These terms and conditions apply to the use of websites:
www.stanleytrucks.com, hereafter referred to as StanleyTrucks.com
By accessing this website and/or placing an order, you agree to be bound by these terms and conditions. Using the website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.
Please check these terms and conditions every time you use our site as we may update or modify the terms and conditions at any time and without notice. By continuing to use this website after any changes have been posted you are indicating your acceptance of those changes.
StanleyTrucks.com is operated by:
Ground Floor, Suite F, Breakspear Park
Breakspear Way, Hemel Hempstead
Hertfordshire, HP2 4TZ
Hereafter referred to as SAM-Works
Monday – Friday 09.00 – 17.00 hrs (local time)
Phone: +44 (0) 1442 345 019
Fax: +44 (0)1442 345 001
E-mail: [email protected]
STANLEY and the STANLEY Logo are trademarks of Stanley Black & Decker, Inc. or one of its affiliates, and are used under license.
2.ORDERING FROM US
3.PRICING & DELIVERY
4.CANCELLATION AND RETURNS
7.VISITOR MATERIAL AND CONDUCT
8.LINKS TO AND FROM OTHER WEBSITES
12.GOVERNING LAW AND JURISDICTION
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website.
If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2.1 These terms and conditions are applicable to any offer, order and agreement between SAM-Works and the customer. You are deemed to have accepted when you place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 All offers shall be free of obligation and shall be made in one written form or other and shall bear a date. All offers are subject to change. If a product is not available, SAM-Works will inform the customer via e-mail.
2.3 SAM-Works shall only be bound by offers if the customer accepts such, preferably in writing, within thirty (30) days. Upon receipt of an order and its payment in full, the order will be accepted and executed by SAM-Works within 2-4 working days. The contract contains each agreement between the customer and SAM-Works and substitutes any former agreement. SAM-Works recognizes that the electronic communication may be used to prove the agreement. By accepting these terms, the customer confirms this also.
2.4 It will not be possible to bind SAM-Works to her offers if the customer should have understood in accordance with the requirements of reasonableness and fairness and according to the usual criteria in social and economic life that the offer, or part thereof, obviously contains a mistake or an error in writing.
2.5 If the acceptance deviates (on secondary items) from the offer given, SAM-Works shall not be bound by it. The agreement shall in such event not be concluded in accordance with said deviating acceptance, unless SAM-Works indicates otherwise.
2.6 SAM-Works reserves the right not to accept payment, and therefore not to accept or confirm, for whatever reason, any order, including but not limited to reasons resulting from product supply, a problem with the order received, a problem completing the delivery or if you do not meet any eligibility criteria set out in our terms and conditions.
3.1 All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT. Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website. Our prices are reviewed periodically.
3.2 SAM-Works will, once SAM-Works receives confirmation from the payment service provider and the order has been accepted, hand over the parcel to the designated forwarder, who will deliver the parcel to the address indicated by the customer.
3.3 The shipment time as described in the order acknowledgment is an indication, no guarantee and starts at the moment the parcel is handed over to the forwarder. In case SAM-Works needs further information from the customer in order to execute the order, the delivery time will start after the customer has provided the required information. Parcels may be subject to unforeseen delays. SAM-Works has no control over this and cannot be held liable. Any postage fines will only be reimbursed if the customer can provide written evidence.
3.4 Upon receipt, the customer must examine whether the quality and the quantity of the delivered goods comply with what was ordered. Any deviations must be reported via e-mail to [email protected] within 24 hours following receipt
3.5 SAM-Works cannot control the actions of foreign postal organizations, nor can it influence the delivery. SAM-Works can ask the forwarder to start an enquiry to find the parcel. Based on the outcome of the enquiry, SAM-Works can take action to solve the issue with the customer.
3.6 If, during shipment, damage has occurred to the packaging of a product which could result in spoilage, the customer needs to report this to SAM-Works within 24 hours via email at [email protected] The customer should not consume the contents of a visible damaged product. SAM-Works will not be held liable for the consequences if the above advice is ignored.
3.7 The customer is obliged to accept the purchased products the moment they are handed over or presented to him/her. If the customer refuses to take delivery of the purchased goods or fails to give the information or correct address necessary to their delivery, additional costs for extra delivery or storage are on the customers expense. SAM-Works cannot and will not for any reason be held liable for any deterioration in the products due to the customers failure to receive or collect the parcel in a timely matter.
3.8 All parcels are insured. If a parcel is lost, SAM-Works will ask the forwarder to start an enquiry. If the parcel is declared to be lost, the customer is entitled to a refund or replacement. The customer is not entitled to a refund or compensation for unforeseen delays at the forwarder.
3.9 For deliveries to non-EU member states: the customer is responsible for possible import duties in his or her country. SAM-Works will not be held responsible for the confiscation of products due to custom regulations in the country of destination. The customer has the responsibility to contact his or her local tax-office about custom regulations prior to ordering. SAM-Works has no control over this and cannot be held responsible for this. If a parcel is refused at the border as a result of custom regulations and returned to SAM-Works, SAM-Works will only refund the sales value of the goods upon the actual receipt of the goods, which are in good shape and have not been deteriorated. SAM-Works holds no liability if the parcel is lost upon return, as a result of postal failure, and is therefore not received back by SAM-Works.
4.1 If you wish to cancel your order:
(a) You can notify us by email to [email protected] before we have dispatched the goods to you; or
(b) Where goods have already been dispatched to you, by returning goods to us with in 30 days of receipt for a full refund or exchange. The cost of returning goods to us shall be borne by you and the delivery charges incurred will not be refunded. Please ensure you receive proof of posting. It is also advisable to take out adequate parcel insurance to compensate for any parcels lost or damaged in transit. Any delivery charges incurred will not be refunded.
4.2 You can return goods you have ordered from us for any reason within 30 days of receipt for a refund or exchange, excluding the original delivery charge. All goods should be returned 'as sold' - unused and in original packaging with any tags attached. Any goods that are damaged, incomplete or have been altered from their original condition will not be accepted.
4.3 Upon receipt of the goods we will give you a full refund of the amount paid excluding any delivery charges or an exchange if required.
4.4 The rights to return the goods to us for a full refund of the amount paid or an exchange credit will not apply if the product has been used.
4.5 Faulty goods will be assessed under the manufacturers warranty against faults caused by manufacturing defects only. Normal wear and tear, and conditions resulting from or contributed to by accident, misuse, abuse, alteration or improper care or maintenance are not covered by this. If a genuine manufacturing fault is found the product will be replaced with the same item or an equivalent if this is no longer available. Full terms and conditions concerning the return of faulty goods can be found on our Returns Page and returning faulty goods to us indicates your acceptance of these additional terms. The provision above does not affect your statutory rights.
5.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
While we endeavor to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licenses and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the Netherlands or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) You do not remove, distort or otherwise alter the size or appearance of the logo;
(b) You do not create a frame or any other browser or border environment around this Website;
(c) You do not in any way imply that we are endorsing any products or services other than our own;
(d) You do not misrepresent your relationship with us nor present any other false information about us;
(e) You do not otherwise use any trade marks displayed on this Website without our and/or our licensors express written permission;
(f) You do not link from a website that is not owned by you; and
(g) Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any of our group companies and/or licensors may suffer or incur as a result of your breach of clause 8.2.
To register with StanleyTrucks.com you must be over eighteen years of age.
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
While we endeavor to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
These terms and conditions shall be governed by and construed in accordance with Dutch law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Dutch courts.
We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the Netherlands. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the Netherlands, you do so at your own risk and you are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.