Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
JCB Tools are sold under license by GENPOWER LTD
All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
COPYRIGHT
The entire content included in our site, including but not limited to text, graphics or code is copyrighted as a collective work under the United Kingdom and other copyright laws and territories, and is the property of Genpower Ltd. The collective work includes works that are licensed to Genpower Ltd. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Genpower Ltd or purchasing JCB Tools products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with JCB Tools or to purchase JCB Tools products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Genpower Ltd you further agree not to change or delete any proprietary notices from materials downloaded from the site.
TRADEMARKS
All trademarks, service marks and trade names of JCB Tools used in the site are trademarks or registered trademarks of JCB Tools.
WARRANTY DISCLAIMER
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, JCB Tools disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. JCB Tools does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. JCB Tools does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
JCB Tools
Warranties for JCB Tools are maintained in the United Kingdom by Genpower Ltd. Information on registering a guarantee for any JCB Tools product purchased through JCB Tools website.
BUYER STATEMENT
JCB Tools does not in any way, warrant that you, the buyer, can lawfully purchase, possess, carry or use any item which you may order, under any applicable UK and / or local laws. You, as buyer, warrant that you have checked those laws, that you are of legal age to purchase these items and that you are not under any legal disability which would in any way affect your ability to lawfully purchase them.
LIMITATION OF LIABILITY
JCB Tools shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if JCB Tools has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
TYPOGRAPHICAL ERRORS
In the event that a JCB Tools product is mistakenly listed at an incorrect price, JCB Tools reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. JCB Tools reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, JCB Tools shall issue a credit to your credit card account in the amount of the incorrect price.
TERMINATION
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by JCB Tools without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Genpower. Ltd, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions.
NOTICE
JCB Tools may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to JCB Tools.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a JCB Tools or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
PARTICIPATION DISCLAIMER
JCB Tools does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, JCB Tools is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, JCB Tools reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to JCB Tools in its sole discretion.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless JCB Tools, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, JCB Tools may link to sites operated by third parties. However, even if the third party is affiliated with JCB Tools, JCB Tools has no control over these linked sites, all of which have separate privacy and data collection practices, independent of JCB Tools. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, JCB Tools seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
OUR PAYMENT POLICY
Ownership of any and all items/goods, forming an order, shall not pass to You, the buyer, until payment has been made in full. All Goods and packaging received by You, will be maintained in a satisfactory condition and be satisfactorily insured against all risks until full payment relating to the Order is received by Us. Under certain conditions Your rights to possession of the Items/Goods can be terminated, in relation to, but not restricted to, having a bankruptcy order made against You, or You enter into liquidation. You agree that We, or Our representatives, may enter any premises where Items/Goods are or may be stored in order to inspect them, or recover them where possession has been terminated.
Cheques received with orders will be deposited on receipt. Back ordered items will not be charged until the item is in stock or available for delivery. We reserve the right to verify funds with your bank before delivery, which may cause a delay of up to 5 working days. A £15 service charge will be made on all returned cheques.
DIVISIBILITY CLAUSE
JCB Tools reserves the right to make deliveries/and or services by instalments and to render a separate invoice in respect of each such instalment.
(B) If JCB Tools exercises its right to make deliveries/and or services in accordance with sub-paragraph (A) above, then any delay in the provision of such deliveries/and or services, or failure to deliver any further instalment or instalments, shall not entitle the Buyer to reject the Contract or the delivery/service of any other instalment or to withhold payment in respect of any instalment previously delivered/serviced.
VIRUSES
Although Genpower Ltd operates a secure and compliant website, we will not be held liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
INTELLECTUAL PROPERTY, MATERIALS AND CONTENT
The copyright and intellectual property rights of all website content, products and services made available to you on or through this website remains the property of Genpower Ltd and are protected by copyright laws and treaties around the world. All such rights are reserved by Genpower Ltd and you are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the materials or content or (copies thereof) supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise (unless by prior written authorisation).
All visitors to our website are subject to our terms and conditions and must abide by the below terms: –
You may not use our site, content or materials for any unlawful purpose(s) or in any way that breaches any applicable local, national or international law or regulation
You may not reproduce, duplicate, copy or resell any part of our site or materials in a way that contravenes the terms and conditions stated here or in any way that breaches copyright or intellectual property right law
You may not use, damage or access any part of our site, network or servers on which materials, software, applications or equipment are stored
Where Genpower Ltd identify or have been advised of any breach to our terms in relation to our website content, materials or products, we will take such action as we deem appropriate. We reserve the right to withdraw access to our website and materials in the event of a breach of terms and where applicable will issue you with a legal warning prior to: –
Instigating legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach
Taking further legal action against you
Disclosing any such information to law enforcement authorities as we feel is necessary and appropriate
Reporting any suspected copyright of intellectual property crime to Trading Standards and/or the Intellectual Property Office (IPO)
The actions noted above are not limited and where applicable, Genpower Ltd will take alternate or further actions as deemed appropriate. We exclude any liability for actions taken with regards to breaches of our terms and conditions.
TERMS OF SALE
By placing an order on this website, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
All products are provided to our customers on the basis as described in each product listing.
Genpower Ltd retains the right to refuse any order made and where payment has been made in this instance, a full refund and refusal explanation will be provided. If your order is accepted we will inform you by email and will confirm your order and provide you with a purchase order receipt.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
(A) OUR CONTRACT
When you place an order, you will receive an acknowledgement e-mail confirming that payment has been received and your order will be attached to that email. Where BACS payments are made, an acknowledgement email will be sent in the first instance. A further email with your order attached will be sent once funds have been received. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(B) PRICING AND AVAILABILITY
Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
(C) PAYMENT
All products available on our website are provided on a payment up-front basis. Once you place your order, you will be given the option of making an immediate payment by debit or credit card using our payment gateway with Stripe, ClearPay, Tower Finance, or to make a BACS bank transfer.
Only upon receipt of the full payment will your products be dispatched to you. Genpower Ltd utilises Stripe for all credit/debit card transactions, which is a secure payment gateway and guarantees PCI compliance and a secure server transaction. Where customers choose to make payment via debit/credit card, your payment will be processed on our website, however all card details are processed directly with Stripe via a secure page and are not made available to Genpower Ltd at any point. When providing your card details, Stripe acts as a joint controller and their terms and privacy policy can be accessed via our Privacy Policy page.
(D) RECEIPT OF PRODUCTS/SERVICES & REFUNDS
Once an order has been placed, accepted and paid for, your product will be dispatched in a timely manner with tracking information provided by email. We offer a 30-Day no hassle return and refund policy. All purchases outside of this term are subject to our warranty terms and conditions. ACCEPTING DELIVERY: Please be aware that you MUST check the condition of your product(s) IMMEDIATELY upon delivery. If an item is delivered damaged you must notify us within 48 hours. We cannot consider claims for transit damage beyond 48 hours following delivery. This does not affect your statutory rights.
(E) REGULATORY, LEGAL AND STATUTORY COMPLIANCE
Genpower Ltd makes every effort to ensure that our products, information and website content is up-to-date and accurate, however it is the purchasers overall responsibility to ensure that they are compliant with all regulatory, legal and statutory laws, regulations and guidelines as they apply to their business, sector and industry.
Genpower Ltd offers products and templates that have been developed to aid and complement an existing compliance and business document program and our products should not solely be relied upon to ensure complete compliance with regulatory and legal requirements. We will not be held liable for any firm who is deemed none compliant where our products have been used without amendment and/or business suitability adjustments being made.
(F) UPDATES
Genpower Ltd make every effort to stay ahead of the legislative, regulatory and industry updates, changes and additions that come under the services offered by us. We provide free annual document updates to customers; however it is your sole responsibility to ensure that the content of any compliance material is current, up-to-date and compliant.
DISCLAIMER OF LIABILITY
The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Genpower Ltd hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website.
Please note:** All transit damage is to be reported within in seven days of receipt of your item. Failure to report this within the allotted period, will lead to your claim not being processed and loss of any possible action from the carrier or the supplier.
DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this website are in no way associated, linked or affiliated with Genpower Ltd and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Genpower Ltd.
VARIATION
Genpower Ltd shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this website.
COMPLAINTS
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. These can be sent to complaints@genpower.co.uk or by post to Aftersales, Genpower Ltd, Issac Way, Pembroke Dock, Pembrokeshire, SA72 4RW.
RESPONSIBILITY
Businesses and/or individuals purchasing and/or using any products or services supplied by Genpower Ltd accept our terms and conditions and agree to take full responsibility for ensuring their compliance with all regulatory, legal and statutory laws and requirements. The use of any Know Your Limited Compliance product or service is intended as an aid to becoming and remaining compliant as oppose to being used as a ready or complete solution.
By purchasing any of our products, you are accepting our terms and conditions and acknowledge and agree that you are solely responsible for managing your business, for taking all decisions in respect of risk and/or compliance and other operational matters and for using your judgement to consider whether or not to implement any or part of the products, guidance and information provided by Genpower Ltd.