Terms and Conditions

Terms & Conditions

These terms and conditions outline our trading agreement with you as a consumer our products. We are Total Products and Services Limited a company registered in England and Wales trading as JCB Contractor Tools. Our company registration number is 12007195 and our registered office is at 2 Cheapside, Derby, DE1 1BR, UK. Our registered VAT number is 372 196 582.

How to Contact Us

You can contact us by:

• Telephoning our customer service team at 03302 235966
• Emailing us at info@jcbcontractortools.com or
• writing to us at 2 Cheapside, Derby, DE1 1BR, UK

YOUR INFORMATION

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when placing your order or registering for your account with us. Your privacy and personal information is important to us. We will only use your personal information as set out in our Privacy Policy which explains what personal information we collect from you, how and why we collect, store, use and share such information and your rights in relation to your personal information.

THESE TERMS & CONDITIONS

These are the terms and conditions on which we supply goods to you. Please read these terms carefully before you submit your order to us as they will be legally binding on you. These terms tell you important information such as information about;

• How we accept your order
• How we provide the products
• Your right to cancel
• What to do if there is a problem with a product
• Your rights in respect of defective products
• Price and payment

If you have any questions about these terms please contact us by email at info@jcbcontractortools.com to discuss. These terms are only available in English. No other languages will apply to this contract. When we use the words “writing” or “written” in these terms, this includes emails.

WHAT TERMS APPLY TO YOU

Most of these terms apply to all customers but in some areas you will have different rights under these terms depending on whether you are a business customer or consumer. You are a consumer if:

• You are an individual and
• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.

OUR CONTRACT WITH YOU

Submitting your order – When you submit your order at the end of the online checkout process or via email or telephone we will acknowledge it by email but this does not mean we accept it. How we will accept your order – Our acceptance of your order will take place when we email you again to confirm the order is being processed or dispatched, at this point a contract will come into existence between you and us. If we cannot accept your order – If we are unable to accept your order, we will inform you of this as soon as possible. This might be because the product is out of stock, because we cannot authorise payment, because we have identified an error in the price or description of the product, because you have requested delivery to an address we are unable to deliver to (delivery to Mainland UK, for delivery outside of these areas please contact us for delivery price) [because we are not allowed to sell the goods to you (for instance where an age restriction applies or because we are unable to meet a delivery deadline you have specified. Age restrictions – If you are under the age of 18 you buy certain goods from us. You may not be able to buy certain goods because you are too young, please contact us for more information. Delivery restrictions – We are only able to deliver to mainland UK and NI Your order number – We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order. Orders for more than one product – Where your order includes more than one product, the price of each product will be apparent during the order process. If you are a consumer we may deliver in instalments where we have specified this is a possibility during the order process.

OUR PRODUCTS

Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

OUR RIGHTS TO MAKE CHANGES

Minor changes to the products. We may change the product:

• To reflect changes in relevant laws and regulatory requirements; and
• To implement minor technical adjustments and improvements, for example to address a safety issue. These changes will not materially affect your use of the product.

More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to [these terms or] the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

PROVIDING THE PRODUCTS

Delivery costs Delivery is free for orders over £50.00. £5.99 delivery charge will be added at checkout for orders under £20.00. £2.99 delivery charge for orders under £50.00. When we will provide the products. Orders are usually dispatched within 3-5 working days (which are defined as Mon-Fri excluding public holidays) of our accepting your order but at busy times this may be extended to 7 working days. We will notify you once your products have been dispatched and where available we will provide you with tracking information in relation to your delivery. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. If you are not present when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract in which case we will refund you for any products you have paid for but not received but we may deduct from that refund reasonable compensation for the net costs we incur as a result. When you become responsible for the goods. A product will be your responsibility from the time we deliver it to the address you gave us. When you own goods. You own a product once we have received payment in full. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, name, address, telephone number, email address. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (in which case we will refund you for any products you have paid for but not received but we may deduct from that refund reasonable compensation for the net costs we incur as a result) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

YOUR RIGHT TO CANCEL

We offer all customers the right to cancel their contract with us within 30 days without giving any reason subject to the restrictions set out below. The cancellation period will expire 14 days after you (or someone on your behalf) have received the goods. To exercise the right to cancel you must inform us of your decision by a clear statement, see How to Contact Us To meet the cancellation deadlines it is sufficient for you to send your communication concerning cancellation before the cancellation period has expired.

WHEN YOU CANNOT CANCEL

You right to cancel your contract will not apply in respect of:

• Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
• Sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them and
• Any products which become mixed inseparably with other items after their delivery.
• Any goods that have been used
• Any goods which are made to your specification or personalised.

EFFECTS OF CANCELLATION

Returning product. If you have received the product:

• You must send it back to us at Neiley Works, 2 Cheapside, Derby, DE1 1BR, UK, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of your contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We recommend you use an insured and trackable mail service and obtain proof of postage
• Please ensure all parts are returned including handles and any other item that can be taken apart for transportation;
• You will have to bear the direct cost of returning the product; and
• You will be liable for any diminished value of the product resulting from the handling other than what is necessary to establish their nature, characteristics and functioning.

What we refund. We will refund you all payments received from you in relation to the product(s) concerned, excluding the cost of any delivery charges. We may make deductions from the refund for the loss in value of the product supplied if the loss is the result of unnecessary handling by you. When we refund. We will make the refund without undue delay, and not later than:

• 14 days after the day we received back from you any products supplied; or
• (if earlier) 14 days after the day you provide evidence that you have returned the product(s); or
• if there were no products supplied, 14 days after the day on which we are informed about your decision to cancel the contract.

We may withhold reimbursement until we have received the product(s) back or you have supplied evidence of having sent back the goods, whichever is the earliest. How we refund. We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

CONTENT, DESIGN AND REPRODUCTION

The whole content of our website, catalogues and special offers are considered property of the Seller. Reproduction of any part or whole is prohibited.

IF THERE IS A PROBLEM WITH THE PRODUCT

If you have any questions or complaints about a product, please contact us info@jcbcontractortools.com

CONSUMER RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS

If you are a consumer we are under a legal duty to supply products that are in conformity with our contract with you. The box below sets out a summary of the key legal rights applicable to consumers in relation to the products. Nothing in these terms will affect a consumer’s legal rights.

Summary of key legal rights applicable to consumers

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

• Up to 30 days: if your goods are faulty, then you can get an immediate refund.
• Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
• Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them to us. We will pay the costs of postage. Please contact us for a return label.

BUSINESS CUSTOMER RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS

Our standard warranty. If you are a business customer we warrant that on delivery any products will:

• Conform in all material respects with their description;
• Be free from material defects in design, material and workmanship;
• Be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
• Be fit for any purpose held out by us.

When our standard warranty does not apply. We will not be liable for a product’s failure to comply with our standard warranty if:

• You make any further use of such product after notifying us of an issue with your product under the standard warranty;
• The defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
• The defect arises as a result of us following any drawing, design or specification you supplied;

If there is a problem covered by our standard warranty. If:

• You give us notice in writing within 30 days from delivery OR during the warranty period and within a reasonable time of discovery that a product does not comply with the standard warranty set out above;
• We are given a reasonable opportunity of examining the product;
• You return the product to us at our cost; and
• The product has not been subject to:
• Accidental damage;
• Cosmetic damage;
• Misuse;
• Overload;
• Insufficient servicing or maintenance;
• Abnormal/inappropriate environmental or operating conditions;
• Repairs or modification other than those we have undertaken;
• Repairs which have used spare parts that are not genuine manufacturer approved parts; or
• wilful damage or negligence.

we will, at our option, repair or replace the defective product, or refund the price of the defective product in full. We will have no other liability to you in respect of a product’s failure to comply with the standard warranty. Repaired/replacement products. These terms shall apply to any repaired or replacement products supplied by us under the standard warranty.

PRODUCT GUARANTEE

At JCB Contractor Tools we stand by the quality of our tools. All our products are covered by a one-year guarantee. For items bought directly from us please contact us, by email on enquiries@jcbcontractortools.com We may very occasionally ask for the item to be returned to us for quality control purposes, but usually all we require is an image of the item clearly showing the fault, and a proof of purchase. Where we offer a replacement, we will make every effort to offer the same tool. Where this is not possible, we may offer an alternative item. Under this guarantee we cannot cover normal wear, lost or stripped parts, or any product which has been modified. We also cannot cover product damage due to misuse. i.e. using a tool in a manner for which it was not designed, or where the tool has not been adequately cared for e.g. Keeping a tool outside rather than in a dry environment. This guarantee also excludes cosmetic changes in appearance due to wear and tear. Very occasionally, there may be structural failings caused by errors in manufacturing or defects in materials that can cause a product to fail. If the fault occurs within the first 12 months please follow the above instructions if you purchased the item directly from our website. If you purchased the item from another source (i.e. another store or website) then please return the product to your place of purchase.

PRICE & PAYMENT

Where to find the price for the product – The price of the product (which includes VAT) will be the price on our website. We take all reasonable care to ensure that the price of the product advised to you is correct. We will pass on changes in the rate of VAT – If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect. What happens if we got the price wrong – It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you. When you must pay and how you must pay – We accept payment with PayPal. You must pay for the products before we dispatch them.

VOUCHERS AND PROMOTIONAL CODES

Vouchers codes and promotional codes can only be used once and not in conjunction with other offers. Voucher codes and promotional codes must be entered during the checkout process online or quoted when ordering by phone or email for the promotion to be applied. Voucher codes and promotional codes cannot be redeemed on complete or back orders. Specific terms and conditions will apply to each voucher/promotional code and they will usually only be valid for set periods. These terms should be available where you found the code, please read them carefully. If you have any problems with or questions about a voucher/promotional code please contact us

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS CUSTOMER

Matters we do not exclude or limit our liability for. Nothing in these terms shall limit or exclude our liability for:

• Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
• Fraud or fraudulent misrepresentation;
• Breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
• Defective products under the Consumer Protection Act 1987; or
• Any matter in respect of which it would be unlawful for us to exclude or restrict liability.

Implied terms are excluded. Except to the extent expressly stated above all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded. Subject to the matters we do not exclude or limit our liability for:

• We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
• Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract

OTHER IMPORTANT TERMS

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation as long as, if you are a consumer, your rights under the contract are unaffected. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. Disputes. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with a product, our service or any other matter please contact us as soon as possible Which laws apply to this contract and where you may bring legal proceedings . These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you are a consumer and you live in Scotland or Northern Ireland you can also bring legal proceedings in respect of the products in either in the English courts or those were you live (so the Scottish or Northern Irish courts depending on where you live). If you are a business customer the jurisdiction of the courts of England is exclusive.