Terms conditions Drill Easy Ltd 16/01/2017
We shall not be liable to you where performance of any of our obligations to you is prevented, frustrated or impeded by reason of acts of God, war and other hostilities, civil commotion, accident, strikes, lock outs, trade disputes, acts or restraints of Government, imposition or restrictions of imports or exports or any other cause not within the reasonable control of Drill Easy.
If any part of these terms and conditions is found to be unenforceable as a matter of law, all other parts of these terms and conditions shall not be affected and shall remain in force.
All sizes quoted are approximate.
The supply of goods does not mean that they are suitable for a specific installation. We can only be held responsible for any failure on products supplied by us, to the extent that the manufacturer of such products is prepared to guarantee the same.
Where you place an order for age-restricted goods such as knives, you confirm that you are over the age of 18 and that delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order if we reasonably believe you are not legally entitled to order certain goods.
When Merchant Tiler has delivered the goods, the Customer will be responsible for their safekeeping and we will not be responsible for any damage or fault arising from incorrect storage, or usage other than outlined in the relevant product user manual. If the Customer delays a delivery, Merchant Tiler responsibility for everything other than damage due to its negligence will end on the initial date the product should have originally been delivered.
Ownership of the goods shall remain with Drill Easy and shall not pass to the Customer until the agreed price for them, together with all payments due from the Customer until Drill Easy, have been received in full.
To the extent permitted by law, Drill Easy accepts no liability for any loss, damage or injury arising as a consequence of the advice provided.
These terms and conditions and any contract between us shall be governed by and construed in accordance with English law and the English Courts shall have jurisdiction over any disputes between us.
Contracts are made and accepted subject to these Conditions of Sale. In these terms and conditions:
“Drill Easy” means, Drill Easy and any other connected organisation that supplies the goods ordered by you and any successor to its business;
“We and Us” means Drill Easy either alone or together with you, as the context requires;
“Working day” means every day of the year except weekends, and English statutory and public holidays;”You” means the person ordering goods subject to these terms and conditions;
Drill Easy Ltd proprietor.
Website and payments information.
Please read the following Terms & Conditions carefully, as they will be governing the legal relationship between you and Drill Easy Ltd.
If you do not agree to these Terms & Conditions, please do not use this Website. These Terms and Conditions may be amended and/or revised at any time at our sole discretion. Please check periodically for changes.
1.1 ‘Buyer’ means the party contracting with the Company to buy the Goods under these Terms & Conditions.
1.2 ‘Company’ means Drill Easy Ltd.
1.3 ‘Details’ means any sensitive and/or personal data obtained by the Company in the course of the Transaction.
1.4 ‘Goods’ means the goods that we supply on the Website under these Terms & Conditions.
1.5 ‘Order’ means a purchase order or a sell order issued by you to us in accordance with these Terms & Conditions.
1.6 ‘Drill Price’ means the regularly updated current market price for drills displayed on this website Drill Easy ltd.
1.7 ‘Transaction’ means the sale of the Goods under these terms & conditions by the Company to the Buyer.
1.8 ‘Site/Website’ means the website found at the URL; https://drilleasy.co.uk/
1.9 ‘you/your’ means a person using the Website including the Buyer.
1.10 By ‘Us’ or ‘We’ we mean Drill Easy Ltd.
2. Requirements for Use:
2.1 You must be at least eighteen (18) years old to conduct a Transaction.
2.2 You must be resident in the UK or Europe and we may ask you to provide documentary evidence of your address.
2.3 You must provide us with all of the Details necessary to complete the two-stage initial registration process and any subsequent Transaction.
2.4 You must ensure that the personal Details provided are complete and correct.
2.5 You agree if any changes to your personal Details take place during the Transaction the Company shall be immediately informed.
2.6 You must accept and comply with these Terms & Conditions at all times.
2.7 You must act on your own behalf.
2.8 You must be the duly authorised holder of the bank account/PayPal account used during the Transaction.
3. Prices & Payment:
3.1 The prices of the Goods are displayed on the Website in the relevant sections.
The Payment up to the sum of £2000 may be made by Bank transfer. We are currently unable to accept Payments made by Debit/Credit cards. Payments made by PayPal will automatically attract a surcharge of 3.0% which is levied to offset the additional charges imposed on us by PayPal for this type of transaction. Once such a surcharge has been paid it is strictly non-refundable, even in the event of cancellation of the Order. In the event that the Customer, through system fault or intent, avoids the automatic levy of the 3% surcharge when using PayPal as a payment method then the Company reserves the right to issue a request for payment of the surcharge by the Customer and to withhold delivery of the Order until the surcharge is paid.
3.2 The Payment must be made by Bank Transfer to Our bank account within one working day of placement of the order. All Bank Transfer payments must include the Order ID generated by our system at Checkout (SLV followed by six digits) to enable our system to match received payments with orders. Our Bank Details are supplied during the checkout process and also in the Order Confirmation email that our system will send to you.
3.3 WE DO NOT ACCEPT CASH PAYMENTS due to the high charges from Our Bank to process such deposits and Our inability to match cash deposits to orders due to the absence of a reference number facility for cash deposits.
3.4 Cash deposits to Our Bank Account will not be refunded until the ownership and origin of the cash deposit can be proved to us to our absolute satisfaction. The level of such proof shall be at our absolute discretion and will involve the provision to us of such original documents and signed statements and/or declarations as we see fit. In addition, cash deposits to Our Bank Account may be notified to the Serious Organised Crime Agency (SOCA) for approval of any refund. The combined result of such actions may delay repayment of such cash deposits by a period of up to 30 days.
3.5 Any repayment of cash deposits received to Our Bank Account will be adjusted to reflect the charges imposed on us by Our Bank and will also be subject to a charge of £50 to compensate us for the cost of utilising staff time and resources in settling the matter.
3.6 If the Transaction is for more than £10,000 (British Pounds) worth of Goods, or the Buyer’s purchases exceed £10,000 (British Pounds) in the course of a year, the Buyer is obliged to supply us with proof of ID in order to comply with our “Know Your Customer” protocols and HM Revenue and Customs legislation. We are required to retain on file a copy of the Buyer’s most recent passport and a copy of a recent utilities bill (dated within the last 3 months) showing the Buyer’s home address. Strictly in accordance with the Data Protection Act 1998 such Details will not be passed to any unauthorised third party.
3.7 We reserve the right at Our absolute discretion to hold any and all payments made to Us by any means and to withhold shipment of the related order(s) until You provide us with all of the information and original documentation that We may require, to Our absolute satisfaction, in order to comply with Our ‘Know Your Customer’ Protocol, HMRC regulations, SOCA requirements and/or any other applicable law.
4. Order placement:
4.1 An Order can only be placed via the Website drilleasy.co.uk with the exception of items that are ordered by Telephone.
4.2 The Details obtained by the Company are limited to the maximum extent and are for the mutual benefit of a secure Transaction. Any Details obtained in the course of the Transaction are protected by the Data Protection Act 1998 and will not be disclosed to any unauthorised third party.
4.3 By placing the Order, You confirm that the details contained in the Order are correct in all respects. The system will display a confirmation screen setting out the details of your Order. A contract between you and Drill Easy Ltd is formed when cleared funds are received into our bank account or PayPal account.
4.4 An acknowledgment email will be sent to you immediately after the Order is placed. When the Company despatches the Goods a confirmation email will be sent to you. Please note that it is your duty to ensure that the contact email address that you provide us with is correct. We keep a record of every email sent out. Should you fail to provide the correct email address, you accept full responsibility if we are unable to contact you. We strongly advise that you contact us immediately if you do not receive the acknowledgment email within 30 minutes from placing Your Order.
4.5 Please note that we will not despatch the Goods until full payment for the Buyer’s Order has been successfully received.
4.6 The Company is not required to accept Your Order and the Order will not be accepted if:
4.7 The Company does not have the Goods in stock; or
4.8 The Company does not receive your payment within 1 working day; or
4.9 there is an error on the Website regarding the price or other details of the Goods, including available stock levels.
4.10 The Company suspects that any interference has taken place in respect of the online ordering or payment system during or after the online ordering or payment processes. In such circumstances a full report will be made to the appropriate authorities.
4.11 A period of extreme price volatility influences the liquidity of the market and our ability to trade within that market.
4.12 Despite the above the Company reserves the right to refuse any Order.
4.13 We warrant that we will utilise reasonable skill and care to provide the Goods, substantially as described in these terms and conditions and within a reasonable time. We do not make any other warranty about the provision of the Goods.
5. Order cancellation policy:
The provision of our services to you is covered by the Consumer Contracts (Information,
Cancellation and Additional Charges) Regulations 2013.
These regulations govern the relationship between you and us for the protection of both parties.
We are required to:
5.1.1 Give consumers certain information prior to conclusion of the contract. (We comply with this requirement by providing these Terms & Conditions on Our Website)
5.1.2 Give consumers confirmation of the prior information in writing or in another durable medium which is available and accessible to the consumer. (We comply with this requirement by providing a copy of these Terms & Conditions attached to the order confirmation e-mail which we send to you);
5.1.3 Give consumers certain additional information (e.g. in respect of cancellation rights) (This information is included in these Terms & Conditions);
5.1.4 Refund consumers within a certain time period (Any refunds will be made as soon as possible and within 14 days of a cancellation);
5.1.5 Perform the contract within a certain time period. (Unless the parties agree otherwise, the supplier must perform the contract within 30 days from the day after the consumer sent his order to the supplier.)
5.2 Exceptions to the right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Unless the parties have agreed otherwise, the consumer will not have the right to cancel in respect of certain distance contracts. This applies to the following types of contract, amongst others: for the supply of goods or services which are priced according to fluctuations in the financial market and cannot be controlled by the supplier.
As we supply goods which are priced according to fluctuations in the financial market and such fluctuations cannot be controlled by us, the supplier, there is no option to cancel your order to us under the provisions of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
5.3 Notwithstanding the provisions of clauses 5, 5.1 and 5.2 above, in the interest of providing excellent Customer Service We are prepared to allow Cancellation of orders in exceptional circumstances at our absolute discretion. All requests for order cancellation will be considered on an individual basis and the Company’s decision as to whether or not to allow a requested cancellation will be final and binding. Due to the inherent fluid nature of the precious metals markets, all agreed Order Cancellations by the Buyer are subject to Our Market Loss Policy.
5.4 Our Market Loss Policy is essential to protect us from any adverse movement of tools markets when dealing with cancelled orders. Cancelled orders will be subject to a Market Loss Charge equivalent to any loss to Us resulting from movement in the steel price value of the Order between the Submission of the Order and the Cancellation of the Order; plus an Administration Fee of £25. Any market gain on cancellations shall remain the property of Drill Easy ltd. We will deduct the total sum payable to us under this Market Loss Policy from any part or full payments that you have made to us in respect of subsequently cancelled orders. Any refunds of payments, following the deduction of payments due to us under this Market Loss Policy, will be made to the source of the original payment. Payments made to us by Bank Transfer will be refunded to the originating bank account. Payments made to us by PayPal will be refunded to the originating PayPal account. (Not including any surcharge made in respect of PayPal Payments as at 3.2 above, such surcharges being strictly non-refundable).
5.5 Request for Cancellation of an Order must be made strictly in writing by email. Drill Easy ltd does not accept requests for Cancellations of Orders over the phone or by any other means. Any Cancellation request e-mails must be successfully received by the Company before we despatch your order. It is your responsibility to ensure that you type in the correct e-mail address when sending such an e-mail to Drill Easy ltd by contact form. Under no circumstances can Cancellation of an Order be accepted once the Order has been despatched.
6.1 Next Day Delivery means delivery on the next working day following dispatch of the order from us and does not mean delivery on the next day following our receipt of the order. We are unable to dispatch orders until we receive cleared funds and security check clearance in respect of the transaction. This process may include the requirement for the customer to submit documentation to us relating to proof of identity and address. All orders for which we receive cleared funds and security check clearance by 1400hrs on a working day will be dispatched on the same working day for secure delivery as specified in the delivery option selected at checkout. Orders received where cleared funds and security check clearance are received by us after 1400hrs on a working day will be dispatched on the next working day for secure delivery as specified in the delivery option selected at checkout.
6.2 The delivery of any Goods will be made strictly to the registered address of the payment details used for the Transaction.
6.3 The delivery fee (if applicable) will be added and clearly appear in the checkout section at the end of the Transaction on the Website.
6.4 Ownership and title to the Goods shall pass to the Buyer once the delivery process has been completed (the Goods have been signed for) providing the value agreed for the Goods has been fully received and cleared by the Company before the despatch or collection.
6.5 The Goods are shipped using Royal Mail Delivery Service. Under the conditions of Royal Mail Delivery Service it is a duty of Royal Mail to deliver the items to the address and not the person whose name is written or printed on the parcel. Please note that under paragraph 6.5 the ownership of the Goods passes to you upon delivery. The delivery is completed once the Royal Mail collects a signature at the delivery address. It is your sole duty to ensure the parcel is signed for by an authorised person. We strongly advise that you be present at your premises to avoid a non delivery notice being left.
6.6 It is your responsibility to carefully examine the parcel, before signing for it, for evidence of damage or tampering. If any evidence of damage or tampering is found you must reject the delivery and instruct the carrier to return the parcel to Us. If you sign for and accept delivery of a damaged or tampered with parcel the insurance cover of the contents will be void and any loss discovered when the parcel is fully opened will not be covered. In the unlikely event that you need to reject delivery of a parcel please inform us immediately of the circumstances.
6.7 If, for any reason, you do not receive Your Order please contact Customer Services as detailed in the “Contact us” page. A thorough investigation will be undertaken and a replacement Order, alternative delivery or refund may be arranged where appropriate. Drill Easy ltd may charge you for the replacement Order whilst we investigate the reason for non-delivery or we may charge you for the replacement Order at the completion of the investigation. Drill Easy ltd cannot accept any responsibility or liability for safe delivery beyond the handover of the relevant Order to the delivery address or any liability for fraudulent acts committed by any third party. Drill Easy ltd will not be responsible for any redirected items. Please contact Royal Mail for advice if you have a redirection order in place.
6.8 The Company cannot be responsible for any delays caused by any third party and factors beyond the Company’s reasonable control (not limited to adverse weather, traffic delays, mechanical failures, riot or civil commotion).
7. Buy back:
We will purchase the following products at the rates listed providing that we receive the items in good and saleable condition and that items retain their original packaging which is complete and unopened.
7.1 We will transfer the proceeds of your sale by means of whichever of the following two methods you choose:
7.1.1 Direct bank transfer for transactions below £2,000. This service is charged at a small fee of £5 to clients holding compatible bank accounts and is our preferred payment method.
7.1.2 PAYPAL transactions in excess of £500. This service is charged at 3% per transaction to cover our charges when using this method of payment, the fee being deducted from the valuation figure.
8. Limitation of Liability:
8.1 Nothing in these Terms & Conditions excludes or limits the liability of the Company for death, personal injury or fraud caused by the Company’s negligence or fraudulent misrepresentation.
8.2 In the absence of negligence on the part of the Company, the Company shall not be responsible for the Buyer’s unauthorised use of any of the Goods.
8.3 The Company’s total liability in contract, tort (including negligence or breach of any statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Transaction shall be limited to the Transaction price and the Company shall not be liable to the Buyer for loss of profit, loss of business, depletion of goodwill, or any consequential claims whether direct or indirect which arise out of or in connection with the Transaction.
8.4 Whilst the Company endeavours to the best of its ability to provide the Goods in accordance with the description with reasonable skill and care and within the time agreed, the Company makes no further warranties or representations as to the provision of the Goods and the time shall not be of the essence.
8.5 Whilst the Website is professionally maintained the Company cannot assume any liability for:
8.5.1 Incompatibilities of the Website with other websites, services, software and/or hardware.
8.5.2 Viruses, spywares or any other insecure and disabling features, beyond the Company’s control, that may affect Your access or use of the Website.
8.5.3 Modification, temporary unavailability or discontinuance of the Website.
8.6 No party to these Terms & Conditions shall be liable for any losses suffered by another as a result of unforeseeable consequence of the breach of those Terms & Conditions. Any loss which could have reasonably been contemplated by both of the parties at the time of the Transaction shall be regarded as foreseeable.
9. Intellectual Property:
9.1 No licence to use any trade mark of the Company Drill Easy ltd is granted to you under these Terms & Conditions.
9.2 The content of the Website is protected by intellectual property law. You may retrieve and display the content of the Website on a computer screen , store it in an electronic form on a hard drive or print a copy of the content for Your own private and non-commercial use under the condition that all and any copyright and proprietary notices are clearly visible.
9.3 You are strictly prohibited to copy, distribute, modify or reproduce any part of the Website save for the exception stated in paragraph 9.2.
10.1 You agree to indemnify, defend and hold the Company and the Company’s affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of Your use of the services, the violation of these Terms & Conditions by You, or the infringement by You of any intellectual property or other right of any other person or entity.
11. Data Protection:
11.1 The Customer’s personal information and payment details will be strictly protected in accordance with the Data Protection Act 1998.
11.2 The Customer may request a copy of any information held by Drill Easy ltd and we may charge the Customer an administration fee of £10 for providing such information. The information must be requested in writing to the address stated on this website and signed by the Customer. The Customer may request Drill Easy ltd to correct any inaccuracies in the information held about the Customer. Such a request must be in writing, signed and sent to the address stated at Drill Easy ltd.
11.3 Drill Easy ltd will maintain records of the sale and purchase of the Products for a minimum period of 6 years from the date of the Transaction.
12. Telephone Calls:
12.1 Telephone calls between you and the Company may be recorded. In the event of any dispute arising from such calls the recordings will be treated as definitive evidence of the instructions or communications passed between parties.
12.2 As an additional Security Feature, in respect of high value orders, we may ask you to provide a contact ‘landline’ telephone number on which we can contact you. The details of this number will not be passed to any unauthorised third party but may be examined by our Payment Processing Partners in accordance with our Fraud Prevention Protocols.
13.1 Any dispute and all aspects of it arising as to the Transaction between the Buyer and the Company shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts.
13.2 If any provision of these Terms & Conditions is found by a court or anybody of competent jurisdiction, to be wholly or partly invalid or unenforceable this shall not affect the validity of the remainder of it.
13.3 No person being not a party to these Terms & Conditions shall acquire any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions. This paragraph does not affect any other rights which a party might be entitled to pursuant to that Act.
13.4 We will not be liable for any adverse consequences of your reliance on any views expressed or statements contained within this Website.
13.5 Investments of any kind including precious metals bear a substantial degree of risk. The opinions of The Company, its employees, agents or directors should not be relied upon as any implied or explicit guarantee of return.
14. Other Services:
14.1 We will make charges for additional services which we provide outside the scope of regular Account activity:
14.2 Manually re-setting access passwords –The Drill Easy ltd website system allows you to make changes to your account log in password via an automated process. If you lose or forget your password and need us to manually reset it we reserve the right to make a charge to your account of £10.
An ASGENT Company © 2017