| DRAIN-TOOLS.COM WEBSITE TERMS AND CONDITIONS|
THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF THIS WEB SITE AND ANY ON-LINE PURCHASE YOU MAKE SO PLEASE TAKE TIME TO READ THEM.
1. Site owner: DRAIN-TOOLS.COM is a trading name of Monument Tools Limited, a company registered in England and Wales under number 281817. We manufacture and sell plumbing, drainage and related equipment to customers located in the United Kingdom and overseas. Our business is based in England at Restmor Way, Hackbridge, Surrey, SM6 7AH and our VAT registration number is GB217810281.
2. Business customers: This site has been produced for our business customers. We do sell to consumers, but not on the terms and conditions set out here. If you are a consumer and wish to place an order then please contact us for further information.
3. Account customers: Sales on this site are meant mainly for our business customers that do not hold an account with us. Please note that if you are an account holder and you make an on-line purchase then these terms and conditions will apply to the purchase, rather than your account holder terms and conditions.
4. Customers located overseas: This site has been produced for our United Kingdom and Ireland customers. We do not make on-line sales to customers outside the UK and Ireland, but we do make non-Internet sales to overseas customers. Please see clause 5 for further details.
5. Non-Internet sales: These terms and conditions apply only to on-line sales. If you are a business customer and wish to place an order other than via this site then please visit www.monument-tools.com/dlc.asp for the terms and conditions that will apply to such sale.
6. Our offerings: All items offered for sale by us on this site are offered on an "invitation to treat" basis only. This means that we are not obliged to sell you an item on the terms stated until we have dispatched the item to you.
7. Site content and product information: Although we take pride in this site please note that the information posted on it may be inaccurate, incomplete or out of date. In particular, some details of our products, such as colour and dimensions, may not be a true representation. The contents of this site, including product prices, delivery charges, and product details are subject to change at any time without notice.
All our products are either finished products or spares intended for incorporation within our finished products or specified third party products. Finished products are not intended for incorporation within other products and spares are intended for incorporation only within the relevant specified finished product(s).
8. Prices: The prices payable for the items we offer for sale are clearly displayed on this site in pounds sterling. Our prices are exclusive of value added tax and, except as set out in clause 11, do not include the cost of delivery. Where applicable, delivery charges and value added tax will be added to the price of the products you order.
9. Placing an order on-line: The site guides you through the detailed steps required to place an order on-line.
Once you have found the products you are looking for, you order them by clicking on the "Add to Cart" button. Once you have selected all products you wish to buy, click on the "Checkout Now" button, which will take you to your complete shopping basket. The shopping basket will show the total price payable by you for the ordered products, including all delivery charges and value added tax. We will then ask you to complete your invoicing, delivery and other details. All fields in yellow must be completed. Please tick the "I accept the Terms and Conditions" to confirm you have read and understood the terms and conditions. Once completed, click on the "Next" button.
You will then have the opportunity to make a final check of your shopping basket before entering your payment details. Again, all fields in yellow must be completed. Your details will be encrypted to keep them secure. Having completed your payment details select "Next" to submit your order. You can remove or change the products in your shopping basket or stop the ordering process at any time prior to clicking on the "Next" button. After this point it is not possible to change or cancel your order except as set out in clause 11.
By clicking on the "Next" Button you warrant and represent to us that: you are ordering and buying the products you have ordered in the course of your business; you are authorised by your business to place an order for, and buy, the products for and on its behalf; your business has the necessary funds to be able to buy the ordered products; and the information you have provided to us as part of the ordering process is accurate, complete and up-to-date.
All our contracts are concluded in English. Your order will be based upon our product prices and delivery charges, and the value added tax rate, in force at the time you submit your order. If the product prices, delivery charges or value added tax rate are different from those published on this site then this will be brought to your attention before we accept your order. Please note that we may decline to accept an order at our discretion.
10. Accepting an order: We will send you written confirmation by email that we have received your order. This confirmation does not constitute our acceptance of your order. We accept your order at the time we dispatch the ordered products to you and it is at this moment that a contract of sale is made between you and us for the sale by us to you of the products specified in your order. Please note that we rely on the warranties and representations you give us in clause 9 when accepting your order. Each contract of sale is subject to these terms and conditions to the exclusion of all other terms and conditions.
11. Delivery: If the products you order are in stock then we aim to dispatch the products to you within three working days of the day we receive your order. Please note that the day we receive your order may not be the same day you place the order, for example if you place the order on a Saturday, Sunday or English bank holiday. If the products are not in stock then we will dispatch the products to you once they are in stock.
Please note that we cannot, and do not, guarantee to deliver products by any particular date. We accept no liability for any loss or damage you may suffer as a result of our failure to deliver products on or by a particular date.
We will deliver products to the delivery address you specify in your order using our standard delivery service, which usually delivers products within three working days of dispatch. We will not charge you for standard delivery of products with a total net value (i.e. including any discounts, but excluding delivery charges and value added tax) of more than £130 for deliveries to the UK and £180 for deliveries to Ireland or such other figure as we may determine at our absolute discretion from time to time, except we may charge you at our discretion and with your consent for delivery of products to the following postcodes: IV40, IV52 TO IV54, IV63, KW1 TO KW14, PA20 TO PA40, PH19 TO PH40, PH60, Isle of Wight, UK offshore/Scottish isles. we will also charge you for standard delivery of smaller orders at cost.
You must make all arrangements necessary to take delivery of products when we deliver them to you, including providing labour and suitable unloading equipment for the unloading of delivered products. If you do not accept delivery of products or we are unable to deliver or are delayed in delivering products because of your actions or omissions then we may charge you and you will be liable to pay us for all costs we incur as a result.
We may supply products either all on one date or by separate batches on different dates from time to time. Either you or we can, by notice, cancel an order if we are unable to supply the products within a reasonable time, and if this happens, neither party can make any claim against the other. If an order is cancelled and some of the ordered products have been supplied then the cancellation will only apply to the products that have not been supplied (which in this context does not include products that have been dispatched and are in transit at the time of cancellation).
12. Payment: You can pay by MasterCard, Visa or Switch. Authority for payment is given at the time you submit your order. You will not be charged for items until your order is dispatched. We will send you an invoice for the products you order on or around the date we dispatch the products to you.
13. Title and risk: We own all products that you order from us until we receive from you in cleared funds all monies due to us in relation to the products, at which time title to the products passes from us to you. Risk in the products passes to you on delivery.
14. Warranty: We warrant to you that each of the products we supply to you is of satisfactory quality. We also warrant that each of the products we supply to you is free from defects in materials and workmanship at the date we dispatch the product.
The warranties and conditions set out in these terms and conditions are in lieu of all other conditions, warranties or other terms concerning the supply or purported supply of, failure to supply or delay in supplying any of the products that you order from us and which might but for this clause be implied or incorporated into any dealings between you and us or any contract of sale by statute, common law or otherwise, all of which are excluded to the extent permitted by law.
15. Conformity of products: We recommend you check that the products we sell to you conform to your order as soon as possible after the date we deliver the products.
If you do not receive all of the products or you find that any of the products do not conform to these terms and conditions then you must notify us of this fact in writing within 7 days of the date we invoice you for the products. If we do not receive notification from you within this period then you will be deemed to have accepted that: you have received the right quantity of products; the products are free from damage; and the products conform to these terms and conditions.
If you notify us that you have not received all of the products for which you have been invoiced then you must promptly provide us with reasonable evidence supporting your claim. If we accept your claim then we will by way of full and final settlement of all our obligations and liabilities to you in relation to the claim either: refund any monies you have paid to us for the unreceived products; or dispatch to you the unreceived products.
If you notify us that any of the products you receive were damaged whilst they were at our risk or do not conform to these terms and conditions then you must promptly return the products to us and provide us with reasonable evidence supporting your claim. If we accept your claim then we will by way of full and final settlement of all our obligations and liabilities to you in relation to the claim either: refund any monies you have paid to us for the damaged/non-conforming products; repair the damaged/non-conforming products; or replace them with products that conform with these terms and conditions.
16. Products bought for resale: If you resell the products we sell to you then you must: resell the products in their original state; not modify, delete or obscure any copyright, trade mark, patent or other proprietary notice which we have put on the products, the products packaging or the documentation that accompanies the products; pass on to your customers all documentation, including instructions of use, that we supply to you with the products; not incorporate the products within any other product; not make any representations, warranties, claims or guarantees to your customers about us or the products that are false or misleading or inconsistent with those contained in the documentation supplied by us with the products; resell the products in their original packaging; and not use or apply on or in relation to the products (including as or part of any corporate, trade or business name) any other trade marks, logos or wordings.
You shall indemnify us against all costs, damages, losses and expenses we incur as a result of your failure to comply with your obligations under this clause.
17. WEEE: You shall be responsible for financing the costs of collection, treatment, recovery and environmentally sound disposal of waste electrical and electronic equipment from users other than private households arising from any of the products that we sell to you; and accordingly Regulation 9(1) of the Waste Electrical and Electronic Equipment Regulations 2000 shall not apply to us in respect of any such waste. You shall indemnify us against all costs, damages, losses and expenses we incur as a result of your failure to comply with your obligations under this clause.
18. Partner / Promotion Codes: Partner/Promotion Codes give discounts off our standard product prices and are given by us to individuals and organisations at our discretion. these codes may not be published in any media and may be withdrawn without notice. These codes are personal to the individuals and/or organisations to which they are given and may not be used by other individuals/organisations.
19. Intellectual property rights: We own or are licensed to use all intellectual property rights subsisting in the products we offer for sale on this site and you must not infringe or direct anyone else to infringe such intellectual property rights. If you decide to manufacture or supply or ask someone else to manufacture or supply any products that are the same as or similar to any of our products then you must ensure that those products do not infringe our intellectual property rights and do not use any of our trade marks, logos or get up or any trade mark, logo or get up that so resembles any of our trade marks, logos or get up as to be likely to cause confusion.
Unless otherwise stated, all rights, including copyright and database rights, in this site and its contents are owned by or licensed to us, or otherwise used by us as permitted by applicable law. You may access the contents of the site only for your own private use. You may download and use the site on your computer and you can print out hard copies of any part of the content of the site for your personal use. Except where your use is permitted above or by copyright law, you may not otherwise copy, store in any medium (including any other web site), distribute, transmit, re-transmit, broadcast, modify or show in public any part of this site without our prior written permission.
You shall indemnify us against all costs, damages, losses and expenses we incur as a result of your failure to comply with your obligations under this clause.
20. Trade marks: "Monument" and "DRAIN-TOOLS.COM" are our trade marks. We may also claim trade mark and service mark rights in other marks contained within the pages of this site. Other trade marks and names may be used within the pages of this site to refer to the entities claiming the marks and names or their products. We disclaim any proprietary interest in the marks and names of others.
21. Data protection: We are registered under the Data Protection Act 1998. We may use your personal information to: (i) fulfil orders placed by you; (ii) process your payments; (iii) carry out credit checks; (iv) disclose information about you to any relevant regulator if they require it or to anyone else if we have a legal duty to do so; (v) help you to use this site; (vi) analyse your purchasing preferences; and (vii) contact you about our or our group companies' goods, services, special offers and events that we think may be of interest to you. We may disclose your information to our employees, agents, group companies and service providers for these purposes.
In order to protect against fraud and theft we may also share information about the way in which you conduct your account with lenders and credit reference agencies. You have the legal right to ask for a copy of the personal information we hold about you (for which we may charge a small fee) and to correct any inaccuracies in your information.
23. Site security: Ensuring that you can shop on this site safely and securely is important to us. We have put in place measures to help ensure your safety and security when using this site, including encryption of your payment details. If you would like further information about the measures we have taken to help ensure site security then please contact us.
24. Use of this site: You agree to use this site for lawful purposes only and in a manner which is consistent with any and all applicable law and regulation in the country in which you access this site. Your use of this site should not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by, any third party. You agree not to import or transfer to this site either directly or indirectly any information or other content which is or may be inaccurate, misleading, defamatory, obscene or offensive or in breach of any intellectual property right or similar right or damaging to the software or performance of this site.
It is your responsibility to ensure that you have the appropriate hardware, software and protection (such as virus protection) to enable you to use this site and download information from this site safely and securely. We are not responsible to you for any computer virus or bug that affects your computer systems or data as a result of your use of this site or the downloading of any information from this site.
25. Links: Where we provide hypertext links to other web sites or contacts, we do so for information purposes only and such links do not constitute an endorsement or recommendation by us of any products or services offered on such sites. You use such links entirely at your own risk and we accept no responsibility for the content or use of such web sites or for the information contained on such sites (including any web site through which you may have gained access to our web site). You may not link to this site, nor frame it without our written permission.
26. Our liability to you: Nothing in these terms and conditions or any contract of sale shall exclude or limit our liability for: death or personal injury arising from our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be limited or excluded by law. This provision overrides all other provisions of these terms and conditions.
We will not be liable to you under any statute or in contract, tort or otherwise for any: loss of profits, business revenue, business opportunity, contracts, goodwill, data and/or anticipated savings; and/or indirect or consequential loss or damage.
Our total aggregate liability to you under or in connection with each contract of sale (whether such liability arises under any statute or in contract, tort or otherwise) shall be limited to the price payable by you for the products purchased by you under that contract of sale.
Our total aggregate liability to you under or in connection with these terms and conditions (whether such liability arises under any statute or in contract, tort or otherwise) shall be limited to £100.
27. Changes to terms and conditions: We may revise or update these terms and conditions at any time without notice. Use of this site and on-line purchases of our products are subject to the terms and conditions posted on the site at the time of your visit.
28. Force majeure: We will not be liable to you for any breach of our obligations under these terms and conditions or any contract of sale to the extent that the breach is due to circumstances beyond our reasonable control, which shall include, without limitation, labour disputes, shortages of materials or labour and problems with our sub-contractors.
29. Third party rights: No third party shall have any rights under or in connection with these terms and conditions or any contract of sale by virtue of the Contracts (Rights of Third Parties) Act 1999.
30. Illegality: If at any time any provision of these terms and conditions is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these terms and conditions, or the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these terms and conditions.
31. Waiver: No delay or failure by us in exercising or enforcing any right or remedy under these terms and conditions or any contract of sale will be deemed to be a waiver of any such right or remedy, nor will that failure operate to bar the exercise or enforcement of such right or remedy at any future time.
32. Governing law:
These terms and conditions and each contract of sale are governed by and will be construed in accordance with English law and, except as set out below, you and us hereby submit to the exclusive jurisdiction of the English courts in respect of the same.
If you fail to pay us for any products on time or you infringe any of our intellectual property rights then you acknowledge and agree that we may bring a claim against you for non-payment or infringement of our rights (as applicable) in any jurisdiction in which you or your assets are located.