PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
By placing an order through our site www.thornsdiy.com, you warrant that you are at least 18 years of age and are legally capable of entering into binding contracts. When you purchase items for sale on our site, you will have an opportunity to check and correct any input errors in your order up until the point at which you place the order on the checkout page.
All orders placed by you and purchases of goods by you from us, are subject to acceptance by us. We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances. Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases, if in the event that a product is unavailable for whatever reason, we will contact you using the details you have provided to us to ask you how you would like to proceed. We may process any part of the order which is available and whether you would like us to supply a suitable alternative product. 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 within 14 days.
All prices quoted are inclusive of the current applicable VAT rate unless otherwise stated. The only additional charge above the price quoted for the item is a carriage charge of £3.95 on orders with a total value under £30.00 and an optional additional charge for a next day delivery £9.99. Orders placed over £30.00 there is no carriage charge.
The VAT element of each purchase is clearly detailed on your Thorns receipt.
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.
On occasion, the prices of goods advertised on thornsdiy.com may differ from those prices at the same time in our shop. We are under no obligation to honour any in-store prices in the event that they differ from those on thornsdiy.com. Similarly, Thorns DIY are under no obligation to honour any thornsdiy.com prices in the event that they differ from those in our shop.
Prices that are reduced for sales and promotions are only valid for the specified period.
We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
The following cards are accepted as methods of payment - Visa Credit, Visa Debit, Visa Electron, Mastercard and American Express. All transactions are in pounds sterling. You confirm that the credit/debit card that is being used is yours and you are authorised to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
You can also pay by Paypal at the checkout. By using PayPal you confirm that the PayPal account being used is yours. All PayPal payments are subject to authorisation by PayPal. If the issuer of the card or PayPal refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you.
We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase or if PayPal charges you for making the order.
Before placing your order, please refer to the delivery options set out on our website. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. We strongly suggest that you do not schedule or commence any installation work until after you have received your order and checked all the goods are suitable for your purposes and do not have any defects or missing parts.
We aim to deliver the goods in accordance with your order usually within the stated delivery time (except in exceptional circumstances) but not more than 30 days after the day you place your order, unless otherwise agreed between you and us. We reserve the right to deliver an order in instalments by separate delivery shipments.
Thorns Delivery Charges in Mainland UK, including VAT are as follows;
NEXT WORKING DAY
Orders under £30.00
Orders over £30.00
We are happy to deliver outside Mainland UK but delivery costs will be quoted upon receipt of order.
The Delivery Charge for deliveries to Ireland will be a minimum of £15.00 including VAT but will be confirmed upon receipt of order.
In most cases the standard service on orders received prior to 2:00pm for delivery to addresses in Mainland UK is that the goods will be delivered within 3-5 working days.
To ensure a next day delivery to an address in Mainland UK you should select the next day option.
Most deliveries are done by Royal Mail, or our local courier. If you have any queries relating to the delivery of your order you can contact us on 01603 622891 or e-mail us.
RISK AND TITLE
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
CANCELLATIONS, RETURNS & REFUNDS
You may, if you wish, cancel your order for any reason within 14 days starting on the day after you receive the goods. To do this you will need to notify us either in writing, email email@example.com, fax: 01603 622952, specifying the order number of the order to be cancelled.
On cancellation for whatever reason, where you have received the goods you must return the goods to us (together with the original packaging) within 14 days after the day of the cancellation. You must return goods with all their original packaging and in a re-saleable condition. You will lose your right to cancel after the expiry of the 28 day period. (This does not affect your rights if there is any problem with the goods).
The whole of your money will be returned to you within 14 days of such cancellation after the day:
- You notified us to cancel your order, where you have not received the goods;or
- We receive the goods you returned to us, where you are in receipt of the goods;or
- You provide us with a proof of return for the goods, where you have returned the goods but we have not yet received them.
We will refund you using the same means of payment as you used to pay for your order or purchase. For Paypal purchases we will provide you with a refund.
We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use includes handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods
Where the goods are being returned because they are faulty or incorrect, we will meet the cost of return delivery but we ask that you allow us to nominate the carrier. Your right to return goods in these circumstances is not limited to the 28 day period.
Without prejudice to your right to cancel order, if you have notified us of a problem with the goods within 28 days of delivery or collection, you have a right to reject the goods and receive a full refund, or alternatively we are happy to provide a replacement.
If an item develops a fault after 28 days following delivery or collection, we may offer a repair or replacement of the item, or offer a price reduction or refund. If the product is to be repaired, and the manufacturer has provided a helpline, repair service or warranty, we may ask you to make contact with the manufacturer direct or we can do this on your behalf. If there is no such service or warranty with the product, in most instances we will either offer a repair or where this is not possible we will replace the item with the same or an equivalent model.
GUARANTEES AND MANUFACTURERS WARRANTIES
Thornsdiy.com take great care to ensure that all the products featured on this website are of a good quality. We provide a 1 year's guarantee (some exclusions do apply, please ask for details) on some products (excluding power tools), provided that they have been used, at all times, in the correct manner. However, in many cases, due to the exceptional quality of the products, the manufacturers will give much longer guarantees on their products.
As far as Power Tools are concerned Thornsdiy.com follows the manufacturer's policy, details of which will be included with the product.
If a product is faulty and under guarantee you should follow the procedures detailed below.
Some of our goods are sold with a manufacturer's warranty, guarantee or similar assurance (please see the relevant product description on our website for further details). Any complaint, query or claim under a manufacturer's warranty, guarantee or similar assurance must be made direct to the manufacturer and we do not have any responsibility or liability under or in connection with any such warranty, guarantee or assurance.
Any manufacturer's warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer.
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations for the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
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 RE Thorns & Co Ltd, 22 Exchange Street, Norwich NR2 1AT. 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 e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
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 other wise 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-contractor otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
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
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.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these terms and conditions.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these term sand conditions to be confirmed in writing.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or any other changes. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
CONTRACT INFORMATION AND GOVERNING LAW
A Contract is formed between you and Thorns only when you have received confirmation that your order has been dispatched and you are notified of the order number on the screen and by E-Mail.
For the avoidance of doubt the Contract will be deemed to have been concluded in the United Kingdom and shall be governed by and construed in accordance with English Law and you and Thorns will agree to submit to the non-exclusive jurisdiction of the English Courts.
The contract between you and us will be conducted in English.
All of the design of this website, its graphics, text, the arrangement and selection thereof, and all software and compilations of software, source codes, and all other components of or material comprised in or on this website are the copyright of ThornsDIY.com and Splice Creative or their designers and content and technology providers. All Rights Reserved.
You are permitted to copy and to print all or part of this website for the purpose only of placing an order with Thorns. Any other use or reproduction of this website or any of its components is strictly prohibited without the prior written permission of Thorns DIY.com
Whilst great care has been taken to ensure that the information on this website is accurate, information as to price may be subject to change without notice. Without in any way reducing or affecting your statutory rights, ThornsDIY.com makes no representations or warranties either that the information in or accessible via this website is accurate, complete or current, nor of any other kind, express or implied, with respect to this website or the products, information, materials or content including, without limitation, warranties of merchantability and/or fitness of any product for a particular purpose.
A)We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
B)Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
C)This does not include or limit in any way our liability:
- a) For death or personal injury caused by our negligence;
b) Under section 2(3) of the Consumer Protection Act 1987;
c) For fraud or fraudulent misrepresentation; or
d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability,
D)We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
- a) loss of income or revenue
b) loss of business
c) loss of profits or contracts
d) loss of anticipated savings
e) loss of data, or
f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable];
provided that this clause D shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause A or clause B or any other claims for direct financial loss that are not excluded by any of categories(a) to (f) inclusive of this clause D.
Your Statutory Rights are unaffected by anything appearing in these terms and conditions.