Website Terms Agreement
Upon accessing www.toolzilla.co.uk (the ‘website’) the terms and conditions (the ‘terms’) apply to you and you agree to the outlined terms on this webpage.
Website and Company Ownership Information
The website and the TOOLZILLA brand is owned and operated by BAHV Commerce Ltd (the ‘company’). The company’s registered address is 2 Tower Road, Yeovil, Somerset, BA21 4NQ and the company’s registration number is 10241127. Our VAT number is GB 294528860. The company can be contacted at firstname.lastname@example.org or 0330 127 2009.
Alterations of Terms
The terms can be changed when the company identifies a need for amendments to the policy. If you do not accept our right to do so then you should cease use of the website.
Orders placed on the website are subject to availability and acceptance by the company. The contract between the customer and the company will be formed at the point of the company dispatching the order and not before.
The company will manage the customer’s personal details with all reasonable care. However, in the absence of negligence, the company cannot be held liable for any loss the customer may suffer if a third party breaches our security measures. Any transmission of personal data is at the customer’s own risk. Upon receipt of this information the company will apply strict security procedures to minimise the risk of malicious activity.
When entering personal data on the website the company will hold this information in accordance with the Data Commissioner’s Office’s regulations. The company will consider all personal information as strictly confidential. We may use customer's information for internal record keeping, product or service improvement, email/telephone marketing, and market research. Customer's name, contact information, demographics, and other information may be collected by the company.
Product pricing is subject to change. The price shown on the website at the point of purchase is the price the customer will pay, unless an obvious error is present. If an obvious pricing error is present then the company has the right to not fulfill the order.
Delivery dates are strictly estimates and are subject to change. Subject to our discretion, only orders being sent to countries specifically stated on the website can be fulfilled, if the company cannot fulfill an order due to the country then the order will be cancelled. Orders placed outside of the UK may be subject to import duties and taxes. The company does not have control over this and the customer will be liable to pay the costs. For information regarding import duties and taxes please contact your customs office. All laws of the customer’s country must be complied with. The company will not be held liable for any breaches of laws. The customer has full responsibility and liability for the products upon the delivery to their specified order. The company does not accept any form of liability for goods which are undelivered due to the customer providing incorrect delivery addresses or if the customer does not collect the goods from a post office. In the case of ‘signed for’ orders, the customer assumes full liability for the goods upon signing for the delivery. The delivery should not be signed for if the customer believes the goods have been tampered with or are damaged.
Returns, Refunds and Cancellations
The customer will receive a refund for the price paid for the goods in accordance with the refunds policy. The company must receive the goods in the same condition as the customer received them. This does not affect your statutory rights. Upon receipt of a returned product the company will issue a refund as soon as is possible. The company can only issue refunds to the same bank account as the order was placed.
The Company’s Liability
We assume all products purchased on the website are suitable for basic DIY use and are fit for purpose for the uses specified. If the company breaks this agreement then the company is only liable for the purchase price of goods. If damage is caused to property due to use of the company’s products then we can not be held liable for any damages costs. This does not include or limit in any way our liability: (a) Death or personal injury caused by our negligence. (b) Under section 2(3) of the Consumer Protection Act 1987. (c) Fraud or fraudulent misrepresentation.(d) Any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. The company is not responsible for indirect losses occurring as a result of the main loss or damage, including but not limited to: (a) loss of income or revenue. (b) loss of business. (c) loss of profits or contracts. (d) loss of anticipated savings. (e) loss of data. (g) waste of management or office time.
Events Outside of The Company’s Control
The company will not be held liable for failure to fulfill the terms in the case of events taking place which are outside of our reasonable control. This includes any acts, events, non-happenings, omissions or accidents beyond our reasonable control and includes (without limitations) the following: (a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e) Impossibility of the use of public or private telecommunications networks. (f) The acts, decrees, legislation, regulations or restrictions of any government.
If any of the terms or contracts are determined to be invalid, unlawful or unenforceable by a competent authority, then such term or contract will be severed from the other terms. The remaining terms will still be valid.
Intellectual Property Rights
The customer or any entity using the website do not have the right copyright, design rights, trademarks or any other forms of intellectual property rights. All intellectual property is owned by the company. The website is strictly for personal use and is not provided for commercial use. It is not permitted for any content on the website to be used for any purpose without the written permission from the company. The TOOLZILLA brand is a trademark brand of BAHV Commerce Ltd.
Customer notices must be submitted on the website’s Contact page or by letter to our registered office address. Notice will be deemed as being received upon 24 hours after a message is received and by three days after the receipt of a letter. If the letter is not received then the company will require adequate proof that the letter was addressed correctly, stamped and placed in the post.
The customer agrees to fully indemnify, defend and hold the company, our officers, directors, employees, and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms by the customer, or any other liabilities arising out of the customer’s use of the website or any other entity accessing the website using the customer’s personal information.
Acceptable Use Policy
The acceptable use policy sets the terms between the customer and the company and under which the customer can access the website.
The website can be only used for lawful purposes. The website must not be used for: (a) Transmission of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation. (b) Any manner of breaching any applicable local, national or international law or regulation. (c) Sending, knowingly receiving, uploading, downloading, using or reusing any material which does not comply with the company’s content standards. (d) Any unlawful or fraudulent activities, or in a way that has unlawful or fraudulent purposes. (e) Knowingly transmitting any data, sending or uploading any material that contains trojan horses, spyware, time-bombs, viruses, keystroke loggers, worms, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. (f) Harming or attempting to harm minors in any way. (g) reproducing, duplicating, copying or reselling any part of the website. The customer also agrees not to access without authority, interfere with, damage or disrupt: (a) Any part of the website. (b) Any software used in the provision of the website. (c) Any equipment or network on which the website is stored. (d) Any equipment or network or software owned or used by any third party.
TERMINATION AND SUSPENSION:
At the company’s discretion the company will determine if the terms have been breached by any entity entering or interacting with the website. Upon a breach being identified, the company will take such action as is deemed appropriate. In the case of the terms being breached, the company may take the following actions: (a) Issue a warning to the customer. (b) Removal any posting or material uploaded to our site by the customer. (c) Withdrawal of the customer’s right to use the website. (d) Disclosure the customer’s information to law enforcement authorities. (e) Take legal action against the customer for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. (f) Take further legal action against the customer. The company excludes liability for actions taken responding to breaches of this policy. The responses described in this policy are not limited, the company is liable to take any other action that we reasonably deem to be necessary and appropriate.
CHANGING OUR ACCEPTABLE USE POLICY
The company has the right to revise our acceptable use policy at any time by making alterations to this webpage. The changes are legally binding to the customer. Certain provisions outlined in the policy may be superseded by notices or provisions published elsewhere on the website.