Welcome to toolsandhardware.eu. T&H Ltd ('T&H', 'we', 'us', 'our') and/or its affiliates ("toolsandhardware.eu ") provide website features available at www.toolsandhardware.eu to you subject to the following Terms and Conditions of Use (TCU). If you visit or shop at toolsandhardware.eu, you accept these Terms and TCU. Please read them carefully. In addition, when you use any current or future T&H service or facility e.g. Your Profile, Gift Cards, etc., you also will be subject to the guidelines, terms and agreements specifically applicable to such service or facility operated by us.
By using the information, services, and products available through this website, you warrant that you have the legal capacity to enter into these TCU with us and you agree to be bound by all TCU as set forth in this document. The content found on www.toolsandhardware.eu is the exclusive property of T&H Ltd. and is governed accordingly by intellectual property laws and no part of the site may be copied, reproduced or used in any way.
T&H Ltd may modify these TCU from time to time by posting them on this web site; therefore it is your responsibility to check this page regularly to ensure you are conversant with any changes.
2. Information Provided by You
3. Product Descriptions
We attempt to be as accurate as possible. However, T&H does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by our website is not as described, your sole remedy is to return it in an unused condition.
All prices shown on the website are indicated in Euro and are inclusive of VAT.
Except where noted otherwise, the price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. Whilst we try to ensure that all the prices on our website are accurate, mispricing may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you within ten (10) days we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
At toolsandhardware.eu delivery is free on all orders shipped to Malta and Gozo.
6. Payment Method and Security
We accept the following payment methods:
On delivery to Malta and Gozo:
* Online payment via Paypal
On delivery outside Malta and Gozo:
* Bank Transfer or Bankers Draft
You undertake and agree to provide correct details to T&H for the purpose of ordering and/or purchasing goods from this website. You also undertake to ensure that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
When you visit toolsandhardware.eu or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You also agree that e-mail and or the telephone numbers as provided by yourself can be used as a long-distance means of communication.
8. Conclusion of the Contract
The electronic contract between you and us shall be concluded as soon as you have received our electronic acknowledgment, hereby referred to as a confirmatory email, of your order. This confirmatory e-mail will contain all relevant statutory information concerning your contract.
You must check that the details on this confirmatory e-mail are correct as soon as possible and you should keep a copy of it. Should you discover an error in your order you should contact us immediately and a new confirmation email will be issued.
The confirmatory e-mail will also contain a link to these TCU.
9. Cancellations, Return Policy and Refund
All purchases are in general non-exchangeable, non-refundable and non-transferable besides cases of cancellation and withdrawal.
You may also withdraw from the sale without incurring any penalty at any time after the product has been dispatched and you have received our email confirming your order, but no later than 15 calendar days from the date of delivery of the good/s. The following categories of products and services are exempt from this foregoing provision:
(a) the provision of services, if performance has begun, with the consent of the consumer before the end of the fifteen day period referred to above;
(b) the supply of goods or services the price of which depends on fluctuations in the financial market which cannot be controlled by the trader;
(c) the supply of goods made-to-measure to the specifications of the consumer and are clearly personalized or which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly;
(d) the supply of goods purchased on order
(e) the supply of audio or video recording or computer software which are unsealed by the consumer; and
(e) the supply of newspapers, periodicals and magazines.
In the event of return of product during the 15 day cooling off period as mentioned above, you should:
Once the goods are received by T&H Ltd in the condition that they were in when delivered, we will refund you the purchase price of the goods according to your method of payment. Any sum debited to us from your debit / credit card in relation to your order will be re-credited to that debit / credit card account as soon as possible and in any event within 30 days of your order. Please note that in the case of prepaid credit cards, a charge may be imposed by your bank. In the case of payment by cash upon delivery, we will refund the amount upon verification by credit note or cash. Your statutory rights will not be affected.
Withdrawal by T&H
We may cancel the sales agreement at any time before the goods are delivered by giving notice to you if we are unable to supply you with your order, due to circumstances beyond our reasonable control, which include but are not limited to, an inability or failure on the part of the suppliers to provide us with the goods. We shall promptly repay you any sums paid by you or on your behalf under or in relation to the agreement. We shall not be liable for any other loss or damage whatsoever arising from such cancellation.
10. Guarantees and After Sales Service:
* We guarantee that the goods dispatched will correspond with the stated description and specification of your order.
* We guarantee that the goods will be of satisfactory quality when delivered by our carrier.
* If applicable, the terms of any manufacture's guarantee and after sales service will be included within the documents accompanying the goods.
Visitors may post reviews so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, and commercial solicitation. You may not use a false e-mail address, impersonate any person or entity. Reviews are authorised by administration users before being published. T&H reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant T&H a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant T&H and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify T&H for all claims resulting from content you supply. T&H has the right but not the obligation to monitor and edit or remove any activity or content. T&H takes no responsibility and assumes no liability for any content posted by you or any third party.
12. Points, Promotions and Gift Vouchers
All promotions offered on the website are subject to removal without notice and are featured on a whilst stock lasts basis.
Points and Gift vouchers must be redeemed at our website, towards the purchase of products listed at www.toolsandhardware.eu subject to the following:
* The gift voucher cannot be used to pay for other gift vouchers.
* The gift voucher has no cash redemption value and is not transferable or assignable.
* Any unused balance will be held in the recipient's gift voucher account.
* If the order exceeds the amount of the gift voucher, the remaining balance must be paid online or upon delivery.
* Gift vouchers and unused portions of gift vouchers expire one year from the date of issue.
* The usual TCU of purchase and use of our website www.toolsandhardware.eu apply.
* Please note that gift vouchers may only be redeemed by persons having legal capacity according to these TCU.
* One voucher may be redeemed per order.
This site contains intellectual property owned by T&H Ltd. No material from toolsandhardware.eu or any website owned, operated, licensed, or controlled by T&H Ltd or any of its related, affiliated or subsidiary companies, may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission of T&H Ltd.
Whilst we endeavor to ensure that all the information we provide on this website is correct, we do not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
TO THE FULLEST EXTENT PERMITTED BY LAW, T&H DISTRIBUTORS LTD IS PROVIDING THIS WEBSITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS WEBSITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT.
We reserve the right to make changes to the material, detail or to the products and services and prices described in it at any time and without any notice. We reserve the right to modify and/or discontinue (temporarily or permanently) the products and services from time to time, for any reason, and without notice, including the right to terminate any of the products and services. In any such case we shall not be held liable for any such modification, discontinuance or termination.
We provide no further warranties other than the ones specifically agreed to in these TCU. All express, implied and statutory warranties on the part of T&H are hereby expressly disclaimed and limited to the fullest extent permitted by law.
In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify T&H of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. Nothing in this clause affects your statutory rights. You and T&H will only be liable under these TCU for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
The products sold on the website are provided for private domestic and consumer use only. Accordingly, T&H does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the website or for any products or services purchased from toolsandhardware.eu
We shall have no liability to you for any delay in the delivery of products ordered or any other matters, especially in the cases that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
14. Site Policies Modification, and Severability
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to toolsandhardware.eu. We reserve the right to make changes to our site, policies, and these TCU at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
15. Applicable law and jurisdiction
This is a Maltese website and is subject to the laws of the Republic of Malta and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Every purchase you make shall be deemed performed in Malta. Maltese law shall govern every aspect of the electronic contractual agreement between you and T&H concerning purchases made from the website. All disputes arising from the use of this website and or electronic contractual agreement between you and T&H shall be subject to the exclusive jurisdiction of the Courts of Justice of Malta.
The official language used in the contract is the English language.
No waiver by us of any breach of these TCU shall be considered as a waiver of any subsequent breach of the same or any other provision.
You may not permit, create unauthorized framing of, or deep linking to, the website or the creation of derivative works thereof from any other website under your management or control.
In these TCU, "Intellectual Property Rights" means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the website shall be owned by us absolutely.
Subject to the right granted to you to use the website, T&H reserves all rights, title and interest in its Intellectual Property Rights in the website. Any goodwill accruing from use of T&H and its affiliatesâ€™ trademarks, trade and business names and service marks under this Agreement will vest in T&H and its affiliates, as appropriate.
It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
We reserve the right to terminate this Agreement immediately and without notice if:
* you fail to make any payment to us when due;
* you breach the TCU of this Agreement (repeatedly or otherwise);
* when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
* we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the website.
T&H may amend these TCU from time to time, and place the new version on the website. For users purchasing goods, all purchases from the date that the amended TCU are placed on our website onwards will be governed by those new TCU. Otherwise, such changes will be effective against existing users thirty (30) days following posting of the amended version on the website. Your continued use of the website following T&H posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these TCU, then your only remedy is to cease using the website and cancel your subscription/ registration.
These TCU supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between you and us relating to your purchase. We advise you to print off and keep safe a copy of these TCU once your order has been accepted by us. We will store a copy of the contract entered into by you with us. You are advised to read (and are responsible for reading) fully all the information on this website.