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I. TERMS OF SALE
These terms of sale (“Terms of Sale”) set out the terms and conditions on which we supply any of the products (“Product” or “Products”) listed on our website www.fireandco.co.uk (“our site”) to you.
Please read these Terms of Sale carefully before ordering any Products from our site. These Terms of Sale tell you who we are, how we will provide Products to you, how you and we may end the contract, what to do if there is a problem and other important information. If you do not agree to these Terms of Sale you must not order any Product through our site.
GENERAL TERMS OF SALE
Last updated: 4th December 2017
1. INFORMATION ABOUT FIRE AND CO
1.1 www.fireandco.co.uk is a website operated by Plasterpiece Limited (“we”, “our”, “us”). We are registered in the U.K. Under company number 03364099. Our VAT number is 621444078
2 . PRODUCT ORDERING PROCESS
2.1A. To be able to place an order on this website, you will be required to supply some personal details to process the order. The details we require are; email address, name, billing address information, delivery address information if a separate address is required, and contact telephone number. During the ordering stages you will be required to create a password for the sole purpose of managing your account. We will not use your email, personal or contact details for marketing unless you give us permission to do so, by selecting the relevant option during the ordering process.
2.2A. You can place orders for Products with us by following the process outlined on our site. You acknowledge that making an order with us you will be under a legal obligation to pay for all the Products in that order if we accept your order.
2.3A. At every stage take the time to read and check over your order, at each step of the order process be sure to do this. Our order process allows you to check and amend any errors before submitting your order to us.
2.4A. All orders are subject to acceptance by us. You will receive a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email, so when you receive it this means everything is going through. We will charge your chosen payment method after we accept your order. We will send an additional email to you when your order has been dispatched. You will be updated with an email at each part of the process.
2.5A. Regrettably, we cannot stop an order once it has been dispatched by us. If you decide otherwise regarding your order after this point, you can reject delivery or return the Products to us in accordance with the returns policy below at clause 9.
2.6A. We reserve the complete right to cancel any order placed on this website, or even to refuse an order that has been placed via the telephone without any limitations.
2.7A. From the outset, before ordering from us on our website, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible. We are not to hold responsible for mistakes such as; products not fitting correctly in your chosen room or such problems that may be similar.
2.8A. You must keep the contact details we hold for you up to date so that we can contact you, if necessary about your order or the delivery of the said products.
2.9A. We process orders on this website via a custom built shopping cart. The last stage of this process is a confirmation page that sets out the final details of your order including the cost of goods we will supply and any applicable delivery charge.
2.1B Electric fires – All the electric fires that we supply are supplied with a standard UK plug. Any modification of the power cable and/or plug will be deemed to have voided the warranty returns and refunds will not be permitted on any item that has been modified in this way.
2.2B Gas fires – All gas fires that we supply must be installed by a Gas Safe registered engineer. We accept no responsibility or liability for the failure or fault of any gas fire that has not been installed by a Gas Safe registered engineer.
We also accept no responsibility or liability for any damages or injuries caused to property or persons in any capacity during the installation by a third party of any product we have supplied.
2.3B – Product specifications and descriptions – We make every effort to describe all our products as accurately as possible and to give reliable information regarding colour, measurements and technical specifications. We do emphasise, however, that such descriptions by their very nature can only be approximate, and we must highlight that they are to be used as a guide only.
3.1 Every orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you at the earliest possible time f, for any reason, the Products you have ordered are not available or are subject to any delay.
3.2 If we are unable to supply you with a Product, for example, because the manufacturer is out of stock or because of an error in the price (see clauses 5.4 and 5.5 below) we will inform you of this by email and we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible.
3.3 If we are unable to supply your goods within an acceptable timeframe, you will be entitled to cancel your order andreceive a full refund.
4. IMAGES AND SIZING OF PRODUCTS
4.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the Products. The Products that are delivered to you may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.
5. PRICES OF PRODUCTS
5.1 The price of any Product will be as quoted on our site, except in cases of obvious accidental error.
5.2 The price of any Product may change from time to time, but changes will not affect any order we have accepted.
5.3 The price of a Product includes VAT (where it applies) but excludes any delivery costs, which where applicable will be added to the price of the Products and set out as part of the total amount due during the order process. To see the relevant delivery charges for a product, please refer to our delivery page.
5.4 Due to the large number of Products on our site, it is always possible that some of the Products listed on our site may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-handling procedure so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of the rejection.
5.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is so.
6. HOW TO PAY
6.1 We accept payment with the payment methods listed on our site. You must pay for the Products and any applicable delivery charges in advance of delivery of the Products.
6.2 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
7.1 We offer a delivery service in accordance with the timescales shown against each Product on our site. Please note that delivery timescales are estimates.
7.2 Please note that we only deliver to addresses in the mainland Britain
7.3 Your estimated dispatch date will be as set out in a dispatch confirmation sent by email. This dispatch date indicates when we expect to send the Products to our delivery partner. Although we will make every reasonable effort to ensure your Products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting the manufacturer of the Product or our delivery partners. If we are unable to meet the estimated dispatch or delivery date, we will contact you with a revised estimated date.
7.4 Your delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery, we will leave you a note with information about how to rearrange delivery. If you have not accepted delivery after three attempts by us, we may treat the contract as having been cancelled by you in accordance with the terms of clause 9 below.
7.5 You can review the current status of your order at any time by logging into the my orders section of your account on our site. If you have trouble finding out the status of your order or tracking its progress, please contact Customer Services using the contact information below at clause 23.
7.6 A delivery charge will apply on all orders. The amount is variable depending on the Order and is made clear at the point of Order, and will be contained on our Order Confirmation.Unfortunately we are not able to arrange for collection of Goods from our distribution centres on sales processed through our site.
7.7 Where you have ordered multiple Goods from us we may need to make more than one delivery to you.This is particularly the case where Goods are delivered directly from the supplier on specialist transport. Where this is necessary we will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs.
7.8 Delivery of the Order shall be completed when we deliver the Goods to you.
7.9 We do not hold or store Goods, therefore if you fail to accept the reasonable delivery dates offered to you, then, except where this failure is caused by our failure to comply with these terms and conditions or by an event beyond our control;
(a)We will store the Goods until delivery takes place and may charge you a reasonable sum currently £25 per week to cover expenses
Any such charges must be cleared before delivery will take place.
7.10 Clause 7.9 will not apply where the Goods are available before the delivery date detailed in the Order Confirmation or as agreed with you where you have stipulated a “not before date” on your Order, and which has been confirmed on the Order Confirmation.
7.11 It is essential that you notify us of any possible restrictions to access into your home when placing your Order so that we can perform a risk assessment.In particular you should consider vehicle access, lifts, staircases and room access. Should windows or doors need to be removed to allow access, it is your responsibility to arrange this at your own cost and at your own risk.
7.12 We recommend that you do not dispose of your existing furniture until one day prior to your confirmed delivery date.
7.13 We deliver only to the first floor of any house/apartment block, except when arranged separately within the Order and confirmed in the Order Confirmation.Any such arrangement may incur an additional charge that we shall advise to you.
7.14 You must ensure that you or a nominated adult with (if we so request in order to prevent fraudulent activity) appropriate ID (driving licence or passport) are available on the day and the point of delivery to sign for the Goods.
7.15 You must also ensure that on the day of delivery access to your preferred location of the Goods is clear and free of any obstruction.If you or a nominated adult are not available or the access is not clear and free of any obstruction, then we will not deliver your Goods. This will result in a re-delivery of your Goods and a further delivery charge will be levied.
7.16 Goods intended to be assembled by you will not be unpacked at the point of delivery.
8. RISK AND OWNERSHIP
8.1 Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8.2 The Products will be your responsibility from the time that you (or a third party other than the carrier and indicated by you) take physical possession of the Products.
9. CANCELLATION, RETURNS AND REFUND POLICY
9.1 Sincerely, we do hope you will be satisfied with all you have bought from us. However, if you are for some reason unhappy with your Products, you can return them to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
9.2 Subject to clause 9.8 you can cancel your order by notifying us in writing at anytime from placing the Order up to the expiry of 14 working days starting the day after the date the Goods are delivered.
9.3 Should you cancel your Order in accordance with the provisions of clauses 9.6 once it has been delivered, we will collect such Goods.
9.4 We will charge a collection cost for the Goods that we collect under the provisions of clause 9.3 above.The collection cost will depend on the nature of the Goods and where and when it is to be collected from.This cost will be notified to you in advance.In any event the Goods will remain your responsibility until we collect the Goods.You should also be aware of the following obligation:
Any collection will be from the delivery address unless we agree otherwise, and we will agree with you a suitable day for collection.If you are not going to be available for collection yourself, you must notify us in advance of a nominated adult who will be present for the collection.You must ensure that on the day of collection the access to the Goods is clear and free from obstruction.If you or a nominated adult are not available or the access is not clear and free of obstruction then we will not collect the Goods.Should windows or doors need to be removed to allow access, it is your responsibility to arrange this at your own cost and your own risk.We do not accept any responsibility for damage to your property during collection other than damage due to our negligence when our liability is limited to the repair of that damage with no element of betterment,
You have a statutory duty to take reasonable care of the Goods.If you breach this duty we have a right of action against you.If any original packaging has been left with you please return the Goods with the original packaging.If the original packaging is not available, then please ensure any items to be returned are packaged in a suitable and sufficient manner so as to ensure that there is no risk of damage in transit;
9.5 In the event that you do not comply with the above obligations, we may require payment from you of all costs reasonably incurred by us which may include but is not limited to wasted collection journeys or the cost of any Goods which you have damaged or lost
9.6 If you wish to return the Goods to us:
(a)because you have cancelled the Contract between us in accordance with the provisions of clause 9.2, we will process the refund due to you as soon as possible. In such cases, we will refund the price of the product in full, and any applicable delivery charges, although for the avoidance of doubt we shall be entitled to offset and retain any collection charges we may incur in collecting the Goods.
(b)for any other reason (for instance, because you consider the Goods are faulty), we will discuss the issue with yourselves and, if necessary examine the returned Goods. Should we agree the Goods are faulty we would reserve the right to discuss with you whether it would be more appropriate to repair the Goods in question.Should we agree with you that the Goods should be returned and you should obtain a refund, we will notify you of your refund via e-mail within a reasonable period of time.We will process the refund due to you as soon as possible after we have confirmed to you via e-mail that you are entitled to a refund.We will refund the price of the Goods in full, any applicable delivery charges and not charge you any collection charge for collecting the Goods from you.
9.7 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.8 The provisions of clause 9.2 will not apply to any Goods which:
(a)you have bought either online or by telephone which you have previously viewed at one of our stores;
(b)are bespoke and handmade to your specification.Please note that all of our Goods are bespoke and handmade to your specification unless they are clearly identified as stock items.To reiterate, please be aware that for Goods that are bespoke and handmade to your specification you will not have a right to cancel the Goods, or return the Goods once delivered unless the Goods are faulty so please carefully consider your decision to place your Order before doing so;
(c)any Goods which cannot by their nature be disassembled once they have been partially assembled (such as flat pack coffee tables).
10. SALES PROMOTIONS
10.1 From time to time, we may run sales promotions or offer other incentives (“Promotions”) to purchase particular Products from us.
10.2 The length of time any Promotion runs for, the conditions for qualifying for such Promotion and the Products which will be subject to such Promotion will be set out in Section A of these Terms of Sale.
10.3 If you place an order for Products in relation to any Promotion, the Promotion-specific terms and conditions set out in Section A above and the general terms set out in this Section B will apply. To the extent of any inconsistency, the Promotion-specific terms set out in Section A shall prevail.
11.1 From time to time, we may run prize draws, competitions or other prize promotions (“Competitions”) on our site.
11.2 The length of time the Competition runs for, the conditions for entry to the Competition and the prizes for winning or taking part in the Competition will be subject to our discretion and will be available for time to time.
11.3 We will make the rules of any Competition we run available to you before you participate in the Competition.
12. GIFT VOUCHERS AND DISCOUNT CODES
12.1 Gift vouchers can only be purchased online through our site.
12.2 You may choose to: (i) have the gift voucher emailed to the recipient on a pre-determined date of your choice; or (ii) print the gift voucher yourself. Should you need to re-send or re-print the gift voucher, this can be done through ‘your account’ on our site.
12.3 Gift vouchers are valid for one year from the date of issue and cannot be extended.
12.4 The value of any gift voucher you use will be deducted from the total cost of your order. If any balance remains to be spent from the gift voucher, it can be used on a future order. There is no minimum spend required and the gift voucher can be redeemed against any purchase including delivery charges.
12.5 Gift vouchers can be purchased in fixed denominations from £25 to £200.
12.6 Gift vouchers and/or discount codes must not be posted on consumer forums as they will be immediately invalidated. You cannot use your own refer a friend gift voucher to generate rewards. Any instance of this will result in the cancellation of that customer’s rewards.
12.7 Only one discount code can be applied to any one order, this includes any promotional codes or offers (but you may also use any gift voucher that you have purchased or been given).
12.8 When you use a gift voucher and/or discount code you warrant to us that you are the duly authorised recipient of the gift voucher or discount code (as applicable) and that you are using it in accordance with these Terms of Sale, lawfully andin good faith. If we believe that a gift voucher and/or discount code is being used in breach of these Terms of Sale, unlawfully or in bad faith, we may reject or cancel the gift voucher or discount code (as applicable).
12.9 If you have any difficulty redeeming your gift voucher or discount code or have any questions then please contact us for further assistance.
12.10 Any order for Products made using a gift voucher or discount code will be governed by these Terms of Sale.
13. YOUR INFORMATION
14. OUR LIABILITY TO YOU
14.1 We are under a legal duty to supply Products that are in conformity with our contract with you.
14.2 Our Products are designed for residential use and we do not make any guarantees or warranties about their performance in a commercial environment. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that: (a) we will take reasonable steps to prevent or minimise the failure or delay; (b) in the event of failure to perform, we will refund you all amounts paid under the affected contract; and (c) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.
16. RESOLVING DISPUTES
16.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. You can also write to us at: Complaints Department, Simonside industrial estate, shaftsbury avenue,south shields, Ne34 9ph
16.2 In the unlikely event that we are not able to resolve the dispute informally, please note that the EU operates an online dispute resolution platform for EU consumers to submit disputes arising from online purchases. You will also always have the option of resolving the dispute using court action.
16.3 The contract between us shall be governed by the laws of England and any dispute between us shall be resolved exclusively in the courts of England. These terms and conditions supersede all prior documents relating to the use of this web site.
18. UPDATING THESE TERMS OF SALE
18.1 We may modify or update these Terms of Sale from time to time for reasons including: (a) changes in how our business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. However, any order of Products by you will be governed by the terms and conditions available on our site at the time you place the order.
19. RIGHTS OF THIRD PARTIES
19.1 Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
20. TRANSFER OF OUR RIGHTS
20.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you in writing if this happens, but this will not affect your rights or our obligations under the contract. We will use reasonable endeavours to tell you in writing in this happens.
21. CONTACT US email@example.com
21.1 If you have any queries about these Terms of Sale, please send us an email at firstname.lastname@example.org or contact us on the phone: 01914554213 (Mon – Fri : 9.30 am – 5 pm). We’ll be here to help.
22. YOUR PERSONAL INFORMATION
23. YOUR ACCOUNT AND PASSWORD
23.1 If you set up an account on our site, you must treat your login details as confidential. You must not disclose them to any third party.
23.3 If you know or suspect that anyone other than you knows your login details, you must promptly notify us at email@example.com
24. LIMITED LICENCE
24.1 We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We grant you permission to access our site for your personal use only. Any other use of our site or our site’s content is prohibited. This prohibition includes, but is not limited to:
(a) making commercial use of our site’s content;
(b) reproduction of the Fire and co name, logo, trade marks or any other content available on our site; and
(c) downloading or copying any of our site content for yourself or for a third-party.
26.2 If you wish to make any use of material on our site other than that set out above, please contact: firstname.lastname@example.org
25. DISCLAIMER AND LIABILITY
25.1 Access to our site is permitted on a temporary basis and we may limit or terminate access to our site at any time without any notice. We will not be liable if our site is unavailable at any time or for any period.
25.2 We have taken care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.
25.3 Whilst we make reasonable efforts to ensure that any information presented on our site is correct, the information on our site is presented without any guarantees, conditions or warranties or any kind and the site is made available to you on an “AS IS” basis. We are not responsible for anything that occurs from your reliance on the content of our site.
25.4 In any event, we will never take any responsibility for User Content and you use and rely on any User Content entirely at your own risk.
25.5 We exclude all warranties and conditions implied by statute, common law or the law of equity, to the extent permitted by applicable law.
25.6 Because our site is provided free of charge, we will not, in any way, be liable for any loss or damage (whether direct or indirect) in tort (including negligence), breach of contract, breach of statutory or otherwise (even if foreseeable) in connection with any use you make of our site or the information presented on it.
26. LINKS AND LINKING
26.1 Links to third party websites from our site are provided solely for your convenience. If you use these links you leave our site. We do not control, and are not responsible for, these websites, their content or their availability. We, in no way endorse, or make representations about them, or any material found on them. Accessing third party websites from our site is done entirely at your own risk.
26.2 You may link to our home page (www.fireandco.co.uk), provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You agree to remove any link to our site on a website owned or controlled by you on receipt of a request from us.
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