Bosch Power Tools – Terms and Conditions for Purchasing Spare Parts On-line
This page (together with the documents referred to in it) sets out the terms and conditions (as updated from time to time in accordance with paragraph 16.1) (the "Terms") on which Bosch supply any of the products (the "Product(s)") listed on our website at http://www.bosch-pt.co.uk/powertools/ (our "Website") to you.
Please read these Terms carefully before ordering any Product(s) from our Website. By ordering any of our Product(s) from our Website, you agree to be bound by these Terms.
These Terms apply to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
[Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you do not accept these Terms, you will not be able to order any Product(s) from our Website.]
1. ABOUT BOSCH AND OUR WEBSITE
1.1 We are Robert Bosch Limited (referred to in these Terms as "Bosch"/"we"/"our"), a company registered in Scotland under company number SC013418 and with our registered office at c/o Bosch Rexroth, Viewfield Industrial Estate, Glenrothes, KY6 2RD. Our VAT number is GB 196 4041 53
1.2 The Website is operated by Bosch.
1.3 Our Website can be used by businesses and consumers resident in the UK to purchase Bosch Product(s) (Please note certain UK areas given within the site are excluded from delivery). Bosch does not accept orders from individuals or businesses outside of the UK.
1.4 You are permitted access to our Website on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. Bosch will not be liable if for any reason our Website is unavailable at any time or for any period.
1.5 You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms, and that they comply with them.
1.7 Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. Bosch disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.
1.9 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, our server or any server, computer or database connected to our Website.
1.10 Bosch will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website.
1.11 [Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Bosch has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.]
1.12 Please see our Provider Terms at [insert link to imprint pages] for more information about the use of our Website. Please note that our Provider Terms form part of the Contract between you and Bosch and by accessing our Website you accept and agree to be bound to our Provider Terms.
2. YOUR STATUS
2.1 By placing an order through our Website, you warrant that:
2.1.1 you are legally capable of entering into a binding contract with Bosch;
2.1.2 you are at least 18 years old;
2.1.3 you are resident in [the UK]: and
2.1.4 [You understand and acknowledge that the Product(s) may only be repaired and/or maintained by a power tools specialist in accordance with current safety standards.]
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND BOSCH
3.1 Once you have added your Product(s) to your online basket, you will be asked to review and confirm your order
3.2 After placing an order, you will receive an email from Bosch without delay acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer from you to Bosch to buy a Product(s) on these Terms.
3.3 All orders are subject to acceptance by Bosch and we may accept or reject your order in our absolute discretion. Bosch will accept or reject your order and inform you of the same within 3 working days of receiving the order from you.
3.4 If Bosch accepts your order, Bosch will confirm such acceptance by sending you an email that confirms that your order has been accepted ("Order Confirmation"). The contract between you and Bosch (the "Contract") will only be formed when we send you an Order Confirmation.
3.5 The Contract relates only to those Product(s) whose order we have accepted in the Order Confirmation.
3.6 Unless stated otherwise, your Product(s) will usually be dispatched within 7 working days of the Order Confirmation. In any event, unless there are exceptional circumstances, your Product(s) will be dispatched no later than 30 days following the date of the Order Confirmation.
3.7 The text of the Contract will be stored by Bosch. You can print out the text of the Contract and these Terms which are legally incorporated into the Contract between you and Bosch.
3.8 If you have any queries relating to your order, you can contact [the Bosch Service Centre for Power Tools:
Telephone: 0844 736 0109
Fax: 0844 736 0146
There will be a charge of 3 pence per minute from a BT line. Charges from other networks may vary
3.9 If you are contracting as a consumer (e.g. not on behalf of a business or commercial venture), you may cancel the Contract at any time within 7 working days, beginning on the day after you received the Product(s). You will receive a full refund of the price you paid for the Product(s) and any delivery charges you paid to receive the Product(s). This provision does not affect your statutory rights as a consumer.
3.10 To cancel the Contract, you must inform Bosch in writing at: The Bosch Service Centre, Robert Bosch Ltd, P.O.Box 98, Broadwater Park, Denham Uxbridge, UB9 5HJ, or by e mailing the email@example.com. You must also return the Product(s) to Bosch as soon as reasonably practicable, and at your own cost. Product(s) must be returned to the postal address given above.
3.11 We will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. You will be responsible for the cost of returning the Product(s) to Bosch and for any bank and/or credit card charges associated with the refund of your payment.
3.12 Bosch will usually refund any money received from you using the same method originally used by you to pay for your purchase.
3.13 Without restricting your right to cancel the Contract, we recommend that you contact Bosch prior to returning any Product(s) to agree on the return delivery. Bosch will then be able to draw up a return delivery note which you can include in the return delivery. This will speed up the processing of your cancellation and the refund of your payment.
3.14 You have a legal obligation to take reasonable care of the Product(s) while they are in your possession. If you fail to comply with this obligation, Bosch may have a right of action against you for compensation.
4. RISK AND TITLE
4.1 The Product(s) will be at your risk from the time of delivery.
4.2 Bosch reserves title in the Product(s) and ownership of the Product(s) will only pass to you when Bosch receives full payment of all sums due in respect of the Product(s), including any delivery charges.
4.3 Pending transfer of ownership, you shall treat the Product(s) with care and you shall notify Bosch without undue delay of any seizure of the Product(s) by third parties, for instance in the event of an attachment, and of any damage to or the destruction of the Product(s).
4.4 If you breach paragraph 4.3 Bosch has the right to cancel the Contract and to reclaim the Product(s) from you.
5. PRICE AND PAYMENT
5.1 The price of the Product(s) and our delivery charges will be as quoted to you on our Website at the 'checkout, except in cases of obvious error.
5.2 Product prices include VAT but do not include delivery charges (which will be shown separately when you order the Product(s)).
5.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
5.4 Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our order acceptance procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when confirming the order to you. If a Product's correct price is higher than the price stated on our Website, 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.
5.5 Bosch are under no obligation to provide the Product(s) to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
5.6 Payment for your Product(s) must be by credit or debit card. We accept payment with [Visa, Visa Electron and MasterCard].
5.7 We will not charge your credit or debit card until an Order Confirmation has been sent to you .
This section does not affect your statutory rights as a consumer:
6.1 Bosch warrant that any Product purchased from Bosch through our Website will, on delivery and for the following 24 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for the purposes for which products of that kind are commonly supplied.
6.2 The following shall not be classed as defects to quality:
6.2.1 wear and tear due to use or other normal wear and tear;
6.2.2 damage caused after the passing of risk due to improper handling, storage or installation, non-compliance with installation and handling instructions, excessive strain or use, lack of maintenance or failure to use a suitable power tool specialist for any maintenance; and/or
6.2.3 damage caused by a Force Majeure Event, in particular external influences which were not within Bosch's reasonable control or due to the use of the goods outside normal use.
6.3 If you consider that your Product(s) do not comply with the standards set out in paragraph 6.1 and you are within the 24 month warranty period you should notify Bosch as soon as possible.
6.4 Bosch may need to inspect the Product(s) to determine whether or not they comply with the standards. Bosch shall have a reasonable amount of time to conduct this inspection.
6.5 If Bosch accepts that the Product(s) do not comply with the standards set out in paragraph 6.1, you may choose whether you would like your Product(s) to be repaired or replaced by Bosch. However, Bosch reserves the right to refuse your election if it cannot reasonably meet your request. For example, if your Product(s) are no longer in production, Bosch may need to repair your existing Product(s) as providing you with a replacement would not be possible.
6.6 In exceptional circumstances and at Bosch's discretion, if the remedies set out in paragraph 6.5 cannot resolve the problem, Bosch may offer you a full or partial refund of the price paid for the Product(s).
7. BOSCH'S LIABILITY
7.1 Subject to paragraph 7.3, if Bosch fails to comply with these Terms, Bosch shall only be liable to you for the purchase price of the Product(s) paid by you to Bosch.
7.2 Subject to paragraph 7.3 and without prejudice to paragraph 7.1, Bosch will not be liable for losses that result from its failure to comply with these Terms that fall into the following categories:
7.2.1 loss of income or revenue;
7.2.2 loss of business;
7.2.3 loss of profits;
7.2.4 loss of anticipated savings;
7.2.5 loss of data;
7.2.6 waste of management or office time; or
7.2.7 loss or damage caused by breach of any of the warranties at paragraph 2.1.
This paragraph 7.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by paragraphs 7.2.1 to 7.2.6.
7.3 Nothing in these Terms excludes or limits Bosch's liability for:
7.3.1 death or personal injury caused by our negligence;
7.3.2 fraud or fraudulent misrepresentation;
7.3.3 any breach of the obligations implied by the Sale of Goods Act 1979;
7.3.4 defective products under the Consumer Protection Act 1987; or
7.3.5 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
8. WRITTEN COMMUNICATIONS
8.1 Applicable laws require that some of the information or communications Bosch send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email 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.
9. DATA PROTECTION
10.1 All legal notices given to Bosch by you must be sent to The Bosch Service Centre] at [firstname.lastname@example.org Bosch may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 8 above.
10.2 Notices given by Bosch will be deemed received and properly served on you immediately when posted on our Website, 24 hours after an email is sent, or 3 days after the date of posting of any letter to you.
10.3 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 email, that such email was sent to the specified email address of the addressee.
11. TRANSFER AND ASSIGNMENT
11.1 The Contract is binding on you and Bosch and on our respective successors and assignees.
11.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without Bosch's prior written consent.
11.3 Bosch may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12. FORCE MAJEURE
12.1 Bosch will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Contract that is caused by events outside its reasonable control ("Force Majeure Event").
12.2 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:
12.2.1 strikes, lock-outs or other industrial action;
12.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack or war (whether declared or not);
12.2.3 fire, explosion, storm, flood, earthquake, epidemic or other natural disaster;
12.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
12.2.5 failure or partial failure by suppliers to provide necessary raw materials, components or products; and/or
12.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
12.3 Bosch's performance of the 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.
12.4 Bosch will use reasonable endeavours to inform you of the extent and likely duration of any Force Majeure Event which affects your Contract with Bosch and Bosch will use reasonable endeavours to bring the Force Majeure Event to a close.
13.1 If Bosch fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract, or if Bosch fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
13.2 A waiver by Bosch of any default will not constitute a waiver of any subsequent default and no waiver by Bosch of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 9 above.
14.1 If any of these Terms or any provisions of the 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.
15. ENTIRE AGREEMENT
15.1 These Terms and any document expressly referred to in them constitute the whole agreement between you and Bosch and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between you and Bosch relating to the subject matter of any Contract.
15.2 You acknowledge that, in entering into a Contract, you have not relied on and will have no remedy in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them.
15.3 Nothing in this paragraph 15 limits or excludes any liability for fraud.
15.4 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
16. BOSCH'S RIGHT TO VARY THESE TERMS
16.1 Bosch has the right to revise and amend these Terms from time to time. The most up to date version of these Terms will be available on our Website. By accessing our Website or ordering Product(s) from Bosch, you are deemed to have accepted any changes to these Terms.
16.2 You will be subject to the policies and Terms in force at the time that you order a Product(s) from Bosch, unless any change to those policies or these Terms 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 before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Product(s)).
17. LAW AND JURISDICTION
17.1 These Terms and any Contract for the purchase of our Product(s) through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contract or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
17.2 The language of the Contract shall be in English.