TERMS AND CONDITIONS|
By placing an order through our site, you warrant that you are at least 18 years of age and are legally capable of entering into binding contracts.
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.All credit/debit card holders are subject to authorisation by the card merchant.
Thorns Delivery Charges in Mainland UK, including VAT are as follows;
|STANDARD||NEXT WORKING DAY|
|Orders under £30.00||£3.95||£9.99|
|Orders over £30.00 ||FREE||£9.99|
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 4:00pm 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.
All prices quoted are inclusive of VAT. 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. 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 specifiedperiod.
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. 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.
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.
Thornsdiy.com take great care to ensure that all the products featured on this website are of a high quality. As part of our commitment to quality we provide 1 year's guarantee on all products (excluding power tools) on this website 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.
COOLING OFF PERIOD
You may, if you wish, cancel your order for any reason within 7 days starting on the day after you receive the goods. To do this you will need to notify us either in writing, email mail@thornsdiy, fax: 01603 622952, specifying the order number of the order to be cancelled. If you do this we may ask you to pay the cost of returning the goods to us but, apart from this, the whole of your money will be returned to you within 30 days of such cancellation.
RETURNS & REFUNDS
ITEMS NOT REQUIRED
We at Thornsdiy.com aim to provide you with as much information as we can about each product so that you can make an informed purchasing decision. However, to give you additional confidence, we will allow you to return any item if it is not what you require within 21 days of receipt as long as it has not been used and is returned in its original undamaged packaging.
All you need to do is to contact us via the following methods: Letter, Email: email@example.com Fax: 01603 622952. We will then contact you to advise you on the best method of return. You should then return the item(s) to us by the agreed method.
Upon receipt of the item(s) we will refund the full value of the item(s) subject to them being unused and in their original condition and packaging within 21 days.Unless otherwise agreed, you will be responsible for the costs for returning the goods to us.
FAULTY, INCORRECTLY SUPPLIED AND DAMAGED
If an item has been incorrectly supplied, received damaged, or is faulty then all you need to do is follow the Returns Procedures detailed above. We will then arrange returning the item(s) free of charge. Upon receipt of the item(s) we will refund the full value of the goods and any carriage costs within 21 days.
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 ofsatisfactory 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.
ThornsDIY.com have taken a great deal of care to ensure that any personal information you send us remains totally confidential.
All credit card information is encrypted when it is transferred over the Internet using SSL Encryption.
All personal information is held on a Secure Server and will not be used in any way without your express permission.
ThornsDIY.com respect the need to protect your privacy.
In order to process your orders and to provide you, if required, with details of those orders at a later stage we do need to collect a certain amount of personal data. Our policy is to collect and retain only the information we require to enable us to carry out our obligations to you and, for the avoidance of doubt, we have detailed below the information we retain.
When you place an order with Thorns we collect the following information:
1. Personal Details
- Your E-Mail Address, Daytime Telephone Number, Home Address and Post Code and Delivery Address and Post Code. This information enables us to process your orders and to advise you of the status of your orders.
2. A Password. The first time you order you are asked to register by entering a password. This password enables us to identify you when you revisit our Website. The benefits to you are that, by entering your password, you do not need to re-enter your address details when you re-order and that, by clicking on the support buttons, you can check the statusof any orders you have already placed.
3. Your Credit Card Details i.e. Credit Card Type, Number, Expiry Date etc.This information is sent to us in an encrypted form and is stored on a secure server. This information enables us to process your order.
This sensitive information is held only as long as necessary for us to meet our obligations to you and the credit card companies.
AS REQUIRED BY THE UK DATA PROTECTION ACTS OF 1984 AND 1998, WE FOLLOW STRICT PROCEDURES IN THE STORAGE AND DISCLOSURE OF ALL INFORMATION WHICH YOU HAVE GIVEN US IN ORDER TO PREVENT UNAUTHORISED ACCESS.
At the time you register you are also asked at the bottom of the screen as to whether or not you want to be on a Thorns Mailing List. The default setting is that you will not be put on the mailing list. If you choose to be put on the mailing list you may receive News and Offers from Thorns.
If, at a later stage, you wish to be removed from the Mailing List you simply have to E-Mail us at firstname.lastname@example.org and we will take the necessary steps.
THE MAILING LIST INFORMATION WILL NOT, UNDER ANY CIRCUMSTANCES, BE PASSED ON TO ANY OTHER THIRD PARTY.
Thornsdiy.com does use temporary Cookies to track our customers use of the website. We use this information solely for the purpose of ensuring that the content of the website meets our customers requirements. DATA PROTECTION RESPONSIBILITY
ThornsDIY.com accepts responsibility as Data Controller for all information collected via this website. In its capacity as Data Controller, Thorns has written undertakings from all third party Data Processors that it will protect all personal data received as required by the Data Protection Acts of 1984 and1998. The person responsible for privacy matters is Mrs M Devlin.