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Tools And Things: Shipping And Returns Policy

SHIPPING

• Orders are usually shipped within 1-2 days from confirmation of order, subject to availability of stock.
• Orders placed over weekends or public holidays will be processed on the next working day.
• Once the order is shipped, you will receive an e-mail confirming shipment and any tracking information if applicable.
• Risk of loss will pass from Tools and Things to the shipping/delivery agent upon delivery of any item to such carrier.
• A shipping calculator with different shipping options, as well as shipping insurance is available at checkout.
• It is the customers responsibility to inspect merchandise upon delivery before the carrier leaves.
• If you detect visible damage or missing items, refuse the package and contact us immediately.

RETURNS

• Should you not be satisfied with your product due to defect or incorrect choice of goods, you may under certain circumstances, be entitled to either a refund or have the product repaired or replaced.  In terms of this return policy, we may consider replacing goods in the original condition and packaging purchased from us, within 7 days from date of purchase/delivery.
• On discretion of Tools and Things, goods correctly supplied and returned for credit might be charged a 15% handling fee, and cutting tools up to 50% handling fee.
• The right to return/exchange goods and special orders, will be limited to the discretion of Tools and Things.
• All goods carry the manufacturer’s warranty.
• Items with manufacturing defects will be sent to the specific manufacturer in accordance with warranty terms.
• Tools and Things reserves the right to refuse any warranty claim if the damage is caused by any factors beyond the specifications or performance levels of the product.
• Used or damaged items will not be refunded.
• Shipping charges on returns are not refundable.
• If necessary, all goods will be tested before any exchange or refund will be issued.

OTHER GENERAL

• Please note that images do not necessarily reflect the correct dimensions of the item.
• Contact us for any item you do not find on our online store.
• We accept cancellations but reserve the right to deduct any incurred costs where applicable.
• We don’t accept any loss due to incorrect delivery address provided.  We cannot ship to a P.O. Box address.

DEFINITIONS

• In these conditions the words defined shall have the meanings assigned to them hereunder:
  “the goods”all goods and services sold by the seller;
  “the seller” Tools and Things CC (hereinafter referred to as “Tools and Things”), its subsidiaries, associated companies and entities;
  “the purchaser” the person, partnership, firm, association, close corporation or company purchasing from the seller;
  “the parties” the seller and the purchaser collectively.
• Headings and clauses shall be deemed to have been included for purposes of convenience only and shall not affect the interpretation of the agreement.
• Unless inconsistent with the context, the words relating to any gender shall include the other gender, words relating to the singular shall include the plural and vice versa, and words relating to natural persons shall include associations of persons having corporate status of common law.

APPLICATION OF CONDITIONS

All and any business undertaken by the seller is and shall be subject to the conditions hereinafter set out and each condition shall be deemed to be incorporated in and to be a condition of any agreement between the seller and purchaser.

RESERVATION OF OWNERSHIP

• The parties agree that this contract is subject to the express condition that ownership of all goods shall remain vested in the seller until such as the purchase price is paid in full, whereupon ownership shall then pass to the purchaser.
• Notwithstanding the reservation of ownership as aforesaid, all risk shall pass to the purchaser upon delivery of articles to the purchaser or his/her agent, by rail or to any other carrier for despatch to the purchaser, at which time the seller’s responsibility will cease and the articles will be deemed to have been delivered to the purchaser.
• Upon signing acceptance of the goods, the purchaser will be deemed to have accepted same and no short/non-delivery or other claim will be entertained after 48 (forty-eight) hours of delivery.
• The supplier accepts no responsibility for any loss, damage or shortages after delivery of the goods to a contractor or authorised representative of the purchaser.
• Until the purchaser has paid the amount due by him/her to the seller in full, the purchaser hereby appoints the seller as his/her agent in rem suam in so far as the same may be necessary for the seller to effect return of the goods.

BREACH

• Should the purchaser breach any of these Conditions of Sale, the seller shall in its election and without prejudice to any rights which the seller may in law have the right to:
  • cancel the contract without prior notice to the purchaser;
  • remove and repossess all the goods and recover the damages which the seller may have suffered consequent upon such cancellation;
  • abide by the contract and claim from the purchaser payment of the purchase price then outstanding which amount shall immediately become due and payable.

LIMITATION OF LIABILITY

Neither the seller nor any of its officers, members or agents shall be liable for any loss or damage, whether direct or indirect, consequential, or otherwise suffered by the purchaser arising from any cause in connection with the supply of the goods.

ALTERATION OR WAIVER OF CONDITIONS

• No agent or employee of the seller, other than a director thereof, has the seller’s authority to alter or vary these conditions.
• No agreement varying, adding to, deleting from or cancelling any of these conditions, and no waiver of any rights under these conditions shall be effective unless reduced to writing and signed by both parties. No representations other than those included in this contract shall be of any force or effect unless reduced to writing and signed by both parties.
• Once goods have been ordered by the purchaser such order cannot be varied or cancelled in any manner whatsoever, other than in writing and signed by both the purchaser and seller.

MISCELLANEOUS

• The proposed delivery date of goods shall not constitute a material term of his/her contract and any failure by the seller to adhere to such date shall not entitle the purchaser to cancel this contract nor relieve him/her from his obligation hereunder.
• The purchaser shall be obliged to notify the seller in writing within 7 (seven) days of receipt of the products of any defects or any other fault relating to the goods, and in the absence of such timeous written notification to the seller, be deemed to have acknowledged that the goods were received in good order and condition and to the purchaser’s satisfaction.
• Seller’s liability in respect of any article or goods delivered which is proved to be defective shall be limited to either replacing such article, or at the purchaser’s election, refunding the purchase price paid to the seller.
• In the event of any amount payable by the purchaser not being paid in full on or before the due date, then the total amount owing in terms of this contact shall immediately become due and payable.
• Goods returned must comply with Tools and Things’ current returns policy.
• Payment of the purchase price or any part thereof by the purchaser to the seller may not be withheld pending the settlement of any claims or disputes.
• No extension of time or other relaxation or indulgence which the seller may grant to the purchaser shall in any way prejudice any of the seller’s rights hereunder, and more particularly and without derogating from the generality of the foregoing, no act of the seller in accepting an instalment after due date or in accepting a lesser sum than the amount due, shall operate as or be deemed to be a waiver by the seller of any of its rights hereunder or a novation of any of the terms or conditions of this sale.
• In the event of the seller deciding to institute legal action for the enforcement of any of its rights against the purchaser, it shall be entitled to do so in the Magistrate’s Court which would, but for the amount of the claim, have jurisdiction.
• The purchaser shall pay all legal costs incurred by the seller on an attorney own client scale in taking any legal action against the purchaser for the enforcement of any of its rights.
• The purchaser hereby chooses domicilium citandi et executandi for all purposes incidental to or arising out of this contract, including the service of summons at the address of the purchaser given on the order form.

CUSTOMER RETURNS POLICY

INTRODUCTION

• Tools and Things is committed to fair trading practices as well as the principles envisaged in the Consumer Protection Act, Act 68 of 2008 (‘CPA’) in all dealings with our consumers.
• Tools and Things acknowledges that consumers have certain specified rights in terms of the CPA as well as in terms of the common law in their dealings with Tools and Things, including the rights of consumers to return goods to Tools and Things in certain specific instances.
• This policy sets out the circumstances in which you can return goods to Tools and Things – explaining: –

• the reasons for which you can return goods;
• the period within which you need to return the goods, and
• what your and our duties and rights are when you wish to return goods.

7 DAY RETURN POLICY

• Although the law does not give you an automatic right to return goods for any reason, Tools and Things will accommodate you within 7 (seven) days from delivery if you want to return the goods, provided that you meet the requirements of this policy, but specifically excluding the goods listed below.
• Rules applying to the 7 (seven) day Return Policy:
• You can only return the goods within the 7 (seven) day return period if you did not use the goods at all;
• the goods must also be in its original unopened packaging;
• you will not be able to return the following goods during the 7 (seven) day return period:
• special order goods (these are goods that we changed, amended or procured for you specifically to meet your specific needs – in other words customized goods and other goods that Tools and Things does not usually stock);
• goods that we no longer stock.

DEFECTIVE GOODS

• All new goods carry a manufacturer’s warranty of 6 to12 months against defects from date of sale or delivery.
• If the goods show a defect during the warranty period, please contact the manufacturer for repair or replacement queries. Contact us at shop@toolsandthings.co.za for manufacturer’s details.
• Should you require a repair after the warranty period has expired, please contact the manufacturer for a quotation.
• If damage to the goods was caused due to abuse, fair wear and tear or negligence, the warranty will no longer apply.
• Always follow instructions of use or guidelines in printed material.

INCORRECT DELIVERY

If we delivered goods to you that you did not order, we will collect them from you as soon as reasonably possible after you have informed us of the incorrect delivery or we informed you of our mistake.

CHARGES FOR USE

• In terms of the current consumer laws we are allowed to charge you for the use of the goods in certain circumstances and also such amounts to get the goods fit again for resale.
• If you wish to return goods to us for any reason set out in this return policy, or by law, we will inform you what these charges would be after we have had the opportunity to inspect the condition of the goods at the time of return.

PROOF OF PURCHASE

If you wish to return goods to us for any reason, we may require that you provide us with the proof of purchase or your copy of the delivery note in order for us to determine and confirm:

• that you bought the goods from us;
• when the goods were bought by you.

REFUNDS

It is your duty to provide the correct banking details to us in writing and we will not be liable to you if we made payment to an incorrect bank account provided by you.