Terms & Conditions   

1. Our Contract

These Terms and Conditions govern the supply of goods sold by name and address ("we" and "us") to the customer named on the order form provided on the web address website ("you"). Together with the completed order form, these Terms and Conditions constitute the entire and only agreement between us in relation thereto. Our acceptance of your order by delivery of the goods constitutes a legally binding contract between us, on these terms and conditions.

2. Price & Payment
2.1 The price payable for the goods you order is as set out on our website at the time you place your order, plus any charges for carriage and insurance as set out in the order form.

2.2 We must receive payment for the whole of the price of the goods you order, and any applicable charges for carriage and insurance, before your order can be accepted unless we have agreed otherwise in advance in writing.

2.3 All price reductions shown are in relation to our SHOP price, unless otherwise stated.

3. Delivery & Title
Unless you tell us you wish to collect the goods, we will deliver them in accordance with your order. A valid signature will be required on collection or delivery. Immediately prior to despatch of the goods to you, title in the goods will pass to you. In the unlikely event that you have not received all the goods within 21 days of the date of delivery (or where you have requested a delayed despatch within 21 days of the requested despatch date), you must notify us immediately.

4. Availability
While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you. If stock is expected within a reasonable time period we will hold your order and dispatch in as few consignments as reasonable.

5. Cancellation & Returns

5.1 You may cancel your order by giving us notice of cancellation within 7 days of the date of collection or delivery. Such notice may be given by mailing, faxing or emailing to the number or address set out on the order form. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.

5.2 On cancellation, you must return the goods to us at your cost unless the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by us, in which case we will meet the cost of return but we ask that you allow us to nominate the carrier. Returned goods must be sent to: Returns Department, Tom Smith Buoys Ltd, Lower Park Street Mill, Lower Park Street, Congleton, Cheshire, CW12 4YF.

6. Liability
6.1 If you have notified us of a problem with the goods, we will (subject to clause 4) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.

6.2 Where we have agreed to replace the goods, you confirm that you will keep the original goods safely and allow our nominated carrier to collect them from you without undue delay. Persistent failure to allow the original goods to be collected may result in you incurring an additional charge up to the original cost to you.

6.3 We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. This does not affect your statutory rights as a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.

6.4 The goods are intended for use in the United Kingdom and we make no warranties, express or implied, that the goods are suitable for use outside the United Kingdom, or comply with any laws, regulations or standards of any jurisdiction outside the United Kingdom.

7. Termination
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.

8. Force Majeure
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).

9. General
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.

10. VAT
All prices include VAT at 20% subject to changes in taxation.

11. Age Requirements for Specific Goods
Where the law requires a minimum age limit for the purchase of specific goods, you confirm that you are over the required age limit and that delivery will be accepted by a person over the required age limit.

12. Design and Reproduction
Drawings, photographs, part numbers, layout and style are considered property. Reproduction in whole, or in part, strictly prohibited without written permission. Quantities and measurements are approximate. Trademarks acknowledged. Exact products may vary from that shown. All products are subject to availability.

13. Privacy Policy

We take data security seriously and will not give or sell your data or information submitted to us to other bodies. Any information taken will be used in processing your order, and we may from time to time use physical or electronic address for occasional product marketing mailing. If you do not wish to receive such mailings, please write and advise us of such.

Any financial information collected will be destroyed after use.

By completing and submitting the electronic order form on this site, you are making an offer to purchase goods which, if accepted, will result in a binding legal contract. The IP Address of your Internet Service Provider may be logged by our payment process partner for security purposes.
Fraudulent or improper use of the electronic ordering system on this site, including, (but not exclusive to) the improper use of bogus or illegally obtained personal / payment details will result in criminal prosecution to the full extent of the law

14. Warranty

We offer a full manufacturers guarantee which is for a period of 1 year. The guarantee does not apply to any problem caused by:

  1. warranty claims must be sent back to the following address complete with original proof of purchase as well as a description of the problem. Please email us at sales@tomsmithbuoys.com with your full contact details in the first instance

Tom Smith Buoys accepts NO LIABILITY for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Tom Smith Buoys website, advertising or for any goods or service(s) purchased from Tom Smith Buoys..

All information is to be used as a general guidance only. Due to many variables out of (Tom Smith Buoys) control, the customer has the final responsibility to determine product suitability for his application

Returns Policy

Faulty Products

Tom Smith Buoys Ltd is committed to providing the highest quality products and service to its customers, however, sometimes products may be found to be faulty or defective. If any product is found to be faulty or have defects upon delivery; you will be entitled to a replacement free of charge or a full refund (including postage fees incurred) within 28 days of receiving product.

If a product is returned to us, and the product is found to be in good working order without defect or fault, we will return the product to you at your expense.

All returns must first be authorized by either telephone or e-mail, after which you will be given a returns number which must be quoted with all returned goods. Please explain the reason for your return. Any goods returned without a returns number will NOT be processed.

Returning Unsuitable or Incorrectly Sized Goods

If a product you purchase from Tom Smith Buoys Ltd is unsuitable or the incorrect size for you, we will provide a replacement free of charge or a full refund, provided it is returned in its original, unused and resalable condition within 7 working days of the date of receiving your order.

When returning goods to us, the customer will incur any postage fees. If we arrange to collect the goods for you, the cost to arrange collection will be deducted from the refund. Please note that we do not refund postage for unsuitable or incorrectly sized goods.

Cancellation Period

You may cancel your order within 7 working days to receive a full refund. To cancel all, or part of your order, you must first contact us by either telephone or e-mail, after which you will be given a returns number which must be quoted with all returned goods. A full refund will be provided within 7 working days of cancellation.

When returning goods to us, the customer will incur any postage fees. If we arrange to collect the goods for you, the cost to arrange collection will be deducted from the refund. Please note that we do not refund postage for cancelled orders, unless the order has not been processed or sent.

We always aim to please our customers, so if you are not entirely satisfied with your purchase please give us a call 01260 701071, and we will do our utmost to help. Your statutory rights remain unaffected.

To contact our Customer Support please call 01260 701071 or email us

Tom Smith Buoys Ltd. 122 The Row, Sutton, Ely, Cambs, CB6 2PB, Uniteed Kingdom.

Delivery

Delivery is charged as priced on each order. Your order will usually be sent by courier, and will be sent to the address on the order form. Once you have placed an order it will be dispatched the same day or the next day depending on the time the order was placed.

If you are unavailable when our delivery partner tries to deliver your order, they will usually try to deliver again the next working day, or they will drop a card in to offer you a collection from a local collection point. If you should refuse delivery of goods, or are not available to accept the delivery on both delivery attempts, you will be required to cover any extra costs incurred.

All quoted delivery prices are for UK mainland (excluding Scottish Highlands) addresses. Northern Ireland (BT), Isle of Wight (PO30-37), Isle of Man (IM), Scottish Highlands and Orkney Isles (PA, ML, EH, KA, G KY, PH, DD,AB, IV, KW), Outer Hebrides and the Shetland Isles (HS, ZE) will incur additional charges and may also experience delivery delays.

Delivery to addresses outside the UK will also incur additional charges. Please contact us directly to calculate additional delivery charge, subject to restrictions.

If you wish to cancel your order after it has been dispatched you will be charged for both delivery and collection cost.

For further information please e-mail: sales@tomsmithbuoys.com