Terms & Conditions

Your status

By placing an order through our site, you warrant that:

You are legally capable of entering into binding contacts; and You are at least 18 years of age; and that you are a business.

Payment

Various payment methods are available, these are as follows:-

Visa Credit, Visa Debit, Visa Electron, Mastercard Debit, Mastercard Credit, Maestro, Cheques and BACS transfers are accepted as methods of payment.

All transactions are in pounds sterling.

However, if you are an existing customer this will be added to your account and billed in the normal way.

Delivery

J Newsome (Tools) Ltd delivery charges in Mainland UK including VAT are as follows:-

Orders under £50.00    £6.75 (Next Day**)

Orders over £50.00       Free (Next Day**)

All Offshore Islands, Northern Ireland, Republic of Ireland and Post codes (IV – Highlands) - £100.00 carriage paid (next day not applicable).

In most cases the standard delivery service on orders received prior to 12:00pm (noon)** for delivery to addresses in Mainland UK is that the goods will be delivered next working day (i.e. If you place your order before 12:00pm (noon)** on Monday your goods should be delivered on Tuesday. Order placed after 12pm (noon) Monday delivery aim would be Wednesday)

Unavailability

In the event that a product is unavailable for whatever reason, we will contact you and ask whether you would like us to supply a suitable alternative product. We “will not” supply an alternative product unless we receive instructions from yourself that you wish us to do so. If you opt not to purchase an alternative product but would still like to purchase the original item we will arrange to have this placed on a “back order” for dispatch when goods are available. Alternatively, if you are unable to wait till stocks are replenished we will accept cancellation of the item/s in question.

Risk and Title

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.

All prices quoted are exclusive of VAT. The only possible additional charge above the price quoted for the item is a carriage charge of £6.75 on orders with a total value of under £50.00 and an optional additional charge for a next day delivery.

The VAT element of each purchase is clearly detailed on our invoice. Please note! The prices shown on the invoice may differ from those shown within our price list due to ongoing special promotional offers.

We will normally confirm prices as part of our dispatch procedures so that where a products correct price is less than our stated price we will charge the lower amount when dispatching the product. However, if a products correct price is higher than the price stated on our site, we will normally “at our discretion” contact you for confirmation before dispatching the product. We are under no obligation to provide the product to you at the incorrect (lower) price. If the item in question has already been invoiced then again “at our discretion” a credit will be issued accordingly.

Guarantees

J Newsome (Tools) Ltd take great care to ensure that all products featured on this website are of a high quality.

As part of our commitment to quality we provide a 1 year’s guarantee on all hand tool products on this website provided that they have been used for their intended purpose and in the correct manner. However, in many cases due to the exceptional quality of the products, the manufacturers will give much longer guarantees on their products.

If a product is faulty and under guarantee you should follow the procedures detailed below.

Returns & Refunds

We aim to provide you with as much information as we can about each product so that you can make an informed purchasing decision. Goods supplied correctly will be subject to a handling charge of 15%.

Unfortunately, we cannot accept proof of posting as confirmation of goods returned.

Upon receipt of the item(s) we will credit the full value of the item(s) less handling charge subject to them being unused and in their original condition and packaging. Unless otherwise agreed, you will be responsible for the costs for returning the goods to ourselves unless instructions are given that one of our Representatives will collect the goods when next in your area.

Import Duty

If you order products from our site for delivery outside the UK, this may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we do not have any control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations for the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communications should be in writing. This condition does not affect your statutory rights.

Notices

All notices given by you to us must be given to J Newsome (Tools) Ltd, Unit 1, Harleston Street, Sheffield, South Yorkshire, S4 7QB. We may give notice to you at either the email of postal address you provide to us when placing an order, or in any other of the ways specified in the previous paragraph under the heading “Written Communications”. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of Rights and Obligations

The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

Events Outside our Control

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a contract that is caused by events outside our reasonable control “force majeure” event. A force majeure event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • Strikes, lock-outs or other industrial action
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
  • Impossibility of the use of public or private telecommunications networks
  • He acts, decrees, legislation, regulations or restrictions of any government

Our performance under any contract is deemed to be suspended for the period that the force majeure event continues and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the force majeure event to a close or to find a solution by which our obligations under the contract may be performed despite the force majeure event.

Waiver

If we fail at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract. This shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these terms and conditions.

Severability

If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be served from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

Our Right to Vary these Terms and Conditions

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems capabilities or any other changes. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any changes to those policies or these terms and conditions is required to be made by law or governmental authority in which case it will apply to orders previously placed by you, or if we notify you of the change to those policies or these terms and conditions before we send you the dispatch confirmation.

In which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the product(s).

Contract Information and Governing Law

A contract is formed between you and J Newsome (Tools) Ltd only when you have received confirmation that your order has been dispatched and you are notified of the order number on the screen and by e-mail.

For the avoidance of doubt the contract will be deemed to have been concluded in the United Kingdom and shall be governed by and construed in accordance with English Law and you and J Newsome (Tools) Ltd will agree to submit to the non-exclusive jurisdiction of the English courts.

The contract between you and us will be conducted in English.

Copyright

All of the design of this website, its graphics, text, the arrangement and selection thereof and all software and compilations of software, source codes and all other components of or material comprised in or on this website are the copyright of J Newsome (Tools) Ltd or their designers and content and technology providers. All rights reserved.

You are permitted to copy and to print all or part of this website for the purpose only of placing an order with J Newsome (Tools) Ltd. Any other use or reproduction of this website or any of its components is strictly prohibited without prior written permission from J Newsome (Tools) Ltd.

Disclaimer

Whilst great care has been taken to ensure that the information on this website is accurate, information as to price may be subject to change without notice. Without in any way reducing or affecting your statutory rights J Newsome (Tools) Ltd makes no representations or warranties either that the information in or accessible via this website is accurate, complete or current, nor of any other kind, express or implied with respect to this website or the products, information, materials or content including (without limitation) warranties of merchantability and/or fitness of any product for a particular purpose.

Our Liability

1) We warrant to you that any product purchased from us via our website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

2) Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

3) This does not include or limit in any way our liability:

  i) For death or personal injury caused by our negligence

  ii) Under section 2 (3) of the consumer protection act 1987

  iii) For fraud or fraudulent misrepresentation; or

  iv) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

4) We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:

  i) Loss of income or revenue

  ii) Loss of business

  iii) Loss of profits or contracts

  iv) Loss of anticipated savings

  v) Loss of data, or

  vi) Waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable

Provided that this clause (4) shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause (1) or clause (2) or any other claims for direct financial loss that are not excluded by any of categories (i) to (vi) inclusive of this clause (4)

Statutory Rights

Your statutory rights are unaffected by anything appearing in these terms and conditions.