Terms and Conditions

“www.dandytools.com” is the website for “DBT Manufacturing”

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United Kingdom and other copyright laws, and is the property of Dandy Tools Ltd. The collective work includes works that are licensed to Dandy Tools Ltd. Copyright 2003, Dandy Tools Ltd ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Dandy Tools Ltd or purchasing Dandy Tools Ltd products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Dandy Tools Ltd or to purchase Dandy Tools Ltd products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Dandy Tools Ltd. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of Dandy Tools Ltd used in the site are trademarks or registered trademarks of Dandy Tools Ltd

Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Dandy Tools Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Dandy Tools Ltd does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Dandy Tools Ltd does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
Dandy Tools Ltd shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Dandy Tools Ltd has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a Dandy Tools Ltd product is mistakenly listed at an incorrect price, Dandy Tools Ltd reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Dandy Tools Ltd reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Dandy Tools Ltd shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Dandy Tools Ltd without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
Dandy Tools Ltd may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Dandy Tools Ltd.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the United Kingdom, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Dandy Tools Ltd products) shall be in the courts located in the United Kingdom. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Dandy Tools Ltd products) must be commenced within one (1) year after the claim or cause of action arises. Dandy Tools Ltd’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Dandy Tools Ltd may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Dandy Tools Ltd or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Dandy Tools Ltd does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Dandy Tools Ltd is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Dandy Tools Ltd reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Dandy Tools Ltd in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Dandy Tools Ltd, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Dandy Tools Ltd may link to sites operated by third parties. However, even if the third party is affiliated with Dandy Tools Ltd, Dandy Tools Ltd has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Dandy Tools Ltd. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Dandy Tools Ltd seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

TERMS OF SALE

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND KEEP A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by “www.dandytools.com” – the web trading name of DBT Manufacturing whose office address is 7 Islay Gardens, Portsmouth, Hamsphire PO6 3UF England.
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Acceptance of your order will be communicated to you by way of email at the point of dispatch of the products. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time “www.dandytools.com” sends the e-mail to you (whether or not you receive that e-mail).
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until “www.dandytools.com” have shipped your order.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.

2. Description and price of the goods

2.1 The description and price of the goods you order will be as shown on the Supplier’s website or at the Supplier’s store at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Supplier’s website and store are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you will be required to pay a delivery charge for the goods.

3. Payment

3.1 All goods remains the property of the Supplier until cleared funds have been received for the total amount invoiced.
3.2 Payment for the goods and delivery charges can be made by any method shown on the Supplier’s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence.
3.3 There will be no delivery until cleared funds are received.
3.4 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.

4. Delivery

4.1 The goods you order will be delivered to the address you give when you place your order.
4.2 Orders placed will be dispatched within 48hours of the receipt of the order on a working day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.) Orders received over a weekend or on a bank or other public holiday will be deemed to be received on the next working day after receipt.
4.3 If delivery cannot be made to your address for reasons under the Supplier’s control the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days of receipt of the returned goods for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.7 Time for delivery shall not be of the essence. The goods may be delivered by the Supplier in advance of the quoted delivery date.
4.8 If upon receipt of your order you are asked to sign for the goods received in good condition but you are unable to check the contents of the package at that moment in time please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.

5 Risk/Title

5.1 The goods are at your risk from the time of delivery
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and    5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.

6. Title for Business Customers

6.1 If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier’s property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier’s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and condition and keep them insured on the Supplier’s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.

7. Your right of cancellation

7.1 You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods (see below).
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by letter or via the email link in the “Contact Us” section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
7.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days of receipt of the returned goods for any sum that has been paid by you or debited from your credit card for the goods.
7.5 If you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
7.6 You do not have the right to cancel the contract if the order is for consumable goods which, by their nature, cannot be returned.

8. Warranty

8.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval.
8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the e-mail address shown below within 3 days.
8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the e-mail address shown below, as soon as possible, but in any event within 3 days of the date you discovered or ought to have discovered the damage, defect or complaint.

9. Limitation of Liability

9.1 the Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

10. Data Protection

The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.

11. Applicable Law

These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.

12. Images

Product images are for illustrative purposes only.

Our Address

DBT Manufacturing
7 Islay Gardens
Portsmouth
Hampshire
PO6 3UF
England
email address: customerservices@dandytools.com

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