Terms and Conditions

About us

N-Durance T/A Toolden Limited, Company Number SC453454 and our trading address is 1, Esslemont Estate, Ellon, Aberdeenshire, AB41 8NA.

 

Your Status

By placing an order through our site, you warrant that:

You are legally capable of entering into binding contracts; and you are 18 years of age or over; and that you accept our Terms and Conditions as set out herein.

 

Payment

Visa Credit, Visa Debit, Visa Electron, Switch, MasterCard, PayPal, Retail Finance are accepted as methods of payment. All transactions are in pounds sterling unless otherwise stated.

 

Finance

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

  • Pay Later
  • Pay in 3
  • Financing
  • Further information and Klarna’s user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.


N-Durance T/A Toolden Limited is registered in Scotland (Company number SC453454). Registered office: 1 Esslemont Estate, Ellon, AB41 8NW. N-Durance T/A Toolden Limited is authorised and regulated by the Financial Conduct Authority. Our registration number is 654671. Credit provided subject to age and status.

 

Delivery

When you order goods from our website the cost of delivery will be calculated automatically. Our aim is to keep all products in stock at our warehouse or at our suppliers for fast delivery. N-Durance endeavour to dispatch orders within 2 working days. In some case, where stock is held at our suppliers, shipping may take an extra day. As soon as orders are dispatched you will receive an email/sms stating that your goods are on there way to you. Please allow up to 5 working days for delivery, if you have not received delivery by this point we ask that you contact our customer service team. If you have any queries relating to the delivery of your order, please email us at info@N-Durancetools.co.uk.

 

Stock availability

We aim to keep in stock, or available, all items that we advertise for sale, however there can be occasions where this is not the case, which could be as a result of production difficulties, unexpected demand or other reason. 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 or give an estimated deliver date for the ordered item. 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.

 

Pricing

All prices quoted are shown as both inclusive and exclusive of VAT. The only possible additional charge above the price quoted for the item is a carriage charge. The VAT element of each purchase is clearly detailed on the invoice that will be provided to you. 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.

 

Returns & Refunds

Cooling off period

You can cancel any unopened order for any reason within 7 working days- beginning on the day you receive the goods. To do this, you must notify us by writing specifying the order you wish to be cancel. The item must be returned unused and in its original packaging alongside the packing note and invoice (proof of purchase).

Collection charges/ restocking fees will apply if the item needs to be returned to us, unless otherwise agreed. Your refund will be issued to you within 14 days of cancellation.

We can only refund payment through the same method that your order was made using. If you paid for the original purchase using V12 Finance the outstanding amount will be credited to your N-Durance account for you to use within 6 months.

 

No longer required goods

If you change your mind and decide that you no longer want an item that we have delivered, within 14 days of purchase, then the item must be returned unused and in its original packaging alongside the packing note and invoice (proof of purchase). You must notify us in writing by specifying the order number and reason for return and we will arrange for the necessary collections to be made. Collection charges will apply. Your refund will be issued to you within 30 days of cancellation.

We can only refund payment through the same method that your order was made using. If you paid for the original purchase using V12 Finance the outstanding amount will be credited to your N-Durance account for you to use within 6 months.

 

Order delivered damaged

If your order has arrived to you in a damaged condition please notify us in writing within 5 working days of purchase to arrange collection. The item must be returned in its original packaging alongside the packing note and invoice (proof of purchase). We can then arrange for a new product to be delivered to you once the damaged goods have arrived back to our warehouses.

If you do not contact us within 5 days of purchase we will direct you to the manufacturer’s guidelines.

 

Faulty Goods

Power Tool products designed for professional use are not subject to the terms of consumer rights.

Under guidelines set to us by manufacturers we will advise you of the nearest repair agent which is free of charge under your manufacturer’s warranty – please remember to register your item on the manufacturer’s website for any additional warranty.

We do not accept returns of damaged or defaced items regardless of timescale. These will always need to be taken to an authorised repair agent or the manufacturer.

 

Written communications

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.

 

Notices

All notices given by you to us must be given to N-Durance at 1, Esslemont Estate, Ellon AB41 8NA. 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 email 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 otherwise 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-contract or 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 communicated to you in writing in accordance with these terms and conditions. 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.

 

Waiver

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.

 

Severability

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.

 

Entire agreement

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 terms and 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 Toolden only when you have received confirmation that your order has been dispatched and you are notified of the order/dispatch number on the screen and by e-mail.

 

Copyright

You are permitted to copy and to print all or part of this website for the purpose only of placing an order with N-Durance. Any other use or reproduction of this website or any of its components is strictly prohibited without the prior written permission of N-Durance.

 

Disclaimer

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 you statutory rights, N-Durance 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.

 

Our Liability

A) We warrant to you that any Product purchased from us through our site is of satisfactory 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.

 

Statutory Rights

Your Statutory Rights are unaffected by anything appearing in these terms and conditions.