Terms and Conditions
Consumer Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING YOUR ORDER
1.1 includes email and facsimile transmission; and ‘you’ and ‘your’ means any person who purchases Goods from us.
1.2 Reference in these Terms to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2 BASIS OF THE SALE
2.1 Any Sales Material are issued solely to provide you with an approximate idea of the Goods they describe. They do not form part of the Contract.
2.2 If any of these Terms are inconsistent with the terms of the Order, the Order shall prevail.
2.3 Any typographical, clerical or other error or omission in our Sales Material or other document or information issued by us shall be subject to correction without any liability on our part.
2.4 Issue you with a Written acceptance of the Order; or
3. ORDERS & SPECIFICATIONS
3.1 We reserve the right but are not obliged to survey the site where the Goods are to be installed. We will notify you if we intend to undertake such survey. If following such survey we determine that such site is unsuitable we shall be entitled to cancel your order with no liability to you other than in a refund of any sums you have paid for such Goods (less our reasonable expenses in carrying out such survey) although this does not apply to Bespoke Goods. If the site is unsuitable, in relation to Bespoke Goods we shall use our reasonable endeavours to resell or otherwise dispose of the Goods and refund to you the proceeds of such sale, after deducting reasonable storage and selling costs.
3.2 Subject to clause 7 We operate a policy of continuous product development and improvement and changes in detail may occur between order and delivery.
4 PRICE OF THE GOODS
4.1 The total price quoted for the Goods shall be inclusive of any applicable value added tax at the applicable rate and, where specified, delivery costs.
4.2 Payment for Bespoke Goods must be made in full at the time you place your Order. Payment for all other Goods must be made in full in advance of delivery by cash, cleared funds, credit or debit card.
4.3 Clause 4.2 shall not apply for the period of dispute if you dispute the payment in good faith and let us know promptly after you have received the invoice that you dispute it.
4.4 Delivery of the Order shall be completed at the earlier of when we: 5.1.1 notify you the Goods are ready for collection.
5.1 If you Order multiple Goods we may deliver them in instalments and if so there will be no additional delivery fee incurred.
5.2 and may charge you a reasonable sum to cover expenses and insurance. We shall have no liability to you for such late delivery.
5.3 If you have not taken delivery of the Goods within 30 working days of our notifying you that they are ready for deliver or collection, we may, after giving a reasonable prior notice in writing, resell or otherwise dispose of part of all of the Goods. Our liability to you in such event shall be, at our sole option, to replace such Goods within a reasonable time-scale or refund to you the price at which we sold such Goods after deducting reasonable storage and selling costs.
6 RISK AND PROPERTY
6.1 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
7 You must examine the Goods on delivery and in any event prior to installation. If there is any defect in the Goods which would be apparent upon inspection and it is not reported to us prior to installation we shall not be liable for any losses (for example re-installation or redecoration) incurred as a result of your failure to inspect the goods and enable us to remedy such defect prior to installation.
7.1 Where we have agreed to install the Goods as specified on the Order we will provide these services to you on the following terms.
8. INSTALLATION SERVICES
8.1 Any dates are an estimate only and we will take reasonable steps to meet the date for installation set out on the Order or as otherwise agreed between you and us. However, provision of the installation services may be affected by a variety of factors and so cannot be guaranteed. We will let you know if we become aware of any unexpected delay and will arrange a new date with you on which to install the Goods.
8.2 In the unlikely event that there is any defect with the installation of the Goods:
8.3 we will use every effort to repair or fix the defect as soon as reasonably practicable.
9. NATURAL PRODUCTS
9.1 Some chipping of the edges of the external returns of legs, back edges of shelves, back panels and slips during transit or fitting is inevitable. These edges should be hidden when rebated behind the fireplace opening or chased into the wall. Again, this will not be a defect in the Goods provided such chips are not detrimental to the finished overall appearance of the fireplace.
9.2 Fuel bed ceramics used in gas fires may crack in use due to natural shrinkage and this is normal. Carbon deposits are a normal by-product of the combustion process and pebble ceramics may be affected.
10 SUBJECT TO CLAUSE
10.1 does not apply to Bespoke
10.2 From the date commencing after you place your Order you have 7 days (the cooling off period) in which to cancel the Order, subject to clauses 10.5 and 10.6 below, to obtain a full refund of any price already paid. The refund will be made within 30 days of us receiving the notification that you want to cancel the Order. No reason for the Order cancellation is needed.
10.3 Otherwise than as provided by this clause 10 once we have accepted your Order you cannot cancel it. Any cancellation outside of the scope of this clause 10 shall be at our sole discretion.
11 CANCELLATION BY US
11.1 If an Order is cancelled by us, if payment has been made by you, we will refund any amount paid by you.
12.1 Subject to clause 7 conform in all material respects with their description and sample subject to any qualification or representation contained in the Sales Materials, Website, in the brochures, advertisements, other documentation or these Terms;
12.1.2 be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;
12.1.3 comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom , Europe and North America .
12.2 The warranty shall have no effect if:
12.2.1 you do not have the Goods serviced annually where this is a requirement of any warranty given, and confirmed in Writing.
12.2.2 arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in Writing), misuse, alteration or repair of the Goods without our prior Written approval; or
12.3 Any Sales Materials are intended as guides only and we do not warrant any information or illustrations contained therein.
12.4 In the unlikely event that the Goods do not conform to these Terms, please let us know in Writing as soon as possible after delivery. We will collect the Goods on a date agreed between us or ask you to return the Goods to us at our cost and once we have checked that the Goods are faulty, we will at our sole discretion:
13. DEFECTIVE GOODS AND RETURNS
13.1 In the unlikely event that the Goods do not conform to these Terms, please let us know in Writing as soon as possible after delivery. We will collect the Goods on a date agreed between us or ask you to return the Goods to us at our cost and once we have checked that the Goods are faulty, we will at our sole discretion:
13.1.1 replace the Goods; or
13.1.2 If upon our inspection we decide at our reasonable opinion that the defect or defects have been caused by your negligence and/or alteration and/or modification and/or misuse of the Goods we are not obliged to refund, replace or repair the Goods and we will notify you in Writing and you will need to make provisions to collect the Goods from us at your expense.
13.2 If upon our inspection we decide at our reasonable opinion that the defect or defects have been caused by your negligence and/or alteration and/or modification and/or misuse of the Goods we are not obliged to refund, replace or repair the Goods and we will notify you in Writing and you will need to make provisions to collect the Goods from us at your expense.
13.3 These Terms will apply to any repaired or replacement Goods we supply to you.
14 LIMITATION OF LIABILITY
14.1 Subject to clause 14.2 , if either you or we fail to comply with these Terms, neither you nor we (as appropriate) shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms including but not limited to:
14.1.1 loss of income or revenue;
14.1.2 loss of business;
14.1.3 loss of data; or
14.1.4 Nothing in these Terms excludes or limits in any way our liability for:
14.2 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or 14.2.3 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
14.3 act of God, explosion, flood, tempest, fire or accident:
14.3.1 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
14.3.2 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of us or a third party);
14.3.3 power failure or breakdown in machinery.
15. SALE OF GOODS OUTSIDE THE UNITED KINGDOM
15.1 We cannot warrant that any Goods comply with national regulations outside the United Kingdom and Eire. If you intend to install the Goods outside these areas you may need to make modifications to the Goods to make them suitable for use to allow for local conditions or requirements. We will not be liable to make such modifications.
16.1 You may not transfer any of your rights or obligations under theses Terms to another person without our prior consent, which we will not unreasonably withhold.