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Terms and Conditions

 


 

This site is owned by CBS Power Tools Ltd (hereafter THE MERCHANT) and registered in England, Registration No. 673755, with registered address at:


VP Square, Storeys Bar Road
Fengate, Peterborough
Cambridgeshire, PE1 5TQ 
United Kingdom


(hereafter THE MERCHANT ADDRESS), and email address at sales@cbspowertools.co.uk.


Any purchase of goods from this site (hereafter THE MERCHANT SITE) requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".

VAT Number: GB119100905


Currency Accepted:


We accept payment in British Pounds (GBP) only.


Your Status:


 By placing an order through our site, you warrant that:
 1) you are legally capable of entering into binding contracts
 2) you are at least 18 years of age
 3) you accept our Terms and Conditions as set out herein.


Purpose

These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by THE MERCHANT for the customer.

Order Confirmation

All contractual information will be confirmed by email to the address specified by the customer during the purchasing act.

Proof of Transaction

The records stored in THE MERCHANT's computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.
Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.

Product Information

Every effort has been made to ensure the accuracy of the information presented on THE MERCHANT SITE. THE MERCHANT or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.

Validity Period of Offer and Prices

Our offers and prices are valid for the day the site is consulted and are subject to change without notice.

Delivery Terms

Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service.

All products leave our premises in perfect condition. The customer must notify the carrier (or postman) of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary. A new, identical product will then be sent to the customer at no additional charge.

No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception.

As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will reimburse THE MERCHANT, who will deliver a new, identical package to the customer free of charge.

We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.

Loss or Damage in Transit

THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE MERCHANT and the carrier within three (3) business days of delivery.

In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE MERCHANT or its representatives on request.

Delivery Errors

The customer must inform THE MERCHANT immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.

Any claim made after this time period will be rejected.
All claims must be made in writing and sent to THE MERCHANT ADDRESS.

Any claim that does not respect the rules defined above cannot be taken into account and releases THE MERCHANT of any responsibility to the customer.

In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE MERCHANT in whole, in its original packaging and in perfect condition to THE MERCHANT ADDRESS.

For claims to be accepted, the customer must first make a declaration to THE MERCHANT concerning any returns and receive and THE MERCHANT's consent. If accepted, the customer will ship the package to THE MERCHANT ADDRESS.

Shipping fees shall be at THE MERCHANT's expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return.

Warranty

The provisions hereof cannot deprive the customer of their right to legal warranty requiring THE MERCHANT to protect the customer against latent defects of goods sold.

The customer is expressly informed that THE MERCHANT is not the manufacturer of the goods presented in THE MERCHANT SITE and that THE MERCHANT shall not be held liable for defective goods.

In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product.

All products sold on THE MERCHANT SITE are under a the standard manufactures warranty. All products that have been modified or repaired by the customer or any other party not chosen by THE MERCHANT are not covered by this warranty.

The warranty can be extended according to the terms provided by the manufacturer.

Right to Withdrawal

In accordance with the Consumer Contracts Regulations, the customer has the right to a cooling off period of fourteen (14) days, to cancel the contract and return said goods at their own expense, without having to give a reason. All goods must be returned to THE MERCHANT ADDRESS and documented proof of delivery must be provided.

The cooling off period and right to cancel do not apply to contracts, orders for any goods made to your specification, any downloaded goods or unsealed goods including but not limited to (DVD, CD, Tapes, Software, Video and audio).

Customers wishing to return goods under this agreement must contact THE MERCHANT for a Returns Code and the completion of returns documentation. This can be accomplished by Email (returns@cbspowertools.co.uk) or by Telephone 01733 343 031

Once a return has been actioned the customer must return the goods within 14 days of this agreement. All shipping expenses shall be the responsibility of the customer. It is the responsibility of the customer to ensure that goods are returned to THE MERCHANT undamaged, in the original packaging and securely packaged and sealed to prevent loss or damage to the goods in transit. If any of these conditions are not met THE MERCHANT reserves the right to reduce the amount of money refunded. For example, returned goods that have been damaged in transit or show evidence of use beyond the handling necessary to see whether the goods are as expected will not receive a full refund.

Only complete and unused goods received in perfect condition for resale will be accepted under this agreement.

THE MERCHANT will refund the customer within 14 days of receipt of acceptable returned goods.

Right of Use

The use of any trademarks, logos or brands present on the site is strictly forbidden.

Force Majeure

Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.

In such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within ten (10) business days following the date such events become known.

Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.

Partial Invalidity

These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.

Non-Waiver

No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.

Data Protection

All personal data you provide to us is used and processed in accordance with our Privacy Policy.


Applicable Law and Competent Jurisdiction


In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT's terms and conditions.

In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.

Last Revised: 25th May 2018


 
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Call Us: 01733 343 031
 
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Mon to Fri 8:30 am to 4:30 pm
(trade counter 8am to 4.30pm)
Saturday 8:30 am to 12 noon
 
Site Operated by: CBS Power Tools Ltd,
VP Square, Storeys Bar Road,
Fengate, Peterborough, Cambridgeshire, PE1 5TQ 
T: 01733 343031 
E: sales@cbspowertools.co.uk
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