This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website www.diamondindustrial.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site.
You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions and the Customer Help section. You should print a copy of these terms and conditions for future reference.
1. Information about Us
1.1 www.diamondindustrial.co.uk is a site operated by Diamond Industrial Supply Company Limited (we). We are registered in Scotland under company number SC239084 and with our registered office at 4 Brown Street, Camelon, Falkirk, FK1 4QF. Our main trading address is 4 Brown Street, Camelon, Falkirk, FK1 4QF.Our VAT number is GB 942 8010 39.
2. Your Status
2.1 By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old;
3. How the Contract Is Formed Between You and Us
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Despatch Confirmation). The contract between us (Contract) will only be formed when we send you the Despatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Despatch Confirmation.
4. Consumer Rights
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
4.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.
4.3 You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5. Availability and Delivery
5.1 It is our aim to deliver Products within 3 working days for delivery in the UK, 5 working days for delivery in Europe and 10 working days for delivery in the rest of the world calculated from receipt of funds and assuming that the Products you have ordered are available in our warehouse to despatch to you. These time periods however are estimates only and deliveries beyond this date will not be grounds to cancel your order unless we fail to deliver the Products to you within a reasonable time or as a consumer you exercise your right to cancel in accordance with condition 4 above.
5.2 Whilst we cannot guarantee delivery within the time periods specified at condition 5.1, if you have not received your Products after this period has expired, please contact us by sending an email to firstname.lastname@example.org with your order number to hand. We will advise you of the present position and endeavour to ensure you receive the Products as soon as is reasonably possible.
5.3 Be advised that if you are trading with us as a consumer, we have a statutory obligation to deliver Products to you within a maximum period of 30 days of the date of the order acknowledgement after which you have the right to cancel your order and receive a full refund of the purchase price.
5.4 The quantity of any Products as recorded by us on despatch from our premises shall be conclusive evidence of the quantity received by you on delivery unless conclusive evidence to the contrary can be provided to us. For the avoidance of doubt, any signature given to any courier by any person other than yourself at the delivery address confirming receipt of the Products shall not be deemed conclusive proof of non - delivery.
6. Risk and Title
6.1 The Products will be at your risk from the time of delivery. 6.2 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.
7. Price and Payment
7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 These prices exclude VAT and delivery costs, which will be added to the total amount due. We reserve the right to apply a delivery charge or increase in the delivery charge for exceptional orders. By exceptional orders we mean bulk orders for items that result in a weight increase that would not be sent in a box normally around 20kgs in weight. We would notify you of this charge before dispatching your order.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.1 Payment for all Products can be made by credit or debit card. We accept payment by Delta, Maestro, MasterCard or Visa.
8.2 On receipt of your order we will automatically deduct the cost of the Products together with delivery charges from your card within 24 hours of receiving your order.
8.3 Where necessary pursuant to these terms and conditions, we are also able to cancel or refund individual items of your order should this become necessary in order to comply with our obligations to you.
8.4 You may also order products on our website and pay for them by cheque. In such circumstances your order will be placed on "hold" until we receive your cheque and have obtained cleared funds to our bank account. Once received we will then send to you an order acknowledgement and proceed to make arrangements for delivery.
9. Our Refunds Policy
9.1 When you return a Product to us:
(a) Because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you have notified us in accordance with paragraph 18.2 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of any refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. The cost incurred by you for return is limited to £6. In any event you should contact us for authorisation before returning ANY goods.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. Our Liability
10.1 As we do not manufacture any of the Products on our website, we will endeavour to transfer to you the benefit of any warranty or guarantee given to us by our suppliers.
10.2 We warrant to you that any Product (save for "Spare Parts" as advertised on our website) purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied for a period of 12 months. For the sake of certainty we do not provide any warranty or guarantee in relation to Spare Parts.
10.3 Our general liability for losses you suffer as a result of us breaking this agreement in any way is strictly limited to the purchase price of the Product you purchased and any losses which are a reasonably foreseeable consequence of us breaking the terms of this agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order was accepted by us.
10.4 This does not include or limit in any way our liability: (a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage whether or not foreseeable by you and us, including but not limited to:
(a) Loss of income or revenue
(b) Loss of business
(c) Loss of profits or contracts
(d) Loss of anticipated savings
(e) Loss of data, or
(f) 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 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause or clause or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 10.4.
11. Import Duty
11.1 If you order Products from our site for delivery outside England, Wales, Scotland and N Ireland, they may be subject to import duties and taxes when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
12. Written Communications
12.1 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 requirement that such communications be in writing. This condition does not affect your statutory rights.
13.1 All notices given by you to us must be given in writing to Diamond Industrial Supply Company Limited, 4 Brown Street, Camelon, Falkirk, FK1 4QF or email@example.com . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 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.
14. Transfer of Rights and Obligations
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 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.
14.3 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.
15. Events Outside Our Control
15.1 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).
15.2 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:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks. (f) The acts, decrees, legislation, regulations or restrictions of any government.
15.3 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.
16.1 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.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 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 clause 12.
17.1 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 severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire Agreement
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
19. Our Right to Vary These Terms and Conditions
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change 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 Despatch 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 Products).
20. Law and Jurisdiction
20.1 Contracts for the purchase of Products through our site will be governed by Scottish law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Scotland.