Effective 1st July 2009

The following documents are all hereby incorporated into these Terms & Conditions of Sale:

• Pricing Policy [effective 1st July 2009]
• Delivery Policy [effective 1st July 2009]
• Cancellations & Returns Policy [effective 1st July 2009]

The brand “tool-net” and URL of “www.tool-net.co.uk” are the property of Internet Logistical Solutions Ltd and for purposes of this document will be referred to as “Us” or “the Company”. All aspects of tool-net trading is undertaken by Internet Logistical Solutions Ltd at the company's registered address or subsidiary sites and can be contacted via the 'Contact Us' page.

1. These Terms and Conditions of Sale come into effect as of [01/07/2009] and relate to all purchases of goods without exception, made on and after this date, superseding all previous versions.
2. Reservation of Title. For the purposes of this clause, the following definitions shall apply:-
1. "The Goods" means goods supplied by the Company to the customer.
2. "Full Payment" means the receipt by the Company of payment in full for the Goods to include all delivery charges.
3. "Delivery" means the delivery of the Goods to the customer or other person to whom the Company has been authorised by the customer to deliver the Goods whether expressly or by implication.
4. Until full payment title to the Goods shall remain with the Company which reserves the right to dispose of the Goods until full payment is made.
5. If full payment has not been made upon the commencement of an act or proceeding in which the customer's solvency or the solvency of any member of a group of companies to which a customer belongs is involved the Company may (without prejudice to any of its other rights) recover or resell the Goods or any part of the Goods.
6. The following sub-sections 6-9 are included for the benefit of our trade customers:
   The Directors or Principals of any customer which is a limited liability company involved in any act or proceeding in insolvency will be held personally liable both jointly and severally to guarantee and make good debts owed by the customer to the Company whether wrongful trading be proven or not. Such acts or proceedings are hereby deemed to be sufficient proof and evidence of insolvent or wrongful trading at the time of sale and adequate to compel a personal contribution to the debts owed in respect of those sales. Goods supplied for which payment has not been made are deemed therefore to have been personally ordered by and supplied to the Directors and Principals of such a company and they shall be required to make good any due and payable indebtedness notwithstanding any insolvency proceeding liquidation or to dissolution.
7. It is not commercially viable to individually identify each item sold with a serial number or other mark. Therefore until full payment the customer shall not mix or store the Goods with any other goods in his possession and shall take all reasonable steps to ensure that the Goods remain readily identifiable as the property of the Company. Where the property of the Company is not kept separately and in the case of a retention of title claim against a receiver or liquidator the Company shall not be required to prove that an item of merchandise still evident is directly attributable to a particular unpaid sales invoice but merely establish that by virtue of first in first out stock rotation any goods in evidence of the type which is unpaid for may be reasonable stated to be the Goods which are unpaid for and thus be said to be the property of the Company.
8. The Company's rights under this clause shall not be affected by any terms agreed in any contract or otherwise howsoever whereby the customer is granted credit with regard to the payment of the price of the Goods or is permitted by the Company to defer payment beyond the time granted for doing so, namely 30 days after the date of the invoice.
9. In the event that the “Goods” for which “Full Payment” has not been received, are sold or provided to a third party by way of trade or otherwise, tool-net.co.uk reserve the right to lay claim to or otherwise hold security over any funds payable by the third party in respect of those goods. The customer shall allow full access to any books and records which shall help establish the identity of such third party and means for securing and identifying such payments as relate to the “Goods” in question.
3. Account Customers. The Company may upon the provision of satisfactory trade bank and personal references grant business customers the facility of a credit account. In this case payment is due and shall be paid within 30 days of the issue of the invoice to the customer unless otherwise agreed in writing by the Company. Where a payment has not been made by the customer to the Company within the time specified the Company reserves the right to charge 3% over the HSBC base rate per annum from the date the invoice was issued until receipt of the monies outstanding. Any purchase contract overdue will render the entire account payable immediately. The Company reserves the right to look to the customer for full reimbursement of any legal bank or court fees and charges reasonably incurred in obtaining full payment for goods or in employing another party to obtain such payment.
4. The Company does not warrant that the Company's website is without errors defects or viruses but the Company takes all reasonable care to ensure that the site contains no errors defects or viruses.
5. When a Customer completes the on-line ordering process, this represents an offer to the company to purchase product(s) and/or service(s) which is acknowledged by sending an ‘Order Confirmation’ E-mail to the address supplied by the Customer. Acceptance will be deemed to be complete at the point of dispatch and when a ‘Dispatch Confirmation’ E-mail is returned to the customer’s E-mail account.
6. Every effort is taken to make www.tool-net.co.uk constantly available and free from transmission errors however owing to the nature of the internet and down-time for repairs, maintenance etc., this cannot be guaranteed. www.tool-net.co.uk cannot accept liability for inconvenience or losses sustained by the website not being available.
7. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
8. All content included on the www.tool-net.co.uk website, including but not limited to, text, graphics, logos, button icons, images and software, is the property of Internet Logistical Solutions Ltd, its affiliates or its content suppliers. The extraction, copying, using or processing of the contents of the website or databases without the company's written consent is strictly forbidden.
9. It is forbidden for "You" to cause damage, interrupt or impair the operation of the www.tool-net.co.uk website, company or its affiliates. "You" understand that "You" are solely responsible for all electronic communications and content sent from your computer to us and "You" must use the website for lawful purposes only. The website is not to be used for any criminal, unlawful or fraudulent purposes.
10. www.tool-net.co.uk reserve the right to make changes to our website, policies, and these Terms & Conditions of Sale at any time. "You" will be subject to the Terms & Conditions of Sale and other company policies in effect at the time that "You" use the website or that "You" tick the acceptance of Terms & Conditions box on the 'Checkout' screen. This excludes any such changes required to be made by law or government authority in which case changes will come into effect at the time specified by the law or authority in question.
11. www.tool-net.co.uk cannot be held responsible for any delay or breach of these conditions if the delay or breach arises from any cause which is beyond our reasonable control or can be considered an ‘Act of God’ or ‘Force Majeure’. Examples include but are not limited to: earthquakes, extreme weather, riots and civil unrest. This condition does not affect your statutory rights.
12. www.tool-net.co.uk reserves the right to cancel in part or in full any order at any time before the order is confirmed by the issuing of a dispatch confirmation E-mail. Should this happen www.tool-net.co.uk will notify the customer by E-mail, in writing or telephone before refunding the customer in full for each cancelled product plus any applicable carriage charges.
13. If any of these conditions or policies are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining terms, conditions or policies.

FRAUD PROTECTION

In an effort to prevent fraud affecting our customers, it is our policy to undertake a security measure before processing a customer's first order where the delivery address is different to the billing address. There are two methods, one of which must be satisfied:

a) We will send a security letter to the card BILLING address containing a unique reference number. Once this is received we simply ask the customer to confirm this reference number by phone on 01732 361618 (9am to 5pm Mon to Fri), by fax on 01732 360491 or by replying to our email. Please include our order number with all correspondence.

b) Alternatively a quicker method is to provide us with a copy of a recent statement for the card you wish to use. Of course we do not want or need to see any transactions but it is important that the statement shows the card registered address and the card number. This can be faxed to 01732 360491. Again please remember to include our order number.

Alternatively we can ship without these measures, directly to the card BILLING address. Please be assured this is a policy undertaken to make buying on the internet safer for everyone.