Terms And Conditions
These terms and conditions do not affect your statutory rights as a consumer. If any part of these conditions is invalid, illegal or unenforceable, no other part of these conditions will be affected.
In these conditions, unless the context requires otherwise: 1.1. “Buyer” means the person who buys or agrees to the buy the goods from the seller; 1.2. “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller; 1.3. “Delivery Date” means the dates specified by the Seller when the goods are to be delivered; 1.4. “Goods” means the articles which the buyer agrees to buy from the Seller; 1.5. “Price” means the price for the goods excluding carriage, packing, insurance and VAT where applicable; and 1.6. “Seller” means Capital Tools
2. Conditions Applicable
2.1. These Conditions shall apply to all contracts for the sale of goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document. 2.2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions. 2.3. Placing an order for Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions. 2.4. Any variations to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. 2.5. These terms and conditions apply to all supplies made by the Seller to the Buyer named on any instruction to purchase the Goods from our website, catalogue, shop, by post, telephone, in person or on line.
3. Price and Payment
3.1. The Price shall be the Seller’s quoted Price. The Price is shown both inclusive and exclusive of VAT which shall be due at the rate ruling on the date of the Seller’s invoice. 3.2. The Seller reserves its right to change and vary its stated Price. 3.3. To enable the Buyer’s order to be accepted, payment in full including any carriage charges must be received by the Seller. The Seller shall not be required to process the order until payment is made. 3.4 Anti Fraud Checks You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a fraud protection agency, which may keep a record of that information
4.1. The site is provided by the Seller on an “as is” and “as available” basis. The Seller makes no representations or warranties of any kind, expressed or implied as to the operation of the site or the information, content, materials or products included on this site. 4.2. If the Seller is out of stock of any of the products ordered, the Seller gives you the option to retain the goods on back order or to accept an alternative or to be refunded for the price paid within 30 days.
5. Warranties and Liability
5.1. The Seller warrants that the Goods supplied will at the time of delivery correspond with the description given by the Seller. All other warranties, conditions or terms relating to fitness for the purpose, quality or condition of the goods, whether expressed or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. 5.2. The Seller will not be liable for any damages of any kind arising from the use of this site including but not limited to direct, indirect, incidental, primitive and consequential damages. 5.3. The Seller attempts to be accurate as possible. However the Seller does not warrant that the product description or other content of the site is accurate, complete, reliable, current or error free. If a product offered by the Seller itself is not as described, your sole remedy is to return it in unused condition.
6. Delivery of the Goods
Delivery of the Goods shall be made to your address on the delivery date. The Goods may be delivered in advance of the delivery date on the giving of reasonable notice to you. You shall make arrangements to take delivery of the Goods whenever they are tendered for delivery.
7. Acceptance of the Goods
7.1. The Buyer will sign for the Goods on delivery or collection. 7.2. The Buyer shall be deemed to have accepted the Goods twenty four hours after delivery to the Buyer. 7.3. After acceptance the Buyer shall not be entitled to reject goods which were not in accordance with the contract.
8. Title and Risk
8.1. Title shall pass on delivery of the Goods. 8.2. Risk shall pass on delivery of the Goods.
9. Remedies of the Buyer
9.1. Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale. 9.2. Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods. 9.3. The Seller shall not be liable to the Buyer for late or short delivery of the Goods.
The Seller may cancel this contract at any time before the Goods are delivered by giving written notice. On giving such notice the Seller shall promptly repay to the Buyer any sums in respect of the price. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.
11. 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.
12. Electronic Communications
When you visit the Seller’s website or send e-mails to the Seller, you are communicating with the Seller electronically. You consent to receive communications from the Seller electronically. The Seller will communicate with you by e-mail or 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.
13. Licence and Site Access
The Seller grants you a limited licence to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with expressed written consent of the Seller. This licence does not include any resale or commercial use of this site or its contents; any collection or use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copies, sold, resold, visited or otherwise exploited for any commercial purpose without expressed written consent of the Seller. You may not frame or utilise framing techniques to enclose any trademark, logo or other propriety information (including images, text, pages layout or form) of the Seller and the Seller’s affiliates without expressed written consent. You may not use any meta tags or any other “hidden text“ utilising the Seller’s name or trademarks without the expressed written consent of the Seller. Any unauthorised use terminates the permission or licence granted by the Seller. You are granted a limited revocable and no exclusive right to create a hyperlink to the home page of the Seller so long as the link does not portray the Seller, its affiliates or the products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the Seller’s logo or propriety graphic or trademark as part of the link without expressed written permission.
14. Third Party Rights
A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Acts 1999 to enforce any term of this agreement. This does not affect any right of remedy of a third party which exists or is available apart from that Act.
15. Corporate Law of Contract
This contract is subject to the Law of New South Wales
16. Voucher & Promotional Codes (Promo Codes)
Voucher Codes and Promotional Codes (Promo Codes) can only be redeemed once against one transaction and within the advertised time period. The Voucher Code or Promotional Code (Promo Code) must be used during the checkout process online or quoted when ordering by phone for the promotion to be applied. Voucher Codes and Promotional Codes (Promo Codes) can not be redeemed on a complete or back orders. Free items will be added to orders which adhere to the advertised criteria. Capital Tools reserves the right to withdraw any promotion at any time.