Terms & Conditions
THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.fireandheat.com
BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
Fireplaces and Heating Direct Limited www.fireandheat.com is registered in England and Wales, whose registered office and showroom is at:
Unit 7, Marlborough Works, Archway Road, Luton, LU3 2QZ
Telephone: 01582 599200 Fax: 01582 599200 Email: Kieran@fireandheat.co.uk
Company registration number 05025227
VAT registration number is 490413556
1.1 You will be able to access most areas of this website without registering your details with us. Certain areas of this website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this website from time to time to review the current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. Once payment has been made we will send you an official email order acknowledgement, detailing the products you have ordered. You will receive the order confirmation usually within 24 hours of making your order. It is important that you check your order and notify us immediately of any errors and omissions.
2.2 Our acceptance of an order takes place when we dispatch the order. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
a) Where goods are not available, or have been withdrawn or discontinued.
b) Where we cannot obtain authorisation for your payment;
c) If there has been a pricing or product description error;
d) If you do not meet any eligibility criteria set out in our terms and conditions.
3.1 All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
3.2 Our prices are reviewed constantly and may change daily.
3.3 Prices offered on the website may not necessarily reflect prices on the same products in our stores. We reserve the right to offer special website prices to our online customers that will not be offered if the product is purchased in one of our stores.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
a) you must notify us by email Kieran@fireandheat.co.uk before we have dispatched the goods to you; or
b) Where goods have already been dispatched to you, by notifying us in writing at our address at the top of this page and returning goods to us in accordance with clause 4.1a and 4.2 below.
c) Goods that are special factory orders made to your specification cannot be cancelled, or returned.
4.2 You have a right to cancel the goods you have ordered from us for any reason at any time within 7 days of receipt of the goods or where the goods have not been delivered within 30 days of the order date (or the notified delivery date where this is later) and request a full refund or exchange except where 4.1c above applies Upon agreement of us accepting returned items you will be sent by email a returns note detailing the item/s to be returned. Failure to send the returns note back with the goods can cause a delay in raising a credit note or issue a refund.
The costs of returning goods to us shall be borne by you, and may be more than the cost of the original delivery as this is often subsidised. All returned items must be in the original undamaged packaging wherever possible. If goods are returned in an un-saleable condition we may refuse to credit or exchange the items/s. We will give you a full refund of the amount paid or an exchange credit as required within 30 days of notification of cancellation.
4.3 You are entitled to return goods ordered from us within 28 days of receipt of the goods if the goods are faulty or damaged. You must notify us immediately if the goods are faulty or damaged. You will be entitled to have the goods repaired or replaced provided we agree that the goods are faulty, have not been damaged and have not been used. Replacement goods will be charged at the full price. In some instances replacement parts will be ordered and sent to you as soon as possible. We reserve the right not to collect damaged goods.
4.4 When placing your order you must ensure that the quantity, nature and specifications of the goods ordered meet your requirements. Goods sold by us may be subject to slight variations in colour or design and this shall not constitute a valid reason for return of the goods. We are not obliged to accept returns outside the cancellation period where the goods do not meet your requirements. Any returns accepted in these circumstances may be subject to a re-stocking or handling charge and any other direct costs incurred by us in accepting the return of the goods.
5.1 Where delivery or dispatch times are stated anywhere on the website, the times are approximates only and while we endeavour to deliver to you within the time stated, delivery could be delayed due to events beyond our control. The time of delivery is not the essence of the contract. For the avoidance of any doubt we shall not be liable for any loss arising from delay in delivery or non-delivery.
5.2 In the majority of cases Goods will be delivered to you by a third-party carrier and the cost of delivery will be included in the total price of the order and notified to you on the checkout page of the website, prior to completing your order.
5.3 Delivery times are as agreed between us and you and not as provided for in The Consumer Protection (Distance Selling) Regulations Act 2000 where applicable.
5.4 We may deliver the Goods in instalments, and each delivery shall constitute a separate contract and failure by us to deliver one or more of the instalments in accordance with these
Conditions shall not entitle you to treat the contract as a whole repudiated.
5.5 Notification of short delivery or damage in transit must be made in writing to us within 24 hours of the receipt of the Goods.
5.6 All information regarding the return of goods MUST be received by us in writing within 7 days. We DO NOT arrange or accept liability for the transit of returned goods. Any goods received without prior written notification will be refused, see 4.2.
5.7 Deliveries are made to the nearest hard road point and for the avoidance of doubt we are only insured and required to deliver the Goods to Your delivery address and not to bring them into a property or install them.
5.8 We will only deliver goods to the address on the order.
5.9 If for any reason you do not accept delivery of any Product in accordance with this paragraph then we may charge you an additional fee to cover any reasonable direct cost incurred by us as a result.
5.10 We will deliver to your delivery address where possible provided that the property is situated on a hard road point.
5.11 Where your order consists of heavy and/or bulky Goods assistance must be available to our drivers to offload the Goods. In the event that no assistance is available then we will not be in a position to offload the Goods and we will charge a fee of 10% of the price of the Goods for re-delivery.
5.12 Where the Goods can be offloaded by the drivers with no assistance and you have requested that the Goods are left at your property then the Goods will be left at the property at your own risk.
5.13 For the avoidance of doubt, you will be responsible for the Goods as soon as they have been delivered to your delivery address. From the time of delivery of the Goods any loss or damage to the Goods shall be at your own risk.
5.14 Do not arrange for installation of the Goods until they have been delivered and checked for correctness, damage and shortages by you.
5.15 Upon delivery of a Product you should carefully inspect the Goods. If any of the Goods are damaged or lost, please contact us to inform us of the problem and do not use the Goods.
5.16 Any goods signed for are deemed as being accepted in good condition, we cannot accept any responsibility for damaged goods once the items have been accepted and signed for.
6. DAMAGE IN TRANSIT
6.1 If goods arrive in a damaged condition you must make a note on the carrier's delivery consignment note and it will be your responsibility to inform us within 24 hours. Any damaged goods should not be accepted on delivery otherwise you the customer must return the product at your own cost, the damaged product should still be noted on the consignment note.
6.2 Any installation of damaged goods by the Buyer shall be deemed as acceptance of the goods by the Buyer
7. SHIPPING & HANDLING CHARGES
7.1 All prices on our website are exclusive of delivery charges unless otherwise stated, which will be added to the price of the products at our checkout.
7.2 As soon as we have delivered the goods to your door you will be responsible for them. We will only deliver goods to the address on the order and goods will not be left without a signature.
From the time of receipted delivery of the goods, any loss or damage to the goods shall be at your own risk. Any transit damage to the goods, shortages or incorrect goods supplied must be noted on the delivery consignment note at the time of delivery.
9.1 You are permitted to print and download extracts from this website for your own use on the following basis:
a) No documents or related graphics on this website are modified in any way;
b) No graphics on this website are used separately from accompanying text; and
c) Any of our copyright and trade mark notices and this permission notice appear in all copies.
9.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website.
9.3 Subject to clause 9.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
9.4 Any rights not expressly granted in these terms are reserved.
10. SERVICE ACCESS
10.1 While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.
10.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
11. VISITOR MATERIAL AND CONDUCT
11.2 You are prohibited from posting or transmitting to or from this website any material:
(a) That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) For which you have not obtained all necessary licenses and/or approvals;
(c) Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data)
11.3 You may not misuse the website (including, without limitation, by hacking).
11.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
12.1 To register with www.fireandheat.com you must be over eighteen years of age.
12.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
12.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
12.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
13. Terms and Conditions for Fireplaces and Heating Direct Quotes
13.1. Please read the following terms and conditions carefully as they will tell you everything you need to know about the agreement you will enter into once you accept this quotation for Fireplaces & Heating Direct to install either a fireplace or central heating equipment in your home.
13.2. The price quoted is open for acceptance within 30 days providing that the work can be commenced within 90 days, both periods being from the date of the quotation. If you decide that you would like to use us after this time, we will let you know if there has been a change in the price requiring a revised quotation and the reasons why.
13.3. Fireplaces & Heating Direct has quoted the cost of installing either a fireplace or central heating equipment as discussed with you during a site visit by one of our staff and specified in the quotation form. Once you have accepted this quotation Fireplaces & Heating Direct undertake to carry out all the work necessary to complete the work described in our specification and this quotation subject to the conditions below.
13.4. Fireplaces & Heating Direct will carry out the whole of the work specified in this quotation at the price quoted and during normal working hours but any variations or additions requested by you and carried out by Fireplaces & Heating Direct including variations the necessary of which becomes apparent after the work commences, will be subject to an additional charge. An additional charge may be made if you want us to work outside our normal working hours which are 8.00am to 8.00pm, Monday to Friday. We will need access to your home at all times during installation.
13.5. The time estimated provided for the completion of the installation is our best estimate of the likely timescale prior to commencement of the installation, and we cannot accept liability for any costs, losses or expense of whatever nature, incurred by you as result of any delay.
13.6. The prices specified in this quotation does not include the price of removing any dangerous waste material such as asbestos found when installing your fireplace or central heating. This will be subject to an extra charge.
13.7. Permissions and Planning Applications
13.7.i Any permissions required for works are the sole responsibility of the home owner. Planning applications that may be required include, but are not limited to, listed buildings and places of special intserest. Fireplaces and Heating Direct Ltd do not accept any liability arising out of works carried out without the relevant permissions.
13.7.ii If you are a tenant, you may need your landlord's permission to carry out the work covered by this quotation. Fireplaces & Heating Direct will assume that you have obtained such permission. Fireplaces & Heating Direct snail to have any liability for any loss or damage howsoever rising from failure to obtain such permission.
13.8. Your order is accepted subject to the conditions that you are responsible for ensuring that there is an adequate gas supply to the dwelling prior t commencement of the work. We can put you in touch with Transco to arrange this if necessary. Where such supply is not laid to enable work to commence within 90 days of the date of this quotation, Fireplaces & Heating Direct reserve the right to cancel the order and Fireplaces & Heating Direct shall not have any liability for any costs, loss or damage arising from such cancellation.
13.9. All carpets. linoleum and special types of flooring, for example, tongue are grooved parquet. hardwood. rubber or tiled floors must be removed as required by Fireplaces & Heating Direct and you shall be responsible for their replacement when the work is completed. In many cases, this removal and replacement is best left to a specialist contractor and you should seek advice accordingly.
13.10. The work will be carried out in a proper workmanlike manner but Fireplaces & Heating Direct cannot be held liable for any damage unavoidably caused to decorations, fittings and the like as a result of installing any new equipment as specified in the quotation or removing, replacing or disturbing existing pipework, appliances. tanks, cylinders or other fixtures and fittings.
13.11. Fireplaces & Heating Direct needs to connect new equipment to your existing central heating system it shall not be liable for any breakdown or poor performance of or damage caused to your existing system as result of faulty pipework or some malfunction of your central heating system. Further, Fireplaces & Heating Direct cannot accept liability for any deterioration in the performance of the central heating system caused by fluctuations in the water pressure provided by your water supplier
13.12. Fireplaces & Heating Direct shall not have any liability for any failure to perform its obligations under this quotation if it is prevented from doing so by causes reasonably beyond its control including unforeseen circumstances, such as industrial disputes, strikes, lock-outs, fire, accident. war or problems with the fabric of the building including the roof Fireplaces & Heating Direct shall not have any liability for any indirect. Special or consequential loss or damage or loss of profit with the exception of damage for death or personal injury. The total liability of Fireplaces & Heating Direct under this Agreement shall not exceed the price paid. Further, should additional work be required as a result of such unforeseen circumstances, you will be responsible for meeting the costs of such work. 13. To complete your central heating installation as quickly as possible, Fireplaces & Heating Direct may need to use sub-contractors. Each subcontractor is approved by Fireplaces & Heating Direct to ensure high standards of work. For your security, all contractors will carry identity cards.
13.14. The deposit shown overleaf must be paid on acceptance of this quotation and the balance of the price shall be due and payable in full on completion of the installation except where you have entered into a credit agreement.
13.15. Should you cancel your order at any time prior to the commencement of the work and where applicable, after the period during which you are entitled to withdraw from a credit agreement. Then, in addition to any other rights which it may have. Fireplaces & Heating Direct may retain the deposit as a contribution towards any costs which it has incurred.
13.16 This quotation cannot be varied except in writing by Fireplaces & Heating Direct
13.17. In this quotation. references to "Fireplaces & Heating Direct" mean Fireplaces & Heating Direct.
13.18. Cancellation of Order. Fireplaces & Heating Direct require 30 days notice for any cancellation. If the order is not cancelled in the required time, Fireplaces & Heating Direct reserve the right to charge the full amount outstanding.
14.1 While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.
14.2 The material on this website is provided without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.
15.1 We disclaim any and all liability to you for the supply of goods sold through this website to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant goods. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.
15.2 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.
15.3 Nothing in these terms and conditions shall exclude or limit our liability for;
(a) Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
(c) Misrepresentation as to a fundamental matter; or
(d) Any liability which cannot be excluded or limited under applicable law.
15.4 If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
15.5 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.
16. GOVERNING LAW AND JURISDICTION
16.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
16.2 We do not warrant that materials/items for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United
Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
17.1 Subject to the Conditions, We warrant that the Goods shall at the date of delivery to you be free from defects in workmanship and materials.
17.2 All Goods come with manufacturer's guarantee where and to the extent transferable to you.
18.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
18.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
18.3 Only the parties to these terms and conditions may seek to enforce them under the
Contracts (Rights of Third Parties) Act 1999.