Please read our terms and conditions carefully
www.sgmtools.co.uk is a site operated by SGM Glazing, 24 Millfield, Midsomer Norton, BA3 2PG
VAT Number 131468134.
Please click on the button marked "I Accept" at the end of these terms and conditions if You
accept them. Please understand that if You refuse to accept these terms and conditions, You
will not be able to order any Products from our site.
You should print a copy of these terms and conditions for future reference.
Our site is only intended for use by people resident in the United Kingdom.
By placing an order through our site, You warrant that:
You are competent in the use and maintenance of our Products and shall
follow all manufacturer instructions and generally accepted health and
safety procedures for their use.
After placing an order with www.sgmtools.co.uk this does not mean that Your order has
been accepted. Your order constitutes an offer to us to buy a Product. All orders are
subject to acceptance by us, and we will confirm such acceptance to You by sending
You an e-mail that confirms that the Product has been dispatched (the Dispatch
Confirmation) where You have provided us with an email address. The contract
between Us (Contract) will only be formed when We send You the Dispatch
The Contract will relate only to those Products whose dispatch we have confirmed in
the Dispatch Confirmation. We will not be obliged to supply any other Products which
may have been part of Your order until the dispatch of such Products has been
confirmed in a separate Dispatch Confirmation.
Nothing in these terms is intended to or shall operate to create a partnership, agency
or joint venture between the parties. Each party hereby acknowledges and agrees
that they enter into this contract on their own terms and accordingly are independent
and unconnected parties.
It is further agreed that any order You place with Us is a separate and distinct
contract and does not create any framework or long term legal relationship between
Us. Therefore any refusal to supply Products in the future shall not be deemed a
breach of any term of this Agreement. However, this Agreement represents Our
Standard terms and conditions and so if and to the extent that We do supply You with
Products in the future such supply shall, unless otherwise stated by Us, be on these
terms and conditions.
CANCELLATION OF CONTRACT
You may cancel a Contract at any time within three working days, beginning on the
day after You received the Products, by returning the Products to us in the same
condition in which You received them. In this case, You will receive a full refund of
the price paid for the Products in accordance with our refunds policy (set out in
To cancel a Contract, You must inform us in writing and return the Product(s) to us
within three working days, in the same condition in which You received them, and at
Your own cost and risk.
AVAILABILITY AND DELIVERY
We aim to fulfil Your order (provided the order is taken before 1pm, in
accordance with the delivery times stated, unless there are exceptional circumstances.
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.
PRICE AND PAYMENT
The price of any Products will be as quoted on Our site or in Our catalogue from time
to time, except in cases of obvious error.
11.2 These prices include VAT. Delivery costs will be added to the total
amount due as set out in our Delivery Guide on Our website
Prices are liable to change at any time, but changes will not affect orders in respect of
which we have already sent You a Dispatch Confirmation.
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
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
OUR REFUNDS POLICY
When You return a Product to us (for instance, because You have cancelled the
Contract between us, or You claim that the Product is defective), we will, in the case
of a defect, examine the returned Product, in accordance with our repair policy (see
paragraph below . Where appropriate we will notify You of Your refund via email,
telephone, fax or in writing within a reasonable period of time. We will usually
refund any money received from You using the same method originally used by You
to pay for Your purchase. We will usually process the refund due to You as soon as
possible and, in any case, within 30 days of the day we received Your cancellation or
the day we confirmed to You via e-mail that You were entitled to a refund for delivery
of the defective Product.
Products returned by You within a three day period (see paragraph above) will be
refunded in full, including the cost of sending the item to You. However, You will be
responsible for the cost of returning the item to us.
Products returned by You must be in the same condition in which You received them,
with packaging intact, thereby making the product resalable.
We warrant that any Product purchased from us through Our website or catalogue is
of satisfactory quality
We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
COMPLIANCE WITH LAWS AND REGULATIONS
Without prejudice to that set out in previous clause, You shall be responsible for obtaining any necessary import licences or permits necessary for the entry of the Products or their delivery to You. You shall be responsible for any and all customs’ duties,clearance charges, taxes, brokers’ fees and other amounts payable in connection with the importation and delivery of the Products.
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 requirement that such communications be in writing. This
condition does not affect Your statutory rights.
All notices given by You to us must be given to SGM Tools, 24 Millfield, Midsomer Norton, Bath, BA3 2PG at firstname.lastname@example.org
We may give notice to You at either the e-mail or postal address You provide to us
when placing an order, or in any of the ways specified in paragraph 13. 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
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
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.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other
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
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.
These terms and conditions and any document expressly referred to in them
represent the entire agreement between us in relation to the subject matter of any
Contract and supersede any prior agreement, understanding or arrangement
between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on
any representation, undertaking or promise given by the other or be implied from
anything said or written in negotiations between us prior to such Contract except as
expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the
other, whether orally or in writing, prior to the date of any Contract (unless such
untrue statement was made fraudulently) and the other party’s only remedy shall be
for breach of contract as provided in these terms and conditions.
. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
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)
LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English
law. Any dispute arising from, or related to, such Contracts shall be subject to the
non-exclusive jurisdiction of the courts of England and Wales.
. THIRD PARTIES
For the purposes of the Contracts (Rights of Third Parties) Act 1999 any contract
between us is not intended to and does not give any person who is not party to it any
right to enforce any of its provisions.