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BERGER TOOLS LTD

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Berger Tools Terms Conditions small print use sale privacy policy data protection

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.


TERMS AND CONDITIONS OF USE

This site is owned and operated by Berger Tools Ltd. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at sales@berger-tools.co.uk.

1 Ownership of rights

All rights and contents, including copyright, in this website are owned by or licensed to Berger Tools Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

2 Accuracy of content

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.

3 Damage to your computer

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

4 Liability

We, Berger Tools Ltd, are not liable for any content or opinions reflected in any third party website. If you are directed away from our site it is your responsibility to obtain the terms and conditions of use for that site.

5 Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address sales@berger-tools.co.uk and all notices from us to you will be displayed on our website from to time.

6 Changes to legal notices

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

7 Law, jurisdiction and language

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

8 Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

9 Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

10 Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

Privacy Policy

Effective 2007

Privacy Notice Table Of Contents:

Our Commitment To Privacy

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our website.

The Information We Collect

This notice applies to all information collected or submitted on the Berger Tools Ltd website. On some pages, make requests, and register to receive materials. The types of personal information collected at these pages are:

The Way We Use Information

We use the information you provide about yourself when placing an order or submitting an enquiry only to complete that order/enquiry. We do not share this information with outside parties except to the extent necessary to complete that order/enquiry.

We use the information you provide about someone else when placing an order or submitting an enquiry only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order/enquiry.

We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

We use non-identifying and aggregate information to better design our website and to share with advertisers. For example we may disclose the number of individuals that visited a certain area on our website, but we would not disclose anything that could be used to identify those individuals.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

Our Commitment To Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

How You Can Access Or Correct Your Information

You can access all your personally identifiable information that we collect online and maintain by contacting our office via email at sales@berger-tools.co.uk subject "request my details". On recept of your request your information will be sent to you. We use this procedure to better safeguard your information.

You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.

To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

How To Contact Us

Should you have other questions or concerns about these privacy policies, please call us at 44 (0) 1732 763377 or send us an email sales@berger-tools.co.uk

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 Berger Tools 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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