Terms and conditions

Who we are. This website is run by First Point Midlands Ltd, trading as ToolBuyer, a private limited company registered in England and Wales (company number 08402282). Registered office: Albany House, Temple Court, Temple Way, Coleshill B46 1HH. Trading address: 52a Lichfield Road, Brownhills WS8 6HT. VAT number GB 182 7348 85. Email sales@toolbuyer.co.uk, phone 0333 5333 400. “We”, “us” and “our” mean First Point Midlands Ltd. When you buy on this website, your contract is with First Point Midlands Ltd.

Our directors and staff deal with orders and customers on behalf of the company. Doing that doesn’t make them personally a party to your contract or personally responsible for the company’s promises. This doesn’t remove any personal responsibility the law gives them.

These terms are the rules for using our website and buying from us. Please read them before you order. You can see them during checkout. Clause 1.13 explains when we accept your order and the contract starts.

Using our website

1.1 You don’t need an account to use most of this website, but some areas are only for registered customers.

1.2 You can use this website for your own genuine personal and business purposes, in line with these terms.

1.3 You can save and print these terms, your order details and product information for your own records and personal or internal business use. Any other copying needs our permission, unless the law allows it.

1.4 We can’t promise the website will always be available. Maintenance or technical problems may sometimes stop it working. This doesn’t affect our responsibilities for orders we’ve accepted, or your legal rights.

1.5 We try to warn you in advance about planned maintenance, but we don’t have to.

Reviews and other content you send us

1.6 If you send us a review, photo or anything else to publish, you allow us to publish it as customer feedback. We may tidy up the layout or shorten it, but we won’t change its meaning or make it misleading. We won’t publish your other messages as feedback without your permission. Our Privacy Notice explains how we use personal information.

Reviews must be about a real experience. Fake reviews, and reviews that hide that the writer was given something in return, are not allowed. We take reasonable steps to check reviews and remove ones that break these rules. We treat good and bad reviews the same way, and we never remove a genuine review just because it’s critical. To report a review you think is fake or misleading, email sales@toolbuyer.co.uk.

1.7 You must not post or send through this website anything that:
(a) you don’t have the right to share;
(b) is discriminatory, obscene, pornographic, defamatory, likely to stir up racial hatred, breaks someone’s confidentiality or privacy, encourages or is a crime, or is otherwise against UK law; or
(c) is harmful, such as viruses or other harmful software or data.

1.8 We will provide information to a court or law enforcement authority when legally required. We may also share information with them where data protection law allows it.

Links

1.9 Our website has links to other websites. A link doesn’t mean we recommend that website.

1.10 You can link to our website as long as:
(a) you don’t suggest we recommend someone else’s products or services, unless we’ve agreed in writing;
(b) you don’t give a false impression of your connection with us; and
(c) your website doesn’t contain offensive or controversial content, or content that breaks anyone’s intellectual property or other rights.

1.11 If you link to us in a way that breaks clause 1.10, we may ask you to remove the link.

Ordering, acceptance and mistakes

1.12 How to order. Orders are made in English. Add items to your basket, check the quantities, enter your contact and delivery details, choose a delivery and payment method, and check the order summary before you press “Place order and pay”. Complete any age check needed. You can correct any details in the basket and checkout before you send your order. We email you to confirm we’ve received it. We keep an electronic record of your order and email you your order confirmation and the terms that apply. You can save or print these, and ask for a copy of your order details by emailing sales@toolbuyer.co.uk.

1.13 When we accept your order. We take care to get our product details and prices right, but mistakes can happen. When you place an order, you are offering to buy. Our automatic order email or payment receipt only confirms we’ve received your order: it isn’t acceptance. We accept your order when we email to say we accept it, send the goods, or tell you they’re ready to collect, whichever happens first. If your order needs an age check, we won’t accept it until the check is passed.

Price or product mistakes. If we find a mistake in a price or product description before we accept your order, we may turn the order down without asking you first. We’ll email you and refund everything you paid as soon as possible. We may offer you the item at the right price, but we don’t have to, and we won’t charge you more without your agreement.

After we’ve accepted your order, we will only rely on a price mistake where the law lets us treat the contract as not binding, for example if you knew the price shown was a mistake. We’ll explain the mistake and refund what you paid. Otherwise the contract stands, unless we agree a change with you or have another legal right to end it.

Out of stock. If an item turns out to be unavailable before we accept your order (including because our stock records were wrong), we may turn down the order or that item without asking you first. We’ll tell you and refund what you paid for it as soon as possible, including any delivery charge you no longer owe. If we find a stock problem after we’ve accepted your order, we’ll contact you. We won’t send a different item or change an agreed delivery promise without your agreement. If we can’t supply all or part of your accepted order, we’ll refund what you paid for the goods we can’t supply, including any delivery charge you no longer owe, without unnecessary delay. You also keep any other rights you have because we didn’t supply it.

Turning down orders and quantity limits. Before we accept an order, we may turn it down for lawful reasons, such as stock, quantity limits, delivery restrictions, or reasonable concerns about fraud or payment security. If your delivery address is different from your billing address, we may need to do extra checks. If an order is over a quantity limit, we may turn it down or offer you a different quantity to agree. We won’t change the quantity or charge you more without your agreement. If we turn down all or part of an order, we’ll tell you and refund what you paid for it as soon as possible. This doesn’t give us a free hand to cancel orders we’ve already accepted.

Our responsibility to you

1.14 If you’re a consumer, this paragraph covers compensation for loss or damage. It does not limit your legal rights to cancel, reject goods, have them repaired or replaced, or get a price reduction or refund. It also does not limit any responsibility listed in clause 1.15.

We are only responsible for loss or damage caused by us breaking this contract or not taking reasonable care, where that loss or damage was reasonably foreseeable. Loss is foreseeable if it’s an obvious result, or if we both knew when we accepted your order that it might happen. We are not responsible for loss we did not cause, loss that was not reasonably foreseeable, or the part of any loss that you could reasonably have avoided.

You are a consumer if you’re an individual buying wholly or mainly for purposes outside your trade, business, craft or profession. Having a trade account doesn’t, on its own, take away consumer rights. If you buy for a business, clauses 7 and 9 of our Trade Account Terms are part of these terms and cover faulty goods and our liability, whether or not you have a trade account.

1.15 Nothing in these terms or our Trade Account Terms limits or removes our responsibility for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) our legal duties about ownership of the goods (title); (d) liability under Part I of the Consumer Protection Act 1987 (unsafe products); or (e) anything else the law doesn’t allow us to limit or remove. If you’re a consumer, nothing in these terms reduces your legal rights, including your rights under the Consumer Rights Act 2015.

Delivery

1.16 When we send your order. Working days are Monday to Friday, not bank holidays in England and Wales. All times are UK time. Order by 8am on a working day and we usually send it that day. Later orders usually go the next working day. Orders with 18+ items follow the same timings once the age check is passed. If your order needs an age check, we can’t send it until the check is passed, and we may hold an order while we make further checks, so it may take longer. These are estimates. “Sent” means handed to the carrier. Delivery times count from then, not from when you ordered. The carrier’s working days and holidays depend on the service and where the parcel is going.

1.17 Delivery. You see the delivery services, prices and any restrictions before you order. Royal Mail describes its UK services like this: Royal Mail Tracked 24: “Next working day delivery aim”. Royal Mail Tracked 48: “Aims to deliver in two to three working days”. “Delivery aims may not apply to some postcodes.” Our next day courier aims to deliver the next working day after we send your order, where available. The courier company can vary. Any “Est Delivery” date is an estimate. International delivery times are on our Delivery page and shown with the delivery option.

Delivery aims and estimated dates are not guaranteed arrival dates. They don’t override any delivery date we have firmly promised you, or your legal rights. Choosing a faster service doesn’t on its own guarantee an arrival date. If you need your order by a certain date, please tell us before you order.

If you’re a consumer: unless we’ve agreed a different delivery date or period, we must deliver without unnecessary delay and no later than 30 days after the day we accept your order. If we miss that deadline, you can usually give us a reasonable extra time to deliver, and cancel if we miss that too. You can cancel straight away if we refuse to deliver, or if we miss a deadline that was essential under the law, including because of the circumstances or what you told us before we accepted your order. If you cancel the whole order under these non-delivery rules, we refund everything you paid, including delivery, without unnecessary delay. If you cancel part under these rules, we refund what the law requires without unnecessary delay.

When you use one of our delivery services, the goods are our responsibility until you, or someone you’ve chosen to receive them, actually receive the goods. A late parcel doesn’t automatically mean a refund of the delivery charge, but you will get any refund or compensation we owe because we broke the contract or the law.

If your parcel is late or looks lost, email sales@toolbuyer.co.uk with your order number. You don’t have to wait a set number of days, or for the carrier to say it’s lost, before using your legal rights.

For trade account orders, clause 5.2 of our Trade Account Terms covers delivery times and clause 5.1 covers trade delivery charges and free delivery. For all business purchases, clause 9 of those terms covers our liability, as explained in clause 1.14.

Address changes, failed deliveries, returned parcels and extra delivery or return costs are explained in section 6 of our Delivery page, which is part of these terms.

Cancelling, returns and refunds

1.18 Who this section is for. Clauses 1.19 to 1.23 are for consumers buying on our website. They cover cancelling or returning goods because you changed your mind. Your rights for goods that are faulty, wrong or not as described are separate. Business customers don’t have a legal right to cancel for a change of mind. Our returns policy for business customers is in section 6 of our Trade Account Terms.

1.19 Your 14 days to cancel. You can cancel your order without giving a reason, from when you place it until 14 days after the day you (or someone you’ve chosen, other than the carrier) receive the goods. If your order arrives in more than one delivery, the 14 days start from the last one. If the law gives you longer, you get longer. If a legal deadline falls on a Saturday, Sunday or bank holiday, it moves to the next working day. If an item can’t be cancelled under the law, we’ll tell you before you order.

1.20 How to cancel. Tell us clearly that you want to cancel. Please email sales@toolbuyer.co.uk or write to First Point Midlands Ltd, 52a Lichfield Road, Brownhills WS8 6HT, so there is a written record. You can also use our online returns page or our cancellation form. Please give your order number, or enough details for us to find your order and the items. You don’t need our approval, a return number or a particular form. Any other clear message saying you want to cancel also counts. As long as you send it before the deadline, you are in time.

1.21 Sending goods back after cancelling. Unless we’ve offered to collect them, send the goods back without unnecessary delay, and within 14 days after the day you tell us you’re cancelling, to: First Point Midlands Ltd, 52a Lichfield Road, Brownhills WS8 6HT. You pay the cost of sending them back, unless we’ve agreed to pay or the law says we must. If you ask us to arrange a collection you pay for, we’ll agree the cost with you before booking it and may take that agreed cost off your refund. Large items that can’t go by post may need a courier: this usually costs about £50 and can cost up to £200, unless we gave you a different estimate before you ordered. You can use any suitable carrier. Take reasonable care of the goods and pack them securely, with all parts and accessories. You don’t need the original box. Keep proof that you sent them. We recommend a tracked service with enough compensation cover, but you don’t have to use one to cancel. A carrier’s receipt or tracking showing the parcel was accepted and where it’s going is normally good proof, and we’ll consider other reliable evidence too. A booking or an unused postage label on its own doesn’t prove the goods were sent.

1.22 Our extra 30-day returns offer. This is on top of your legal rights. If your legal cancellation period has ended, you can still return goods under this offer by telling us in writing within 30 days after the day of delivery (from the last delivery, if your order came in parts). Email us, write to us or use our online returns page. The goods must be unused, not fitted, undamaged and complete, in their original packaging with all accessories and instructions, so we can sell them as new. Send them to our returns address within 14 days after the day you tell us. You pay the return postage and must use a tracked service, unless you bring them to us or we agree another way. If you arrange the return, the goods are your responsibility until we receive them, unless any loss or damage is our fault. If we arrange collection, they become our responsibility once our carrier collects them. If we ask you to wait for our instructions before sending the goods, your 14 days start the day after we send them, and we use the date you first told us you wanted to return the goods to check whether you met the 30-day deadline. This applies only to our extra offer. For this offer we refund once we have received and checked the goods: proof of sending isn’t enough. But we won’t refuse a refund just because the tracking didn’t update, if we have received the goods. These conditions don’t apply if you’re using your legal right to cancel, or another legal right.

1.23 Refunds. If you use your legal right to cancel, we refund without unnecessary delay and no later than 14 days after the day we receive the goods back or, if earlier, receive your proof of sending. If we offered to collect the goods, or we hadn’t sent them yet, we refund without unnecessary delay and no later than 14 days after the day you tell us you are cancelling. If you cancel your whole order, we refund the price of the goods and the delivery charge, up to the cost of our cheapest standard delivery for those goods and your address. If you chose a more expensive delivery service, we don’t refund the extra. If delivery was free, we don’t take a delivery charge off your refund.

You can handle the goods as you would in a shop to see what they are, how they work and what they’re like. Opening the packaging to look at them is fine. If you handle them more than that and they lose value, we may take off the amount they’ve actually lost. We can’t deduct or recover this lost value if we didn’t give you the cancellation information the law requires. We don’t charge cancellation, admin or restocking fees. If we’ve already refunded you, we may ask you to pay back an amount for lost value that the law allows (regulation 34(9) to (10) of the Consumer Contracts Regulations 2013). This doesn’t stop a separate legal claim for dishonesty, or for loss or damage you are legally responsible for. We will explain any claim and how we worked it out. None of this lets us delay a refund the law says we must pay.

For returns under our extra 30-day offer, we refund the price of goods that meet clause 1.22 within 14 days of receiving them, including time to check them. We don’t refund the original delivery charge or return postage under that offer. If the goods don’t meet the conditions, we’ll tell you why, and you can collect them or pay for us to send them back to you.

We refund to the payment method you used, unless you clearly agree to something else. We don’t charge a fee for refunds. Nothing in these change-of-mind rules limits any refund or compensation we owe because we broke the contract or supplied goods that don’t meet your legal rights.

1.24 Items you can’t cancel for a change of mind. The legal right to cancel doesn’t apply to:

• items made to your own specification, or clearly personalised;
• sealed items that can’t be returned for health or hygiene reasons, once you have unsealed them; or
• goods that, because of their nature, become mixed with other items after delivery and cannot be separated again.

Choosing a standard option, such as a size or colour, doesn’t make an item personalised. We’ll tell you before you order if one of these applies. These items are also not covered by our extra 30-day offer. This doesn’t affect your rights if they are faulty, wrong or not as described.

1.25 Faulty goods. By law, the goods we sell must be as described, of satisfactory quality and fit for purpose. We don’t offer an extra guarantee of our own. If something is wrong, email sales@toolbuyer.co.uk, write to our returns address or use our online returns page. Give your order number (or other proof of purchase), tell us what’s wrong and send photos if you can. We’ll put it right as the law requires and pay the reasonable return or delivery costs the law says we must pay. See Faulty goods: your legal rights.

Age-restricted (18+) products

1.26 We only sell some products to people aged 18 or over, because the law says so or because of our own safety policy. These include knives, blades, axes and some other items. They are marked “Age-restricted item – 18+ only” on the product page.

1.27 We won’t accept an order with an 18+ item until the age and identity check has been passed. The person placing the order must use their own ID and do one of these:

(a) Before paying, do the online check with Didit, using a photo of your own passport or UK photocard driving licence and a selfie. We use the result and its reference to check the order.

(b) If you can’t do the online check, choose the “email us your ID” option when you order. Then email sales@toolbuyer.co.uk with your order number, a clear photo of your own passport, UK driving licence or PASS card showing your name, date of birth and photo, and a photo of you holding it. We hold your order until we’ve checked them.

For a personal order, the buyer’s name must match the ID. For a business order, tell us both the business that is buying and the person placing the order. Checking that person doesn’t make them the buyer if they are acting for a company.

If we don’t get the ID photos within 7 days of the order, we cancel it and refund everything you paid. We also cancel and refund if the check shows the person is under 18, or if we can’t complete the check properly. Our Privacy Notice explains how we handle ID information and photos.

Passing the check doesn’t on its own mean we’ve accepted your order. Clause 1.13 explains acceptance.

1.28 We only deliver 18+ products to addresses in England, Scotland, Wales and Northern Ireland, using a delivery service with an age check. We can’t send them to PO boxes, parcel lockers, the Channel Islands, the Isle of Man or abroad. The parcel will only be handed to someone aged 18 or over, who may be asked for photo ID. It won’t be left in a safe place or unattended.

If the delivery service you chose isn’t available, we’ll ask whether you agree to another suitable service with an age check. If it’s cheaper, we refund the difference, and we won’t charge more without your agreement. If you don’t agree to another service, you can cancel for a full refund.

You can only ask to change the address on an 18+ order before we send it, by email or using “Change address” online. The order must stay in the name of the person who passed the check (and the same business, for business orders). The new address must be in England, Scotland, Wales or Northern Ireland, and not a PO box, locker or pick-up point. We may need to do more checks, and the change only happens once we confirm it by email. The parcel must still go by an age-checked service. We don’t arrange or allow redirection after the parcel has been sent. This doesn’t stop you collecting it from the carrier, with an age check, after a missed delivery, or using our Click & Collect under clause 1.29.

1.29 Click & Collect. You can collect from Brownhills WS8. You must prove your age as set out in clause 1.27 before we hand over an order with 18+ items. 18+ items are only handed to someone aged 18 or over, who may be asked for photo ID. If someone collects for you, they must be 18 or over and bring your order number.

If you don’t collect. For all Click & Collect orders, including orders without 18+ items, please collect within 14 days of our “ready to collect” email, unless we agree a different time. If the last day falls on a day we’re closed, you can collect on the next day we’re open. We’ll send you a reminder before the time runs out. If you still haven’t collected and we haven’t agreed more time, we may cancel the uncollected items and refund everything you paid for them as soon as possible. We don’t charge for storage, admin or restocking. Any cancellation rights you have still apply before collection.

1.30 We may refuse an order, or cancel it before handing over the 18+ items, if the age or ID check can’t be completed, or if we have good reason to think the buyer is under 18 or is buying for someone under 18.

If a law requiring sellers to report bulk purchases of knives or other bladed items is in force and applies to a purchase, we will give the police the information that law requires.

1.31 If we cancel an order under this section, or you cancel because we can’t agree a suitable delivery service, we refund everything you paid for that order, including delivery, as soon as possible and within 14 days of cancelling. We refund to the payment method you used unless you clearly agree otherwise, and we don’t charge a refund fee.

Your rights to cancel and get a refund under clauses 1.18 to 1.23 still apply, including after we’ve sent the order and for online orders you collect. Nothing in this section reduces your legal rights, including if goods are faulty, not as described or not delivered.

Trade accounts

Our Trade Account Terms apply, alongside these terms, to business purchases made through an approved trade account. The start of those terms explains which terms come first. Having a trade account doesn’t remove consumer rights the law gives you when a purchase is legally a consumer purchase.

Events outside our control

If something truly outside our reasonable control affects your order, we’ll contact you as soon as possible and do what we reasonably can to reduce the effect. Examples include extreme weather, widespread transport disruption or unexpected customs restrictions. A strike, stock shortage, or a supplier or carrier letting us down is not automatically outside our control: it depends on the cause and what we could reasonably have done about it. This doesn’t automatically extend an agreed delivery date, make the goods your responsibility in transit, or remove any right you have to cancel, get a refund or anything else under the contract or the law. Consumer delivery rights are in clause 1.17.

Which version of these terms applies

The terms shown when you place your order apply to that order, along with any changes we clearly agree with you before the contract is made. We may update these terms for future orders. Publishing new terms doesn’t change a contract you already have. An existing contract can only change if we both agree, or if a change in the law requires it.

If part of these terms can’t be enforced

If any part of these terms is unlawful or can’t be enforced, the rest still applies as far as the law allows.

Other people’s rights

Nobody else has a right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999. This doesn’t affect any right they have separately from that Act. Where our Trade Account Terms apply, their rules on this apply instead.

How we contact each other

We normally contact you about orders by email, using the address you give us. Please keep your contact details up to date and tell us if they change. You can contact us at sales@toolbuyer.co.uk or write to First Point Midlands Ltd trading as ToolBuyer, 52a Lichfield Road, Brownhills WS8 6HT. This doesn’t stop a consumer cancelling or using another legal right in any way the law allows. Where there is a legal deadline to cancel, sending a clear message before the deadline is enough. These terms do not mean we agree to accept formal service of court papers by email. The court rules and any court order apply. Emails about your order don’t mean you have agreed to receive marketing.

Complaints

If you want to complain, email complaints@toolbuyer.co.uk (or sales@toolbuyer.co.uk) or write to First Point Midlands Ltd trading as ToolBuyer, 52a Lichfield Road, Brownhills WS8 6HT. Please give your order number (or other purchase details), tell us what went wrong and what you would like us to do. We’ll look into it and explain our response. When we tell you the outcome, we’ll also tell you about any independent dispute resolution (ADR) or other scheme available for your complaint and how to use it. We haven’t signed up to a voluntary ADR scheme, but we may agree to use one for a particular dispute. This doesn’t affect any scheme we have to take part in by law or contract. Our complaints process never delays a refund the law says we must pay, or stops you using your legal rights, including going to court.

Law and courts

These terms are governed by the law of England and Wales. If you buy as a consumer, you keep any protections that must apply under the law where you live and any right the law gives you to use your local courts. Consumers living in Scotland or Northern Ireland can bring proceedings in their local courts.

Our website content

All product descriptions, images, text and other content on this website belong to First Point Midlands Ltd (trading as ToolBuyer) or the people who license it to us, and are protected by copyright. Apart from the uses allowed in clause 1.3 or by law, you must not copy, reproduce, republish, scrape or otherwise use our protected content for commercial purposes without our written permission. If you do, we may take legal action.