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BERGER TOOLS LTD

All the small print...

Terms and Conditions

These terms and conditions form the basis on which you can visit us (Berger Tools Ltd) and our website (Berger Tools Ltd website). Please read them carefully as they contain important information. If at any stage you do not agree then you must cease using the website.

Berger Tools Ltd is a limited liability company incorporated in England and Wales under company number  03058050, of Units B1-B2 Chaucer Business Park, Watery Lane, Kemsing, Kent TN15 6QY (email: sales@berger-tools.co.uk) with VAT Number GB 624 9033 48. Berger Tools Limited is referred to within this website as “The Company”, "we" "us" or "our".

 Terms of website use

This term of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website berger-tools.co.uk (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

If you purchase goods from our site, our Terms and conditions of supply [INSERT AS LINK TO TERMS AND CONDITIONS OF SUPPLY] will apply to the sales.

Information about us

www.berger-tools.co.uk is a site operated by Berger Tools Ltd ("We"). We are registered in England and Wales under company number 03058050 and have our registered office & trading address at Units B1+B2 Chaucer Business Park, Watery Lane, Kemsing, Kent TN15 6QY. Our VAT number is GB 624 9033 48.

We are a limited company.

Changes to these terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at privacy@berger-tools.co.uk .

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

If you are a business user, please note that in particular, we will not be liable for:

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply [INSERT AS LINK TO TERMS AND CONDITIONS OF SUPPLY].

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to contact other users of our site, you must comply with the content standards set out in our Acceptable Use Policy [INSERT AS LINK TO ACCEPTABLE USE POLICY].

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. [If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.]

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of the Site] a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy [INSERT AS LINK TO ACCEPTABLE USE POLICY].

The views expressed by other users on our site do not represent our views or values.

You are solely responsible for securing and backing up your content.

Rights you licence

When you upload or post content to our site, you grant the following licenses:

We will only ever use your materials to carry out your instructions to us – unless, very exceptionally, a court or other regulator orders us to disclose them.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy [INSERT AS LINK TO ACCEPTABLE USE POLICY].

If you wish to make any use of content on our site other than that set out above, please contact [INSERT EMAIL ADDRESS].

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact us

To contact us, please email [INSERT EMAIL ADDRESS].

Thank you for visiting our site.

Privacy Notice 

*Throughout this document you must insert information where you see square brackets [].

**Further guidance from the ICO may also affect the content of our Privacy Notices, please check back regularly for updates to this document.

***This document must be read in conjunction with the Guidance notes on completing the Data Privacy Notice For Websites.

This is privacy notice of Berger Tools Ltd.

We respect your privacy and are determined to protect your personal data. The purpose of this privacy notice is to inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from). We’ll also tell you about your privacy rights and how the data protection law protects you.

This privacy notice is provided in a layered format so you can click through to the specific areas set out below. [Alternatively you can download a pdf version of the policy here [INSERT LINK]].

1. WHO WE ARE AND IMPORTANT INFORMATION

2. THE PERSONAL DATA WE COLLECT ABOUT YOU

3. HOW WE COLLECT YOUR PERSONAL DATA

4. HOW WE USE YOUR PERSONAL DATA

5. WHO WE SHARE YOUR PERSONAL DATA WITH

6. INTERNATIONAL TRANSFERS

7. DATA SECURITY

8. DATA RETENTION

9. YOUR LEGAL RIGHTS

10. Changes to this notice and your duty to inform us of changes

11. QUERIES, REQUESTS OR CONCERNS

1. WHO WE ARE AND IMPORTANT INFORMATION 

What is the purpose of this privacy notice?

This privacy notice aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website when you register for an account, sign up to our newsletters or purchase a product.

This website is not intended for children and we do not knowingly collect data relating to children.

You must read this privacy notice together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Data controller(s)

Berger Tools Ltd is the controller and responsible for your personal data (collectively referred to as, “Berger Tools”, "we", "us" or "our" in this privacy notice). Our contact details are units B1+B2 Chaucer Business Park, Watery Lane, Kemsing, Kent, TN15 6QY, sales@berger-tools.co.uk, +44 (0) 1732 763377. For all data matters contact our data representative on +44 (0) 1732 763377, email

 Berger Tools is the controller and responsible for this website.

Third-party links outside of our control

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements.

When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. THE PERSONAL DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. You can find out more about personal data from the Information Commissioners Office.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together:

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website page/ feature. However, if we combine or connect aggregated data with your personal data so that it can be directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect your personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. HOW WE COLLECT YOUR PERSONAL DATA

We use different methods to collect data from and about you including through:

 

 

 

(a) Analytics providers such as Google based outside the EU;

(b) Search information providers such as Google based outside the EU.

 

 

 

 

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

 

 

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use your personal data, with the legal bases we rely on to do so.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact Thomas Wheeler (Data Representative) privacy@berger-tools.co.uk if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new customer

(a) Identity

(b) Contact

Performance of a contract with you

To process and deliver your order/ enquiry including:

 

(a) Manage payments, fees and charges

 

(b) Collect and recover money owed to us

(a) Identity

 

(b) Contact

 

(c) Financial

 

(d) Transaction

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

 

(a) Notifying you about changes to our terms or privacy policy

 

(b) Asking you to leave a review or take a survey

(a) Identity

 

(b) Contact

 

(c) Profile

 

(d) Marketing and Communications

(a) Performance of a contract with you

 

(b) Necessary to comply with a legal obligation

 

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

 

(b) Contact

 

(c) Technical

(a) Necessary for our legitimate interests (for running our business,

provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

 

(b) Necessary to comply with a legal obligation

 

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

 

(a) Identity

 

(b) Contact

 

(c) Profile

 

(d) Usage

 

(e) Marketing and Communications

 

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

 

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

 

(a) Technical

 

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

 

To make suggestions and recommendations to you about goods or services including new products that may be of interest to you

 

(a) Identity

 

(b) Contact

 

(c) Technical

 

(d) Usage

 

(e) Profile

Necessary for our legitimate interests (to develop our products/services and grow our business)

 

 

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

We have established the following personal data control mechanisms:

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside the group of companies for marketing purposes.

Opting out

You can ask us at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product purchase, registration or other transaction.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see [LINK TO YOUR COOKIE POLICY.]

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact our data representative Thomas Wheeler privacy@berger-tools.co.uk.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. WHO WE SHARE YOUR PERSONAL DATA WITH

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. INTERNATIONAL TRANSFERS

We may share your data with third parties who are based within the European Economic Area (EEA)

Whenever we transfer your personal data outside the European Economic Area (EEA), we ensure a similar degree of protection is afforded to it by implementing safeguards

Please contact us [LINK TO CONTACT PAGE] if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. DATA RETENTION

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers including contact, identity, financial and transaction data for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see Your legal rights below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. YOUR LEGAL RIGHTS

Unless subject to an exemption under the data protection laws, you have the following rights with respect to your personal data:

If you wish to exercise any of the rights set out above, please contact Thomas Wheeler (Data Representative) privacy@berger-tools.co.uk

No fee required – with some exceptions

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable admin fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. Changes to this notice and your duty to inform us of changes

This version was last updated on 21.08.18 and historic versions are archived here [LINK].

Please keep us informed if your personal data changes during your relationship with us. It is important that the personal data we hold about you is accurate and current.

11. Queries, requests or concerns

To exercise all relevant rights, queries or complaints in relation to this policy or any other data protection matter between you and us, please in the first instance contact our Data Representative, Thomas Wheeler privacy@berger-tools.co.uk +44 (0) 1732 763377.

If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England, UK.

 Website acceptable use policy 

 

This acceptable use policy sets out the terms between you and us under which you may access our website berger-tools.co.uk (our site). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use [INSERT AS LINK TO SITE'S TERMS OF USE].

berger-tools.co.uk is a site operated by Berger Tools Ltd (we or us).  We are registered in England and Wales under company number 03058050 and we have our registered office at & trading address at Units B1+B2 Chaucer Business Park, Watery Lane, Kemsing, Kent TN15 6QY. Our VAT number is GB 624 9033 48.

We are a limited company.

Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

You also agree:

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

Contributions must not:

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate. 

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use [INSERT AS LINK TO TERMS OF USE] upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

COOKIE POLICY

Information about our use of cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. [By continuing to browse the site, you are agreeing to our use of cookies.]

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

We use the following cookies:

[Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies]

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

Except for essential cookies, all cookies will expire after 14 days.

 

TERMS AND CONDITIONS OF SALE

Order Acceptance

 

All orders are subject to written acceptance by Berger Tools Limited ('the Company') and shall be deemed to incorporate these terms and conditions of sale.
No Variations or additions shall form any part of any terms and conditions of sale unless expressly accepted on behalf of the company by an employee authorised to do so, with any such acceptance being in writing.
With respect to small, low value orders, it is the policy of the company to apply an order handling charge.
Goods are offered for sale subject to their availability and their being unsold at the time of order acceptance.

Quotations

Quotations prepared and issued by the Company remain valid for a period of 30 days.

Prices

Prices are in pounds sterling and value added tax is payable on all invoices at the rate prevailing at the time of invoice.
The Company reserves the right to alter or amend prices as and when necessary and without prior notice.
Quoted prices are ex works prices to which carriage plus VAT is added at prevailing rate and depending on method of transport specified.
With schedule style orders (orders calling for delivery spread over a period of time) phased over a maximum of twelve months, the Company reserves the right to invoice goods provided in each consignment at prices prevailing at the actual dispatch date of each consignment.

Payment

The Purchaser shall not withhold payment in whole or in part as a result of any disputes with the Company.
Where goods ordered by the Purchaser do not form part of the standard range of products normally offered by the Company or are to be manufactured, processed or adapted to meet the special needs of the Purchaser, the Company reserves the right to require payment of up to 50 per cent of the total price prior to commencement of manufacture. The balance of payment to be made in accordance with the Company's standard terms and conditions of sale.
Payment shall be made by the Purchaser in the currency specified in these terms. Unless otherwise stated and agreed with the Company, payment shall be made 30 days from the date of the Company's invoice.
The Company reserves the right, without the need to give notice, to charge the Purchaser interest on any amount outstanding at a rate of 1.5 per cent per calendar month or part thereof. The Company reserves the right to suspend any or all deliveries until the account is brought up to date and any amounts outstanding paid in full.
Where carriage and packaging or others charges may be shown separately on the invoice, they are payable in full by the Purchaser as they form part of the overall price and shall be treated as such.

References

The Purchaser undertakes to provide the Company with bankers and trade references (normally two) and other references as may be required.

Dispatch and Delivery

Any dispatch or delivery date specified by the Company to the Purchaser is given in good faith and, while the Company will endeavour to meet or even better the stated date, the Company accepts no liability for any direct or consequential loss or damage arising from any delay in dispatch or delivery.
Goods dispatched by the Company are deemed to have been received by the Purchaser five days after the dispatch date, unless the Company receives written notification of non-delivery within 7 days of the invoice date.
The Purchaser shall not be entitled to reject any goods on the basis of short supply only.

*FREE standard UK delivery only applies to orders of £75 net or more and weighing a maximum 30kg. Standard delivery is to mainland UK addresses exckuding the Scottish Highlands and to a maximum delivery weight of 30kg. Customers outside the standard delivery regions or orders over the standard 30kg weight will receive £6.95 off their delivery charge when spending £75.00 or over. This promotion cannot be used in conjunction with any other delivery charge offer. This promotion is valid for online orders only. Offer may be withdrawn without notification. PLEASE NOTE: If an item is returned and brings the value of the order under £75 then a proportion of the postage cost will be charged.

Specifications

The Company endorses the need for continuous product development and therefore reserves the right to amend product specifications as and when necessary and without prior notice.
All specifications, descriptions and drawings of goods, including descriptions and illustrations shown in catalogues, price lists or other documents are intended for guidance purposes only and the company is not liable for their accuracy.

 

Cancellations & Returns 

In order to comply with the appropriate regulations the company adopts differing terms and conditions when referring to cancellations and returns for Business to Business (B2B) and Private Consumers.

Returns (B2B)

Returned goods will not be accepted by the Company unless prior written confirmation has been given and received by the Purchaser. Non-standard products or standard products modified to meet the Purchaser’s requirements are not returnable. The Company reserves the right to impose a cancellation charge of 15% of the value of any goods returned or the sum of 25 pounds sterling, whichever is the greater. The Purchaser is responsible for the cost of packaging, freight and insurance of any and all returned goods. Where the property in any of the goods returned to the Company has passed to the Purchaser, such goods shall, unless otherwise agreed in writing by the Company remain the property and at the risk of the Purchaser.

Cancellation (B2B)

Once a contract has been formulated between the Purchaser and the Company, the Purchaser will not be entitled to cancel the order wholly or in part without the express written agreement of the Company. The Company reserves the right to claim from the Purchaser compensation (but without limitation) in the event of the Company or their Principals having purchased specific raw materials especially for the purpose of the contract.

Defective Goods (B2B)

Products claimed to be defective or not conforming to the Purchaser’s order and accepted in writing by the Company as such must be returned. No claim in respect of defective products will be considered unless the alleged defective products are returned to the Company, at the Purchaser’s expense and within a period of 30 days from the date of despatch of the original consignment by the Company to the Purchaser. The Purchaser must allow the Company full rights of access and information to investigate any such claims, including inspection of any equipment on or in which the Company’s products have been used in connection with the claimed defect. Standard products claimed not to conform to the Purchaser’s orders should be returned in good condition in accordance with these terms. Written confirmation stating why the products have been returned must accompany the returned goods. At the discretion of the Company such products will be replaced with those conforming to the Purchaser’s original order if the error is found to be that of the Company.

Cancellation & Returns (Private Consumers)

Under the laws set out by the Consumer Rights Act 2015 the following applies. 

Standard purchases have a 14 day cooling off period. In this time the Purchaser may cancel their order, as long as they exercise their right to do so within the 14 days from which they receive their goods. 

Returned goods will not be accepted by the Company unless the Purchaser informs the Company of their decision to cancel their contract by a clear statement, including details of their name, geographical address, details of their order they wish to cancel and, where available, their phone number and email address.  

If the Purchaser receives standard goods that are defective, faulty or are in any way breaching the Consumer Rights Act 2015 then they must allow if needed, the Company full rights of access and information to investigate any such claims, including inspection of any equipment on or in which the Company products have been used in connection with the claimed defect. If the defect is found to be the fault of the Company a full refund including return postage* will be given as long as the Purchaser acknowledges their wish to do so within 30 days of receiving the product/s.  

If, however, the Purchaser has simply changed their minds regarding their purchase, then the return postage costs to the Company are the responsibility of the Purchaser. A refund for the product/s will only be given when the goods arrive back safely and in their original condition. 

If the Purchaser wishes to return their products via collection by one of our UK representatives/ our courier collection service, then they should call the Company's customer service line on 01732 763377. 

These terms do not apply to non-standard products or products modified to meet the Purchaser's requirements which can only be returned by the discretion of the Company. 

*note - if returning by post, the postage cost will initially have to be paid by the Purchaser, if a refund is given the Company will reimburse the cost of a basic return carriage up to the original cost of sending the goods.

Shortages, Damage and/or Loss in Transit

No claim for non-delivery of the whole or part of an order nor for damage in transit or shortage in delivery will be considered unless the Purchaser provides the Company and the Carrier concerned with written notice of the deficiencies within 3 days of the receipt of the products, or in the case of non-delivery within 7 days of invoice date.

Force Majeure

The Company shall be entitled to terminate, cancel, rescind and/or suspend and/or reduce the quantities to be supplied under any contract or order without liability for loss or damage resulting there from if the performance of its obligations under the contract or order is in any way adversely affected by any war, strike, lock-out, trade dispute, flood, severe or adverse weather conditions, accident to plant or machinery, shortage of any material or labour or any other cause whatsoever beyond the Company's reasonable control.

Title of Goods and Insurance

Notwithstanding delivery of the goods or any document representing them, the Company reserves the right of disposal of each item of the products and the property therein shall not pass to the Purchaser until full payment is received by the Company for all such products plus any default interest.
Until such date, the Purchaser shall keep the goods for the Purchaser in the capacity of fiduciary owner and shall automatically store the goods in such a way that they can be recognised as such.
The Purchaser shall insure the goods in their own name and will hold any payments payable under such insurance policy upon trust to the Company.

Warranty

The Company warrants that the goods supplied are free from defects in material and workmanship.
The Company's liability is limited to the replacement or repair at the Company's discretion of any defective goods, providing that they have in no way been modified, abused or used for any purpose for which they were not designed.
The Purchaser must advise the company of any defect within a period of 30 days.

English Law

This contract shall be governed by English law.

Clerical Errors

Typing and clerical errors and omissions are subject to corrections.

Headings

The headings used throughout are for convenience only and shall not affect the construction thereof.

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