These terms and conditions apply to the use of this web site, our services and the use of our software. In using this web site, or our services, or using our software, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site our services and using our software.
In these terms and conditions the expressions "we", "us" and "our" are reference to Affordable Tool Supplies with Offices at: , Kirkhaw Lane, Ferrybridge, Knottingley, West Yorkshire WF11 8RD
2 Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site. Your continued use of the web site, our software and services, following such notification, will represent an agreement by you to be bound by the terms and conditions as amended.
We do not accept responsibility for any loss or damage, however caused, which you may directly or indirectly suffer in connection with your use of this web site, or any linked web site, or our services, or your using of our software, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on or accessed through this web site, or obtained by use of our services or using our software.
To the extent permitted by law, any condition or warranty, which would otherwise be implied into these terms and conditions, is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included, but our liability will be limited for a breach of that condition or warranty if the breach relates to services, to (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again. If the breach relates to goods please see our terms and conditions relating specifically to the sale of goods.
4 Exception to Disclaimer
The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. We do not exclude liability for death or personal injury where we are at fault. Where any goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) your statutory rights are not affected by these terms and conditions.
5 Specific Warnings
You must ensure that your access to this web site, use of our services, or use of our software, is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this web site, our services, or software, does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system telephone or other property. For the removal of doubt we do not accept responsibility for any interference or damage to your own computer system, telephone or other property, which arises in connection with your use of this web site or any linked web site or our services or participation in our software.
Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.
Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers’ own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
You must not use our web site or our services or any of our software, to send or receive any material which is obscene, menacing, defamatory, abusive, offensive or in breach of any person’s rights (including without limitation, rights to privacy) or otherwise unlawful or which might inconvenience or cause needless annoyance or anxiety to any person.
Copyright in this web site, our software and other services (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. We encourage you to print single copies of pages that you feel you need for your personal records. However you are specifically excluded from making any other electronic or paper copies without our prior written permission. In particular you may not in any form or by any means:
· adapt, reproduce, store, distribute, print, disuse, perform, publish or create derivative works from any part of this web site, our software or other services; or
· commercialise any information, products or services, obtained from any part of this web site or relating to any of our software or other service
without our written permission.
7 Trade Marks
Except where otherwise specified, any word or device to which is attached the TM or R symbol is a registered trade mark
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
· in or as the whole or part of your own trademarks;
· in connection with activities, products or services which are not ours;
· in a manner which may be confusing, misleading or deceptive;
· in a manner that disparages us or our information, products or services (including this web site)
8 Restricted Use
Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information as displayed on this web site for your personal use, unless such printing is expressly prohibited but not the underlying source code. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site or our software or other services.
9 Linked Web Sites
This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked web sites.
Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
11 Security of Information
Unfortunately, no data transmission over the Internet or telephone systems can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us, is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
12 Termination of Access
Access to this web site our software or other services, may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
13 Governing Law
These terms and conditions are governed by the laws in force in England and Wales. Those who choose to access the web site from outside England and Wales do so on their own initiative and are responsible for compliance with local laws.
This web site is targeted at businesses and public bodies resident in the United Kingdom of Great Britain. If you are not resident in the United Kingdom of Great Britain and Northern Ireland do not use this site. In listing your organisation place of residence and if appropriate delivery address in any registration subscription or order form, you are representing to us that you are a resident of the United Kingdom of Great Britain and Northern Ireland. This is a representation on which we rely prior to accepting your registration on the web site, your subscription as a customer or your offer to purchase our advertised goods or services.
The following provisions of these terms and conditions shall survive the expiration or termination of these terms and conditions:
Disclaimer, Exception to Disclaimer, Copyright, Trademarks, Restricted use, Governing Law, Survival, Indemnity
You agree to defend indemnify and hold us, our officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims actions or demands, liabilities and settlements, including without limitation, reasonable legal and according fees resulting from, (1) your breach of these terms and conditions or (2) your unauthorised or unlawful use of the web site or its contents, our software or services.
16 Registration and Subscription
The above terms and conditions govern your general access to and use of the web site, our software and other services. However, if you choose to become:-
a registered customer
Please complete the registration form. There is no cost for this service.
a subscription customer
Please read and complete the forms in the members’ area. A contract will be concluded between you and us on your completion of such forms and your subsequent notification by us of acceptance of your application. The charges for subscription to our services (“Subscription”) are specified on the web site during the Subscription process. We reserve the right to increase the charges from time to time.
In consideration of your payment of the charges, your Subscription to our services and your acceptance of these terms and conditions, we agree to allow you, subject to our General Terms and Conditions set out at paragraph 17 below and the terms applicable to any particular software or service, reasonable access.
This contract will remain in force for an initial period of one month (the “Initial Period”) commencing on the date on which you subscribe and ending on the date preceding such date in the next month. At the end of the Initial Period this contract shall continue from month to month (unless otherwise terminated under these terms and conditions) upon the same terms unless terminated by you giving us written notice at any time.
If you do not pay the charges then your Subscription will lapse at the end of the last month for which you have paid charges.
Payments will be automatically made through the credit card of your choice. If you wish to stop being a subscription customer you must notify your credit card company. When your Subscription lapses you will be denied access to the subscription areas of the web site and our services and your password will cease to function.
17 Software and other services
When you use any of our software, or use any of the other services, you are also subject to the terms and conditions applying generally to our software, which are set out below and to the rules relating specifically to any game or service you choose to use.
You must be 16 or over to use any of our software or services. We may seek verification of your age. You must have permission from the person who pays the bill to use the software or services.
Our software and services must not be used:
a. with fraudulent intent or in connection with any criminal offence;
b. to send or receive any material which is obscene, menacing, defamatory, abusive, offensive or in breach of any person’s rights (including without limitation, rights to privacy) or otherwise unlawful;
c. to harass, stalk, inconvenience or cause needless annoyance or anxiety to any person;
d. for commercial or business purposes or to send unsolicited promotional material or spam; or
e. in breach of any third party’s intellectual property rights.
We reserve the right to terminate your access to our software and services for conduct that infringes other useers’ use and enjoyment of the software.
You agree to indemnify us against any claims or legal proceedings which are brought, or threatened against us, by third parties resulting from your use of the software or services in breach of these terms and conditions.
You recognise that the website, software and services may, from time to time, be adversely affected by events outside our control. We will make all reasonable endeavours to ensure the uninterrupted and timely supply of the website, software and services and will take all reasonable steps at our expense, to correct any error, omission or mistake, but will be under no liability for any error in, or delay in, or failure in transmission of the software or services at busy times. Access to the software or services may be limited by the number of lines available. If you use a mobile phone to use the software or access our services, access may be limited if you connect from out of your mobile data service coverage area or if your operator restricts access to services.
If we reasonably believe that there has been a breach of these terms and conditions we reserve the right to immediately and without notice, withdraw or bar the software and/or services or bar your access thereto or terminate your subscription, if you are a subscription customer.
18 To Return to the Web Site
Conditions for Sale of Merchandise
1 The contract between us
You must complete our order form and we must receive payment of the whole of the price for the goods that you order, before your order can be accepted. Once you have completed your order form and payment has been received by us, we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
2.1 The prices payable for goods that you order are as set out in our website.
2.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
2.3 We only accept your order at the promoted price when we confirm to you by email that your goods have been dispatched.
3 Right for you to cancel your contract
3.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
3.2 To cancel your contract you must notify us in writing.
3.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address, at your own cost and risk as within 7 days.
3.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
4 Cancellation by us
4.1 We reserve the right to cancel the contract between us if:
4.1.1 we have insufficient stock to deliver the goods you have ordered; or
4.1.2 we do not deliver to your area; or
4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
4.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5 Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option:
6.2.1 to make good any shortage or non-delivery;
6.2.2 to replace or repair any goods that are damaged or defective; or
6.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation, other than to refund to you the amount paid by you for the goods in question under clause 6.2.3 above.
6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law, or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Affordable Tool Supplies, Kirkhaw Lane, Ferrybridge, Knottingley, West Yorkshire WF11 8RD and all notices from us to you will be displayed on our website from to time.
8 Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable, (including any provision in which we exclude our liability to you), the enforceability of any other part of these conditions will not be affected.
11 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. But this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12 Governing law
12.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
12.2 This web site is targeted at businesses and public bodies resident in the United Kingdom of Great Britain and Northern Ireland only. If you are not a business resident in the United Kingdom of Great Britain and Northern Ireland DO NOT USE THIS SITE. In listing your organisations place of residence and delivery address in our order form, you are representing to us that you are a resident of the United Kingdom of Great Britain and Northern Ireland. This is a representation on which we rely prior to accepting your offer to purchase our advertised goods and services.
13 Entire agreement