Consumer Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING YOUR ORDER
1.1 In these Terms, the following definitions apply:
‘Bespoke Goods’ means Goods for which you have provided dimensions and/or specifications to us;
'Contract'means the contract for the purchase and the sale of Goods;
'Goods' means any goods (including any instalment of the Goods or any parts for them) specified in the Order to be supplied by us to you and includes Bespoke Goods;
'Order' means your order for Goods submitted via our Website or by other offline means;
‘Sales Material’ includes but is not limited to samples, drawings, descriptions or advertisement we issue, including those in our catalogues, brochures and Website;
‘Terms’ means these standard terms and conditions of the sale and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between you and us;
‘User Guide’ means the information on installation and use provided by us and updated from time to time and available on request and on our Website;
'Warranty'means our warranty in respect of the Goods set out in clause 12.1 ;
'we', 'us' and ‘our’ means Acquisitions (Fireplaces) Limited (registered inEngland under number 1413462) whose registered office is 5th Floor Tennyson House,159-165 Great Portland Street ,LondonW1W 5PAor our authorised agents;
‘Writing' and ‘Written’ includes email and facsimile transmission; and
‘you’and ‘your’ means any person who purchases Goods from us.
1.2 Headings do not affect the interpretation of these Terms.
1.3 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 THESALE
2.1 These Terms and your Order are considered by us to set out the whole agreement between you and us for the sale of the Goods. Please check that the details in your Order are complete and accurate before you commit yourself to the Contract. If you think there are any mistakes, please make sure we confirm any changes in Writing by our authorised employees or agents. Please ensure that you read and understand these Terms before you place an Order, because you will be bound by these Terms once a Contract is formed in accordance with clause 3.1 .
2.2 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.
2.3 Any small variation or change in the colour, design, material or pattern between the description in the Sales Material and the Goods delivered to you shall not entitle you to refuse the Goods and we shall not be liable for any such variation.
2.4 If any of these Terms are inconsistent with the terms of the Order, the Order shall prevail.
2.5 Any advice or recommendation given by us or our employees or agents to you as to the storage, application or use of the Goods which is not confirmed in Writing by us, is followed or acted upon entirely at your own risk, and accordingly we shall not be liable for any such advice or recommendation which is not so confirmed in writing.
2.6 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.
2.7 We have the right to amend these Terms from time to time. Your Order will be subject to the version of these Terms in force at time you Order Goods from us, unless any change to these Terms is required by law or regulatory authority.
3 ORDERS AND SPECIFICATIONS
3.1 No Order submitted by you shall be deemed to be accepted by us and such Order shall only become binding on you and us at the earlier of when we:
3.1.1 issue you with a Written acceptance of the Order; or
3.1.2 deliver the Goods to you.
3.2 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.
3.3 You shall be responsible to us for ensuring the accuracy of the terms of any Order (including any applicable specification) you submit and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
3.4 Subject to clause7and clause 9 , the quality, quantity and description of and any specification for the Goods shall be those set out in our acceptance of the Order. You should inspect our sample of the surround you order as the Goods, will match such sample in all material respects.
3.5 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 price of the Goods shall be our quoted price by us, where no price has been quoted (or a quoted price is no longer valid), the price listed at the time of your Order. All prices quoted are valid for 30 days only or until earlier acceptance by you, after which time they may be altered by us by giving notice to you prior to accepting your Order.
4.2 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.
4.3 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.
4.4 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we many cancel or suspend the Order and/or any other outstanding Order until you have paid the outstanding amounts.
4.5 Clause 4.4 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.
4.6 The price of the Goods does not include installation and we shall not be liable to you for incorrect installation of the Goods or damage to the Goods during installation. We recommend you read the User Guide for further information.
5.1 Delivery of the Order shall be completed at the earlier of when we:
5.1.1 deliver the Goods to the delivery address specified on your Order; or
5.1.2 notify you the Goods are ready for collection.
5.2 Delivery dates are an estimate only and we will take reasonable steps to meet the delivery date set out on the Order or as otherwise agreed between you and us. However, delivery 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 delivery date with you.
5.3 If you Order multiple Goods we may deliver them in instalments and if so there will be no additional delivery fee incurred.
5.4 If you fail to take delivery of an Order within 30 working days of the date on which we notify you that the Goods are ready, then, except where this failure is a result of our failure to comply with these Terms or by an event beyond your control, we will store the Goods until delivery takes place or we sell them in accordance with clause5.5and may charge you a reasonable sum to cover expenses and insurance. We shall have no liability to you for such late delivery.
5.5 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 The Goods will be your responsibility from the time we deliver the Goods to you or from the date you collect the Goods from us.
6.2 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 INSPECTION AND INSTALLATION
7.1 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.
7.2 All dimensions and specifications quoted by us are approximate and subject to change by us without notice to you. Dimensions must be physically checked by you prior to installation, cutting fireplace materials and/or constructing a false chimney breast. We shall not be liable for any losses (for example re-installation or redecoration) incurred as a result of your failure to make the necessary preparations, inspect the goods and enable us to remedy such defect prior to installation.
8 INSTALLATION SERVICES
8.1 Where we have agreed to install the Goods as specified on the Order we will provide these services to you on the following terms.
8.2 We may use a third party toinstall the Goods on our behalf with or without notice to you.
8.3 Any dates are an estimate only and we will take reasonable steps to meet the datefor installation set out on the Order or as otherwise agreed between you and us. However, provision of theinstallation 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.
8.4 We may need certain information from you and/or we may need to carry out a site survey prior as may necessary for us to provide theinstallation services. We will contact you in Writing about this. If you do not, after being asked by us, provide us with this information or the opportunity to carry out the site survey, or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required. We will not be liable for any delay or non-performance where you have not provided this information to us, or given us access to carry out a survey after we have asked. If we suspend theinstallation services under this clause, this does not affect your obligation to pay for any invoices we have already sent you.
8.5 In the unlikely event that there is any defect with theinstallation of the Goods:
8.5.1 please contact us and tell us as soon as reasonably possible so we have the opportunity to repair or fix any defect; and
8.5.2 we will use every effort to repair or fix the defect as soon as reasonably practicable.
8.6 You will not have to pay for us to repair or fix a defect which is caused by the installation services.
9 NATURAL PRODUCTS
9.1 The materials we use for mantels, slips and hearths are solid natural limestone, sandstone, granite, slate or marble. The naturally occurring features in these materials are one of the beauties of the use of such materials and no two pieces are identical. In purchasing the Goods you acknowledge that the natural materials used by us may vary from sample to sample and product to product. Typical variations may include, but are not limited to, fossils, veins, shading, vents and texture. Most stone and marble is inherently unsound and may require filling where appropriate. Although beautiful, the veining or venting is in fact a weakness and may be stopped and filled. Such naturally occurring variations are not defects in the materials and we shall not be liable to you in respect of any such variation. Where filling is necessary we shall undertake such filling carefully and professionally.
9.2 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.
9.3 Quarrying and cutting involves large quantities of water which is absorbed by stone. This will result in variations in colour while drying. Shade variations may be evident after fitting as water is used during installation. In time stone will dry to a reasonably uniform appearance. Drying out times depend on the stone thickness, room ambience and installation procedure. Variations in colour due to water absorption shall not be deemed a defect of the Goods.
9.4 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 RIGHT FOR YOU TO CANCEL THE CONTRACT
10.1 Subject to clause10.2 , this clause 10 only applies where if you place your Order at a distance (on the telephone or via our Website) and you are contracting as a consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000.
10.2 This clause10does not apply to Bespoke Goodsspan style='line-height:150%;font-family:"Arial","sans-serif"'>.
10.3 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.
10.4 You must notify us in Writing of your wish to cancel the Order disclosing your name, address, phone number and Order number (if applicable).
10.5 If the Goods have been delivered to you before the time limit in clause 10.3 has expired, you must return the Goods to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Goods while they are in your possession and you must ensure the Goods are new and unused and in their original branded packaging with all manufacturers’ labels still attached when they are returned to us.
10.6 We will inspect the returned Goods on receipt. If you have failed to comply with your obligations in clause 10.5 we will not issue a refund for the Goods. If this is the case you will need to make collection of the Goods from us at your own expense.
10.7 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 We reserve the right to cancel your Order if we have inadequate stock to fulfil your Order.
11.2 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 clause7and clause 9 , we warrant that on delivery and for a period of 12 months from the date of delivery, the Goods shall:
12.1.1 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 of satisfactory quality;
12.1.3 be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;
12.1.4 be free from material defects in design, material and workmanship; and
12.1.5 comply with all applicable statutory and regulatory requirements for selling the Goods in theUnited Kingdom , Europe andNorth America .
12.2 In addition to which we shall provide to you a warranty in identical terms to any manufacturer's warranty which we receive in respect of the Goods. Details of such warranty shall be notified to you in Writing.
12.3 The warranty contained in this clause is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform to these Terms. Advice about your legal rights is available from your local Citizens Advice Bureau or trading standards office.
12.4 The warranty shall have no effect if:
12.4.1 you fail to follow the instructions in the User Guide; or
12.4.2 you do not have the Goods serviced annually where this is a requirement of any warranty given, and confirmed in Writing.
12.5 You are responsible for reading and following the instructions in our ‘Installation and Use Information’ available on request and on our Website and the warranty contained in this clause does not apply to any defect:
12.5.1 arising from fair wear and tear, wilful 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
12.5.2 any damage caused to your property as a result of installation or factors outside our control.
12.6 Any Sales Materials are intended as guides only and we do not warrant any information or illustrations contained therein.
12.7 Any warranty which exceeds 12 months does not, for the period following the first 12 months extend to parts, materials or equipment not manufactured by us, in respect of which you shall only be entitled to the benefit of such warranty or guarantee as is given by the manufacturer to us.
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 provide you with a full or partial refund; or
13.1.2 replace the Goods; or
13.1.3 repair the Goods.
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 clause14.2 , 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 profit;
14.1.3 loss of business;
14.1.4 loss of anticipated savings;
14.1.5 loss of data; or
14.1.6 any waste of time.
14.2 Nothing in these Terms excludes or limits in any way our liability for:
14.2.1 death or personal injury caused by our negligence, fraud or fraudulent misrepresentation; or
14.2.2 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 losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
14.2.4 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
14.3 We shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control:
14.3.1 act of God, explosion, flood, tempest, fire or accident:
14.3.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
14.3.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
14.3.4 import or export regulations or embargoes;
14.3.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of us or a third party);
14.3.6 difficulties in obtaining raw materials, labour, fuel parts or machinery; and
14.3.7 power failure or breakdown in machinery.
15 SALEOF GOODS OUTSIDE THEUNITED KINGDOM
15.1 We will not usually deliver to addresses outside mainland United Kingdom and you will be required to arrange your own delivery. If we do undertake to arrange delivery, such delivery shall be at your own cost and risk, including any export or import duties payable.
15.2 We cannot warrant that any Goods comply with national regulations outside the United Kingdom , Europe or theUnited States of America. 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 these Terms to another person without our prior written consent, which we will not unreasonably withhold.