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1. The Company means D&M Tools Limited trading as D&M Tools. (Registered Company Number: 9916347)
The Customer means the person, firm or company to whom the Company supplies or agrees to supply any of the Company's products and any other goods supplied by the Company in the ordinary course of its business (hereinafter called the Goods).
The Recipient means the person, firm, company, corporation or public authority to whom the Goods are delivered upon the Customers instructions (whether expressly or by implication) when it is not the Customer.
The Contract means the contract for the purchase and sale of the Goods.
Writing includes letters, facsimile transmission, electronic mail and comparable means of communication.
Conditions means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Company and the Customer.
2. Unless specifically agreed in Writing these Conditions are incorporated into all Contracts for the supply of Goods and any other conditions or terms (except statutory conditions or terms) are hereby excluded to the fullest extent permitted by law. No rights whatsoever in respect of these Conditions shall attach to any third party within the meaning of the Contracts (Rights of Third Parties) Act 1999 or of any statutory modification of that Act.
These Conditions do not affect the statutory rights of a person dealing as a consumer as defined by the Unfair Contract Terms Act 1977 and/or the Sale of Goods Act 1979 and/or the Unfair Terms in Consumer Contracts Regulations 1994 and 1999 or by any statutory modification of any of those Acts or Regulations.
A Contract comes into being when the Customers order is accepted by the Company or when the Company's quotation is accepted by the Customer
Acceptance of delivery or collection of the Goods shall be conclusive evidence of the Customers acceptance of these Conditions.
3. The Company makes every reasonable effort to ensure that the information contained in any advertising material (including on its website) for which it is responsible is correct as at the time of going to press. Such material is intended, however, only as a guide, and does not necessarily represent the goods on offer. In particular, neither the Company nor its suppliers nor its agents can be held legally liable under the Trade Descriptions Act 1968 or under any other legislation for any inaccuracies of definition, colour, description, illustration (whether photographic or otherwise) or pricing and the Company's policy of continuous improvement determines its right to change specifications and/or prices without notice. Occasionally, an error may occur and goods may be either incorrectly priced or described in which case the Company will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. The Company reserve the right to correct any errors from time to time. The Company will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If the Company are unable to contact you or you do not wish to continue with the order at the correct price or correct description, the Company will cancel your order and refund the price you have paid.
4. Whilst the Company will deliver the Goods ordered by the Customer as soon as reasonably practicable, any date for delivery quoted by the Company is for the guidance of the Customer only and does not form part of these Conditions. Neither date nor time for delivery shall be of the essence of the Contract. The Company shall not be liable to the Customer in respect of any damage or consequential loss of any nature (whether for loss of profit or otherwise), costs, expenses or other consequential detriment suffered by the Customer in respect of any delay in delivery.
5. Despatch of the Goods will be notified to the Customer by the Company by e-mail and (usually under separate cover) by invoice. If possible at the time of delivery the Customer or the Recipient on behalf of the Customer will receive and unload the Goods and check them for quality and condition in the presence of the Company's carrier but if it shall be impossible for any reason or if there shall at the time of delivery be no one available on behalf of the Customer to carry out such procedures the Company shall be entitled at the risk of the Customer to deliver the Goods at the address notified to the Company for delivery. In every case of a shortage or if any of the Goods are in an unsatisfactory condition the Customer or the Recipient shall endeavor where possible to endorse the carrier's delivery document accordingly but whether this has been possible or not must in such event give a separate written statement or e-mail of condition to the Company within 3 working days of the date of delivery (as to which time shall be of the essence of the Contract).
6. All claims for Goods alleged to be defective must be made in Writing to the Company within 10 calendar days of such defect becoming apparent. When notification is so received the Company may require the return of the Goods, or for the Goods to be made available for inspection by the Company and/or by its agents. Should the Company be satisfied as to the alleged defects, and then it may at its option either replace the Goods within a reasonable time, or credit the Customer with the Contract price of the Goods.
THE CUSTOMERS' RIGHT TO CANCEL
7. The Customers right to cancel an order starts the moment the customer places the order and ends 14 days from the day the Recipient receives the goods. To do this the Customer will need to notify the Company that the Customer wishes to do this, specifying the order number of the order to be cancelled. If the goods have already been delivered:
The customer can only exercise this right to cancel your order if the goods are in a re-saleable condition with their original packaging. The customer must return the goods to the company at the customers own cost and risk, within 14 days of notifying the company they wish to cancel their order. This excludes where the company is at fault, in which case the company will arrange collection at the company’s cost. The customer at their own cost may wish to insure your returned goods against damage or loss. The customer must take reasonable care of the goods while in their possession. This excludes goods collected from the company and therefore Consumer Contracts Regulations. Where a customer examines goods at the company’s premises and later order those goods by distance means, even if the goods are slightly different, for example, ordered in a different colour from those actually examined. The whole of the Customer's money will be refunded (excluding any additional costs for enhanced delivery of the goods to the customer, e.g. guaranteed next day) within 14 days of such cancellation and the goods being received by the company, or the customer providing evidence of having returned the goods, whichever is the sooner.
8. Subject to the provisions of the above clause, the Company may at its sole discretion accept the return of the Goods, provided that the Customer indicates the date of the relevant delivery note or invoice number together with the product catalogue number and full description against which the Goods were supplied. A handling charge of up to 15% may be made to cover the cost of restocking the Goods and, in addition, the Company reserves the right to levy a carriage charge on both outward and inward deliveries. Orders for goods not currently listed in the Company's current Catalogue are considered special orders, and cancellation or return can be accepted only provided that the Customer shall additionally be liable for any further charge, which the Company may impose in this respect.
9. If the Customer chooses to pay for their purchase via the Opayo payment gateway, the Company will store the Credential on File. The Company can only store the Credential on File when the result of 3D-Secure authentication and authorisation are successful. Ways in which the stored credential can be used include, but are not limited to:
The contractual agreement to use the stored Credential on File between the Customer and the Company can be made verbally over the phone or in writing via email. The contractual agreement can be cancelled by the same methods.
The stored Credential on File can be removed by the Customer upon the Company receiving a written request.
The stored Credential on File will expire 28 days after the deferred payment is authorised by the Customer.
10. The copyright of this website is owned by the Company Dowding & Dowding and may not be copied or reproduced in any way or form, stored in a retrieval system or transmitted in any form or by any means, electronic or otherwise, without express written consent.
11. The Contract for the supply of the Goods to the Customer shall be interpreted in accordance with the laws of England and Wales which shall for all purposes be deemed to be the proper law of the Contract, save that for those Goods supplied to Customers in Scotland the Contract shall be interpreted in accordance with the laws of Scotland, and for those Goods supplied to Customers in Eire the Contract shall be interpreted in accordance with the laws of Ireland.