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These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the toolsource.ie website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and this Website operator ("Operator", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
By placing an order through our site, you warrant that: You are legally capable of entering into binding contracts; and you are 18 years of age or over; and that you accept our Terms and Conditions as set out herein.
Visa Credit, Visa Debit, Visa Credit, MasterCard, PayPal, Digital Wallets & Shopify appointed 3 rd party payments.
When you order goods from our website the cost of delivery will be calculated automatically. Our aim is to keep all products in stock at our warehouse or at our suppliers for fast delivery. ToolSource endeavour to dispatch orders within 24 hours. In some case, where stock is held at our suppliers, shipping may take an extra 2-3 working days. As soon as orders are dispatched you will receive an email or sms (depending on your preferred method of communication) stating that your goods are out for delivery. Please allow up to 7 working days for delivery, if you have not received delivery by this point we ask that you contact us at info@toolsource.ie
We aim to keep in stock, or available, all items that we advertise for sale, however there can be occasions where this is not the case, which could be as a result of production difficulties, unexpected demand or other reason. In the event that a product is unavailable for whatever reason, we will contact you to ask you whether you would like us to supply a suitable alternative product or give an estimated deliver date for the ordered item. We will not supply you with an alternative product unless we receive instruction from you that you wish us to do so. If you opt not to purchase an alternative product, we will refund the full value of the product and any applicable carriage charges.
All prices quoted are shown as both inclusive and exclusive of VAT. The only possible additional charge above the price quoted for the item is a carriage charge. The VAT element of each purchase is clearly detailed on the invoice that will be provided to you. 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. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one euro or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You may, if you wish, cancel an unopened order for any reason within 7 working days starting on the day after you receive the goods. To do this you will need to notify us by writing specifying the order number of the order to be cancelled. If you do this we will ask you to pay the cost of returning the goods to us unless otherwise agreed, apart from this, the whole of your money will be returned to you within 30 days of such cancellation.
We at Tool Source aim to provide you with as much information as we can about each product so that you can make an informed purchasing decision. All tools come with a manufacturer’s warranty. Most of our product pages have a link to the warranty procedure for that manufacturer and we encourage you to follow the instructions on these pages which will normally direct you to the manufacturers helpline. This is normally the fastest way of getting your warranty problem resolved.
If you have received the incorrect item or you are missing items from your order, please inform us within 24 hours of receipt by emailing us to info@toolsource.ie or the returns section for those that checked out as guests here.
Under guidelines set to us by manufacturers we will advise you of the nearest repair agent which is free of charge under your manufacturer’s warranty – please remember to register your item on the manufacturer’s website for the additional 2 years warranty. Please also see our warranty section on the website for further information. We do not accept returns of damaged or faulty items regardless of timescale. These will always need to be taken to an authorised repair agent or the manufacturer. Power Tool products designed for professional use are not subject to the terms of consumer rights.
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 requirements that such communications should be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Tool Source, Castlemaine, Co, Kerry, Ireland. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any other of the ways specified in the previous paragraph under the heading 'Written communications'. 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 email was sent to the specified e-mail address of the addressee.
The contract between you and us is binding on you and us and on our respective successors and assigns. 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. 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.
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. 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 Strikes, lock-outs or other industrial action Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster communicated to you in writing in accordance with these terms and conditions. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. Impossibility of the use of public or private telecommunications networks. The acts, decrees, legislation, regulations or restrictions of any government. 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.
You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Ireland without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Ireland. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Ireland, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services. This terms and conditions policy was created with the terms and conditions generator.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to info@toolsource.ie.
