What these terms cover. These are the terms and conditions on which we supply products to you.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
Information about us and how to contact us
Who we are. We are Ostia Tools, the trading name of Ant J Cox Limited a company registered in England and Wales. Our company registration number is 10316642 and our registered office is at 8 Rothay Drive, Stockport, Greater Manchester, SK5 6TQ and our trading address is Unit 4, Welkin Road, Stockport, SK6 2BH.
How to contact us. You can contact us by telephoning us at 07958521040 or by writing to us at firstname.lastname@example.org.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Our contract with you
How we will accept your order. Our acceptance of your order will take place when we confirm in person, over the phone or by email that we are able to provide you with the product, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing by email and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
We only sell to the UK. Our online listings and website are solely for the promotion of our products in the UK. Unfortunately, we do not generally accept orders from or deliver to addresses outside the UK.
Products may vary slightly from their pictures. The images of the products on our online listings and our website are for illustrative purposes only. Although we have made every effort to display the features accurately, we cannot guarantee that a picture display of the products accurately reflects the features and condition of the products. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may vary from that shown in images on our online listings or on our website.
Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes
Minor changes to the product. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a health and safety issue. Unless we inform you otherwise, these changes will not detrimentally affect your use of the product.
More significant changes to the product and these terms. In addition, where major changes are required to any product we will seek to update the information on our online listing or website prior to your order or, where necessary, inform you as soon as possible after you have ordered.
Providing the products
Delivery or collection. During the order process we will confirm whether the product is available for delivery or for collection only.
Delivery costs. The costs of delivery will be as told to you during the order process. Delivery will be made by post, courier or by a member of the Ostia Tools team depending on the product you have ordered. The cost of delivery will be dependent on the method of delivery required which we will confirm to you during the order process.
When we will provide the products. If we agree that the product will be delivered to you we will let you know when we will provide the products to you during the order process. We will contact you to agree a delivery date, which will be within 30 days after the day on which we accept your order.
We are not responsible for delays outside our control. If delivery of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
Collection by you. If you have asked to collect the products from our premises, you must arrange an appointment for collection. Subject to our agreement, appointments can be arranged at any time during our working hours of 9:00 to 17:00 on weekdays and Saturdays. In certain circumstances we may be able to arrange for you to collect your products outside of our working hours but this will need to be agreed during the order process.
When you own the products. You own the products once we have received payment in full.
Your rights to end the contract
You can always end the contract for supply of a product before it has been delivered and paid for. You may contact us to end your contract for a product at any time before we have delivered it and you have paid for it, but in some circumstances we may charge you for doing this, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 10, “If there is a problem with the products”).
What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; or
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control.
What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 8.2, then the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
Returning products after ending the contract. If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you or you have collect them from us you must return them to us. If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description or a delay in delivery due to events outside our control then we will pay the costs of return. In all other circumstances you must pay the costs of return.
Our rights to end the contract
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone us at 07958 521 040 or write to us at email@example.com or Unit 4 Welkin Road, Stockport, SK6 2BH.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you.
Your right to change your mind. We, Ostia Tools of Unit 4 Welkin Road, Stockport, SK6 2BH offer the following guarantee which is in addition to your legal rights and does not affect them. If you change your mind about a product either before it is delivered or within 7 days of receiving it, please contact us to arrange for a full refund. If you have received the unwanted product you must return it to us at your own expense. This guarantee is only offered to customers resident in the UK.
Price and payment
Where to find the price for the product. The price of the product (which includes VAT) will be the price set out on the online listing or on our website at the date of your order unless we have agreed another price in writing.
When you must pay and how you must pay. We accept payment by cash or PayPal or by Visa, Mastercard or American Express. You must pay for the products (including delivery) before we dispatch them.
We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
We can charge interest if you collect late. If you fail to collect your product within 14 days of your order being accepted and paid for, we reserve the right to charge a storage fee of £1 per square foot per week.
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the
contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods, including the right to receive goods which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987
When we are liable for damage to your property. If we are installing the products or providing other services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
Other important terms
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you
but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.