Consumer Rights Act 2015 · Consumer Contracts Regulations 2013
Returns & refunds
We sell medical devices. That puts a real hygiene constraint on returns — once a sealed instrument has been opened, we can't restock it. This page sets out exactly what we accept back, what we don't, and what your statutory rights are either way.
1. Your statutory rights
Nothing in this policy reduces the rights you have under UK consumer law. The Consumer Rights Act 2015 gives you statutory rights when goods are not as described, not of satisfactory quality, or not fit for purpose — and the Consumer Contracts Regulations 2013 give you a 14-day right to change your mind on most online purchases. We go further than the statutory minimum: our voluntary returns window on sealed items is 30 days (section 2).
Our additional terms below set out how we operate, but they sit on top of (not in place of) those statutory rights. If anything below conflicts with consumer law, the law wins.
2. Sealed instruments — 30-day return window
If an instrument arrives in its original sealed packaging and you haven't broken the seal, you can return it for a full refund within 30 days of receipt. This is our voluntary returns window — it goes beyond the 14-day statutory cancellation period under the Consumer Contracts Regulations 2013, and your statutory rights are unaffected by it.
Conditions:
- The factory seal must be intact. Instruments supplied in branded peel-pouches are sealed; instruments supplied in cassette trays or with shrink-wrap are sealed.
- All accessories (case, foam insert, instruction-for-use leaflet) must be returned with the instrument.
- You cover the return postage. We don't deduct a restocking fee — but if items arrive back damaged because of how they were packed, we may reduce the refund accordingly (consistent with Regulation 34 of the Consumer Contracts Regulations 2013).
3. Opened instruments — non-returnable for hygiene
Once the factory seal is broken, an instrument cannot be returned for refund. This is the standard medical-device retail position and it reflects two things:
- Hygiene risk: a re-sold opened instrument is a clinical infection-control risk. Even with sterilisation, the trust chain is broken.
- Regulation 28 / Schedule 1 paragraph (b) of the Consumer Contracts Regulations 2013, which excludes the change-of-mind right for "goods which are liable to deteriorate or expire rapidly" and "sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery".
Faulty or damaged instruments are a separate matter and DO remain returnable — see below.
4. Faulty, damaged, or wrong items — 30-day window
If an instrument is faulty, damaged in transit, or doesn't match what you ordered, you have 30 days from receipt to reject it and ask for a full refund under section 22 of the Consumer Rights Act 2015. This applies regardless of seal status — opened or sealed.
What we do:
- Reply to your complaint within 1 working day.
- Either send a replacement at no cost to you, or refund in full including the original postage.
- Pay return postage where the fault is ours (defective product, wrong item shipped, damaged in transit).
- Add the report to our post-market surveillance log per UK MDR 2002 reg. 44, and escalate to the manufacturer (PIK PAK Industries) and EU Authorised Representative (IBC Sweden) if the fault has safety implications.
5. Trade accounts
Practices, laboratories, schools, hospitals, and group purchasing organisations buying under a trade account get the same statutory rights, plus:
- Bulk-order accommodations — if a clinical assessment shows a whole batch needs replacing (e.g. a manufacturing defect), we'll replace or refund the entire batch including any units already opened for inspection.
- Account credit options instead of refund-to-card where preferred.
- Direct line to the procurement team for return logistics on larger orders.
Trade-account returns: email info@toolsmithltd.co.uk with your account number and we'll send return labels.
6. How to return an item
- Email us first: info@toolsmithltd.co.uk with your order number and reason for return. Don't post anything back yet — we'll confirm the return is eligible and send instructions.
- Pack it securely: original packaging where possible. Sealed instruments must remain sealed.
- Use tracked postage: we recommend Royal Mail Signed For or a courier with tracking. We're not responsible for items lost on the way back.
- Send to:
Returns Department
Toolsmith Ltd
39 Heather Road
Small Heath, Birmingham
B10 9TE, United Kingdom - Include the RMA reference we send you in the email — without it, processing is delayed.
7. When you get the refund
We refund to the original payment method within 7 working days of receiving the returned item (or 14 days of you notifying us, whichever is sooner — per regulation 34 of the Consumer Contracts Regulations 2013).
Refund includes the price you paid and the original standard delivery cost. If you chose a premium delivery option (next-day, Saturday, etc.) we refund only up to our standard delivery rate.
The refund posts to your bank typically within 2-5 working days depending on your card issuer. We have no control over that final step.
8. International & EU customers
We ship worldwide. Customers in the EU/EEA keep the statutory cancellation and conformity rights granted by their own country's consumer law — including, in most cases, a 14-day right to withdraw from a distance purchase under the EU Consumer Rights Directive (2011/83/EU). Those rights apply alongside this policy and are not removed by our choice of English & Welsh law.
As with UK orders, the health-and-hygiene exemption still applies: a sealed instrument that has been opened cannot be returned for change of mind, and your rights over faulty or misdescribed goods are unaffected. Return postage for international change-of-mind returns is the customer's responsibility; we cover it for faulty or incorrect items.