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Terms and Conditions

1. This Agreement
1.1 These terms and conditions form a legally binding agreement between you ("you" or "your") and Cannon Tools Ltd ("we", "us", and "our"), that governs your use of the website at www.cannontools.co.uk (the "Site") and the supply of goods by us to you. These terms and conditions shall take precedence over any conflicting terms and conditions contained or referred to in any communication of yours.
1.2 By creating an account and/or using the Site, you confirm that you have read these terms and conditions and our privacy policy and agree to comply with them and with any variations made from time to time by us. You will be asked to confirm that you have read and accepted these terms and conditions, including any changes, each time you place an order.
1.3 Please note that Cannon Tools Ltd is a wholesale business selling only to other businesses, and does not supply goods to consumers. If you are a consumer, you may not purchase goods from us.
 
2. Your Account
2.1 In order to purchase goods via this Site you must be (a) a business which is engaged in retailing of products of the type offered on our Site, and (b) registered with us.
2.2 You may apply to be registered with us via the Site, but your registration will not be complete until we have sent you an email confirmation. We may carry out checks with registered credit reference agencies and fraud prevention agencies using the information you supply, and those agencies may keep a record of that information. By applying to register with us, you indicate your consent to such checks being made. We reserve the right to reject applications for registration without giving a reason.
2.3 You warrant that the details you supply to us are correct, that the credit or debit card registered belongs to you and that the corresponding account contains sufficient funds or credit to cover the cost of the goods you order.
2.4 Upon receipt of the confirmation email, you may purchase goods from the Site. You are responsible for all activity carried out using your registration details, whether or not you have allowed or facilitated it. If you discover or suspect that your registration details are known by a third party or are being used without authorisation, or if your personal details change, you must inform us immediately using the email address at the bottom of this page.
2.5
You agree not to:
- impersonate any other person;
- use the Site in any way which does, or is intended to, cause annoyance, inconvenience or worry or which is fraudulent or defamatory or contains or breaches any person's confidence, privacy, intellectual property rights or any other right or is otherwise unlawful or which in our reasonable opinion brings our name into disrepute; or
- do or cause to be done anything which intentionally causes damage or disruption to the Site or which damages, or may damage, our brand and/or its reputation.
2.6
We reserve the right to terminate this agreement and prevent your accessing the Site (whether temporarily or permanently) without notice if:
- you breach these terms and conditions materially or repeatedly
- we suspect you have been or are likely to be involved in any fraudulent or illegal activity or any activity which would breach these terms and conditions.
 
3. Prices, Ordering, Payment and Delivery
3.1 We try to ensure that product details displayed on the Site are correct and up-to-date. However, any error or omission in any information on the Site, or in any electronic communication, sales information, quote, price list, invoice or other document issued by us shall be subject to correction without any liability on our part. Images of products on the Site are intended only as a guide and the actual product may differ in some respects. All weights and dimensions given are approximate.
3.2 Orders are subject to a minimum value of £500.00 plus Vat, excluding delivery charges. Orders are also subject to availability and any order placed by you shall not be binding upon us until we have received payment in full and confirmed such receipt by email to you. We accept all major credit cards but card payments may be subject to a surcharge. You will be informed of any such applicable surcharge in advance of payment.
3.3 Prices and quotations are exclusive of VAT and shall not constitute a binding offer from us. If we discover an error in the price of goods you have ordered, we will inform you as soon as practicable and give you the option of purchasing the goods at the correct price or cancelling the order. If you wish to cancel and you have already paid, we will refund you.
3.4 Goods will be delivered to the address registered to the credit card/to your user account.
3.5 We will endeavour to deliver the goods as soon as possible after confirmation of your order. However, we accept no responsibility for loss or damage caused by any delay in delivering the goods. We will try to keep you informed in the event of any delay.
 
4. Returns
4.1 Before returning goods to us for any reason you must obtain a returns number by emailing sales@cannontools.co.uk/telephoning 0121 561 6760. The returns number must be quoted on all documentation relating to the return. Any goods correctly supplied but returned will incur a handling or restocking charge.
4.2 You will be responsible for the goods until they are returned to us and you should ensure they are properly packed and labelled. Delivery charges are non-refundable.
4.3 On receipt of the appropriate written notice and return of goods, we will assess their condition and raise credit notes accordingly. Buyers debit notes shall not be accepted. Any faulty goods shall be repaired or replaced at your expense, except that where the fault is caused by normal wear and tear or where the goods are damaged by misuse, mishandling etc or repairs or alterations other than by the company or its agents, we shall have no responsibility to do anything.
4.4 We cannot accept return of certain goods for safety reasons. If in doubt, you should consult our sales/customer service team in advance of returning any goods.
4.5 If a fault develops in goods sold by us in respect of which a warranty applies, you may contact us and we will advise you where to send it. A delivery charge may apply.
 
5. Liability
5.1 Our liability for matters in relation to which liability by law cannot be excluded or limited shall not be excluded or limited and the rest of this clause 5 shall be subject to this proviso.
5.2 Goods supplied by us are not tested or sold as fit for any particular purpose and any term, warranty or condition express or implied or statutory to the contrary is excluded. Our maximum aggregate liability in contract, tort, negligence or otherwise arising out of, or in connection with these terms and conditions will be limited to the value of the order giving rise to the liability, or, if there is no such order, to the value of orders placed by you in the three month period preceding the event giving rise to liability.
5.3 We shall not be liable for any loss of business, loss of revenue or profits, loss of goodwill, lost opportunity, or any indirect, special, exemplary, consequential, incidental or punitive loss or damage whatsoever, even if advised of the possibility of such damages.
5.4 We do not warrant that the Site or the server that makes it available is error or virus free or free of other harmful components or that your use of the Site will be uninterrupted. We accept no liability for any inaccuracies on the Site, or for any decisions taken in reliance on information on the Site. We exclude to the fullest extent permitted by applicable law all liability for any loss, claim, expenses or damages whatsoever directly or indirectly arising out of the use or inability to use the Site.
5.5 Notice of any claim arising out or in connection with this contract must be given in writing within seven days from the date when the goods are delivered failing which all claims shall be deemed to be waived and absolutely barred. In any event, we shall have no liability for shortage or damage unless you inform the carrier in writing (otherwise than upon consignment note or delivery document) within three days of delivery.
5.6 You will indemnify us and keep us indemnified against all costs, (including without limitation legal costs), expenses, damages, losses or claims directly or indirectly arising out of any breach of these terms and conditions by you.
 
6. Force Majeure
We shall not be liable for any breach of these terms and conditions which is a result of circumstances beyond our reasonable control, including without limitation war, insurrection, riot, civil unrest, sabotage, boycott, embargo, explosion, fire, earthquake, flood, unavoidable accident, epidemic, act of God, action or inaction of any governmental official or agency (civil or military) and refusal of any licences or permits, if properly applied for.
 
7. Intellectual Property
The Site and its contents and information, and any intellectual property belonging to us or associated with the Site, including without limitation any trade mark or trade name, logos and software, is and remains at all times our property and/or is used under licence from our suppliers and is protected by copyright, database rights and other intellectual property rights and you agree that you will not infringe any such rights in any way.
 
8. General
8.1 Entire agreement: This agreement, together with the Privacy Policy forms the complete and exclusive statement of the agreement between us and you in relation to your use of the Site and our supply of goods to you. They supersede any proposal or prior agreement, oral or written, and any other communications between us and you relating to their subject matter.
8.2 Variations: Any terms purporting to vary this agreement in any order, or other written or electronic communication from you, are ineffective unless specifically accepted as a variation to this agreement by us in writing.
8.3 Third party links: You may from time to time be provided with links to other websites through use of the Site. These links are provided as a convenience and these sites are not controlled by us in any way and we are not responsible for the content, accuracy, completeness, legality or any other aspect of these other sites including any content provided on them. You access such websites at your own risk.
8.4 Assignment: You may not transfer, assign or otherwise dispose of its interest in this agreement without our prior written consent.
8.5 Rights of Third Parties: Nothing in the Contracts (Rights of Third Parties) Act 1999 shall operate to give any third party the right to enforce any term of this contract.
8.6 Severability: If any provision in this agreement is deemed to be illegal, unenforceable or invalid for any reason, it shall be deemed to have been struck out and the remaining provisions shall survive and continue to be binding and enforceable.
8.7 No waiver: Any failure by us to enforce any provision of this agreement at any time shall not be construed as a waiver of such provision and shall not affect our right to enforce such provision.
8.8 Jurisdiction: The construction, validity and performance of this agreement shall be governed by the law of England and Wales, and both parties submit to the exclusive jurisdiction of the English Courts.
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