Terms & Conditions

If you are in any doubt about anything, please email us on [email protected] or phone on 01909 480055 (Mon-Fri 9am to 5pm) and we will be happy to help.

 

Last Updated:     20/01/2020

Part 1 - Terms of Use

1                  We are Straightset Limited (Company No: 02196324) whose registered office is situate at Stadium Close Dukeries Industrial Estate Claylands Avenue Worksop Nottinghamshire S81 7BT and we own and operate this website (Site).

2                  Your use of the Site is subject to these Terms of Use. By using the Site, you will be deemed to have accepted and agreed to be bound by these Terms of Use. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. You can determine when we last changed these Terms of Use by referring to the ‘Last updated’ statement above. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.

3                  You are responsible for all access to the Site using your Internet connection, even if the access is by another person.

4                  We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use).

5                  We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. In particular, the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site.

6                  The intellectual property rights in the Site and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.

7                  We provide the Site on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:

7.1             all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and

7.2             any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site.

The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

8                  Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:

8.1             use the Site for any fraudulent or unlawful purpose;

8.2             use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;

8.3             impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;

8.4             interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;

8.5             transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;

8.6             reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;

8.7             modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;

8.8             remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;

8.9             frame or mirror any part of the Site without our express prior written consent;

8.10          create a database by systematically downloading and storing Site content;

8.11          use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.

We reserve the right to revoke these exceptions either generally or in specific instances.

9                  The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.

10               We may block any links to or from the Site. Additionally, we may provide tools to allow you to link to the Site directly from a third party site; if you do link to the Site (whether using such tools or otherwise), you agree that you will disable and remove any such link promptly upon our request.

11               We may collect and use information about you in accordance with our privacy policy. You can view a copy of this policy by clicking here .

12               These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site.

13               These Terms of Use will be governed by and construed in accordance with the laws of England, and the courts of England will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use.

14               This Site is intended for use in the United Kingdom only and is not suitable for use in any other country, territory or domain.

Part 2 - Sales

1                  The contract between us

1.1             We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once 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                  Price

2.1             The prices payable for goods that you order are as set out in our Site.

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 Site.

3                  Cancellation by us

3.1             We reserve the right to cancel the contract between us if:

3.1.1         we have insufficient stock to deliver the goods you have ordered;

3.1.2         we do not deliver to your area; or

3.1.3         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 or recalculated delivery charges from suppliers at point of purchase.

3.2             If we cancel your contract we will notify you by email and will 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.

4                  Delivery of goods to you

4.1             We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.

4.2             Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.

4.3             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.

5                  Liability

5.1             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.

5.2             If you do not receive the goods ordered 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.

5.3             If you notify a problem to us under clauses 5.1 or 5.2 above, our only obligation will be, at your option:

5.3.1         to make good any shortage or non-delivery;

5.3.2         to replace or repair any goods that are damaged or defective; or

5.3.3         to refund to you the amount paid by you for the goods in question in whatever way we choose.

5.4             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 5.3.3 above.

5.5             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.

5.6             We have not given any warranty or condition as to the quality or fitness for any purpose of the goods;

5.7             all conditions or warranties, express or implied (whether by statute or otherwise), are expressly excluded;

5.8             The Supplier shall not incur or accept any liability concerning any representation made by the Supplier (or made on the Supplier’s behalf) to the Client (or any person acting on behalf of the Client) prior to the making of this Agreement where such representation was made or given in relation to the Conditions.

5.9             The Supplier shall not accept any liability to the Client concerning any express term or provision of this Agreement relating to the Goods where such a term relates to the Conditions.

5.10          All terms, conditions or warranties implied by statutory or common law relating to the Conditions concerning the Goods are excluded from the Agreement to the fullest extent permitted by law.

5.11          Conditions means:

5.11.1      the correspondence of the goods with any description; and/or

5.11.2      the quality of the goods; and/or

5.11.3      the fitness of the goods for any purpose(s) whatsoever (whether made known to the Supplier or not).

5.12          Some of the Bahco range of products which are available on our Site come with the benefit of the warranty set out in Part 4.  This is in addition to any rights you may have under this Contract.

 

6                  Returns

6.1             In addition to the provisions of clause 5 we will accept the return of any goods incorrectly ordered by you provided they are returned to us at your cost within 28 days of being ordered.  The goods must be returned in the same condition they were received.  Upon receipt of the goods back we will issue a refund after deduction of a re-stocking fee which may be applied at our discretion.

7                  Notices

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 Stadium Close Dukeries Industrial Estate Claylands Avenue Worksop Nottinghamshire S81 7BT 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.

9                  Invalidity

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.

10               Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

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 United Kingdom 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

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.

13               Children

We do not sell products that are available for purchase by Children.  By placing an order through our Site you are confirming that you are over the age of 18.

14               Entire agreement

These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

 

Part 3- Sales to Consumers

1                  Introduction

1.1             The provisions of this Part 3 are in addition to the provisions of Part 2 (except where specifically excluded) and are only available to Consumers as defined in the Consumer Rights Act 2015

2                  Right for you to cancel your contract

2.1             You may cancel your contract with us for the goods you order at any time up to the end of the fourteenth 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.

2.2             You cannot cancel your contract if the goods you have ordered are newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.

2.3             To cancel your contract you must notify us in writing.

2.4             If you have received the goods before you cancel your contract then unless, under clause 3.2, you do not have a right to cancel 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 soon as possible.

2.5             Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be 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 credited to you.

3                  Liability

3.1             Clause 5 of Part 2 is excluded

3.2             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.

3.3             If you do not receive the goods ordered 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.

3.4             If you notify a problem to us under clauses 3.2 or 3.3 above, our only obligation will be, at your option:

3.4.1         to make good any shortage or non-delivery;

3.4.2         to replace or repair any goods that are damaged or defective; or

3.4.3         to refund to you the amount paid by you for the goods in question in whatever way we choose.

3.5             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 3.3.4 above.

3.6             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.

3.7             Some of the Bahco range of products which are available on our Site come with the benefit of the warranty set out in Part 4.  This is in addition to any statutory rights you may have under this Contract.

3.8             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.

Part 4 - Bahco Warranty

1. Where permitted by law, all hand tools are offered with a lifetime warranty – a warranty against material and manufacturing defects for the normal lifetime of the tool in question: ‘Lifetime’ is defined as the period of time a tool can be expected to last under normal use and conditions.
2. SNA Europe’s range of power tools, pneumatic tools and measuring tools are excluded from point 1 and each has a separate warranty card supplied with the product covering the specific warranty conditions, Products are designed and manufactured for professional use. Generally the warranty period is one year (12 months) for professional use and two years (24 months) for private use. The warranty period starts on the purchase date. This date may be verified with the invoice or any other document of equivalent legal validity.
3. Defective products will be repaired, replaced or substituted. SNA Europe does not cover transit costs for repaired, replaced or substituted products.
4. Any product that has been incorrectly used and/ or maintained or that is worn from improper use of that has suffered unauthorised modifications is not covered by this warranty.
5. A warranty claim must be submitted within the warranty period. This requires the submission or shipment of the complete tool in question with verification of sale documentation, which must validate the purchase date and the product designation to the retailer or distributor.
6. Replacement or repair of the product will be carried out as quickly as possible. At the reception of the replaced or repaired product the customer is asked to validate conformity. Replacement and repairs provided under the warranty do not lengthen or renew the warranty period for the tools.