Trading - Terms & Conditions

PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING YOUR ORDER

TERMS & CONDITIONS OF SALE

Appendix 1: Interpretation

Part 1: In these Conditions:

Appendix 2: Basis of the sale

Part 1: These Conditions 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 these Conditions and 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 Conditions before you place an Order, because you will be bound by these Conditions once a Contract is formed.

Part 2: Any samples, drawings, descriptions or advertisement we issue, including those in our catalogues or brochures are issued solely to provide you with an approximate idea of the Goods they describe. They do not form part of the Contract.

Part 3: If any of these Conditions are inconsistent with the written terms of the Order, the terms of the Order shall prevail.

Part 4: 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.

Part 5: Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.

Appendix 3: Orders and specifications

Part 1: No order submitted by you shall be deemed to be accepted by us unless and until confirmed in writing by us.

Part 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). If the Goods are bespoke to your specification, our liability shall be that detailed in clause 3.5.1 below.

Part 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.

Part 4: Subject to clauses 7 and 8, 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. We operate a policy of continuous product development and improvement and changes in detail may occur between order and delivery.

Part 5: You may at any time before any agreed delivery date amend or cancel an Order by providing us with written notice. If you amend or cancel an Order, your liability to us shall be;

  1. in the event that the Goods are bespoke or made to your specification, to pay for the Goods in full, however 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; or
  2. for all other goods, limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your amendment or cancellation. If payment has been made by you, we will refund any amount paid by you less such costs. Where the amendment or cancellation results from our failure to comply with these Conditions you shall have no liability to us for it.

Appendix 4: Price of the goods

Part 1: The price of the Goods shall be our quoted price or, 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.

Part 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.

Part 3: Payment for all Goods must be made in full in advance of delivery by cash, cleared funds, credit or debit card

Part 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.

Part 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.

Part 6: 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 our installation tip sheet which is attached to these terms.

Appendix 5: Delivery

Part 1: We will deliver the Goods or notify you that they are ready for collection within 7 days of the date set out in the Order or on which we notify you that they are ready for delivery or collection.

Part 2: 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 factors beyond our control 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.

Part 3: 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 Conditions or by an event beyond your control, we will store the Goods until delivery takes place or we sell them in accordance with clause 5.4 and may charge you a reasonable sum to cover expenses and insurance. We shall have no liability to you for such late delivery.

Part 4: 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.

Appendix 6: Risk and property

The Goods will be your responsibility from the time of delivery or from the date you collect the Goods from us. 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.

Appendix 7: Inspection and Installation

Part 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.

Part 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.

Appendix 8: Natural Products

Part 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.

Part 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.

Part 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.

Part 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.

Appendix 9: Warranties

Part 1: Subject to clauses 7 and 8, we warrant that on delivery and for a period of 12 months from the date of delivery, the Goods shall:

  1. conform in all material respects with their description and sample subject to any qualification or representation contained in the brochures, advertisements, other documentation or these terms;
  2. be of satisfactory quality;
  3. be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;
  4. be free from material defects in design, material and workmanship; and
  5. comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom, Europe and North America.

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.

Part 2: The Warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Conditions. Advice about your legal rights is available from your local Citizens Advice Bureau or trading standards office.

Part 3: The Warranty shall cease if you do not have the Goods serviced annually.

Part 4: We shall be under no liability in respect of:

  1. any defect 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
  2. any damage caused to your property as a result of installation or factors outside our control.

Please read our Installation and Use Guide attached.

Part 5: Our brochures are intended as guides only and we do not warrant any information or illustrations in our brochures.

Part 6: 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.

Appendix 10: Defective Goods and Returns

Part 1: In the unlikely event that the Goods do not conform with these Conditions, please let us know 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:

  1. provide you with a full or partial refund; or
  2. replace the Goods; or
  3. repair the Goods.

Part 2: These Conditions will apply to any repaired or replacement Goods we supply to you.

Appendix 11: Limitation of Liability

Part 1: Subject to Clause 10.3, if either you or we fail to comply with these Conditions, 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 Conditions.

Part 2: Neither you nor we shall be responsible for losses that result from our failure to comply with these Conditions including, but not limited to, losses that fall into the following categories:

  1. loss of income or revenue;
  2. loss of business;
  3. loss of anticipated savings;
  4. loss of data; or
  5. any waste of time.

However this clause 11.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.

Part 3: Nothing in these Conditions excludes or limits in any way our liability for:

  1. death or personal injury caused by our negligence, fraud or fraudulent misrepresentation; or
  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
  3. losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
  4. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

Part 4 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:

  1. Act of God, explosion, flood, tempest, fire or accident:
  2. War or threat of war, sabotage, insurrection, civil disturbance or requisition;
  3. Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
  4. Import or export regulations or embargoes;
  5. Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of us or a third party);
  6. Difficulties in obtaining raw materials, labour, fuel parts or machinery; and
  7. Power failure or breakdown in machinery.

Appendix 12: Sale of Goods outside the United Kingdom

Part 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.

Part 2: We cannot warrant that any Goods comply with national regulations outside the United Kingdom, Europe or the United 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.

Appendix 13: Assignment

You may not transfer any of your rights or obligations under these Conditions to another person without our prior written consent, which we will not unreasonably withhold. We can transfer all or any of rights and obligations under these Conditions to another organisation, but this will not affect your rights under these Conditions.

Appendix 14: Notices

All notices sent by you to us must be sent to Acquisitions Fireplaces Limited at 24-26 Holmes Road, London, England NW5 3AB. We may give you notice at either the email or postal address you provide to us in the Order. Notice will be deemed to be received and properly served 24 hours after an email is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified email address of the addressee.

Appendix 15: General

Part 1: No waiver by us of any breach of a Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

Part 2: If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.

Part 3: These Conditions shall be governed by English Law and we both agree to the non-exclusive jurisdiction of the English Courts.

Part 4: A person who is not party to these Conditions shall not have any rights under or in connection with them under the Contract (Rights of Third Parties) act 1999.

Appendix 16: Interpretation

Part 1: Reference in these conditions 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.

Part 2: The headings in these conditions are for convenience only and shall not affect their interpretation.

SCHEDULE

Installation and Use Information

Installation

Fireplaces, gas and electric fires are complex products and consumer safety demands that they be installed and operated correctly. Our Goods are supplied solely on the basis that they will be installed on your behalf by an experienced and, where necessary, fully qualified installer. We can provide a list of local installers upon request, but it is your responsibility to choose to a suitable installer either from that list or from a suitable alternative source such as the National Fireplace Association, HETAS or the Gas Safe Register. Your contract for installation is between you and your installer and we shall have no liability to you in respect of such installation.

You should note that your installer will not decorate, plaster, fit carpet or undertake carpentry unless you agree this with them.

Installation will be made by your installer on the understanding that a suitable chimney or flue is available and in good condition unless the Goods include a chimney, suitable flue component and/or a chimney fan or is a power flue or a flueless appliance.

In the case of a solid fuel or gas flue/chimney it is your responsibility to have such flue or chimney swept and certified as being sound prior to installation. We do not accept any liability in respect of your flue or chimney unless it is supplied by us. If a chimney is found to be unsound, it may require lining at your expense. This may be undertaken by your installer. You should ensure that your installer conducts a final chimney test prior to leaving your property to ensure suitable clearance of products of combustion. We cannot be liable for any change in the updraught or for any spillage which occurs during or after installation. Following installation, the Goods should not be used until any new plaster surfaces have completely dried out. You should ask your plasterer how long the plaster will need to fully dry out but this is usually a minimum of four weeks. We cannot be held responsible for the effects of any drying out or shrinkage of plaster which is an unsuitable material for the purpose or does not comply with the appropriate building regulations or with good practice.

We are happy discuss installation and technical requirements with you prior to purchase of the Goods. Any technical advice given however is based on our understanding of the information you supply and cannot be relied on without a site survey undertaken by a competent person.

Use of Goods

It is your responsibility to have the chimney swept regularly after installation. In the event that the Goods are damaged by rain, water or debris ingress this will not be due to a defect in the Goods and we shall not have any liability in respect of such damage. In the event that rain, water or debris is getting into the chimney we recommend that a suitable chimney cowl is fitted. The quality of your chimney or flue is your responsibility and we recommend that you check its quality regularly.

The manufacturer's User and Installation Instructions supplied with each gas or electric fire or fireplace have primacy over any advice or instructions given by us or our agents whether verbally or in writing.

Flueless gas appliances supplied by us have been successfully tested and approved to European Standards and may therefore be installed against most wall coverings and materials and other suitable surfaces. See Installation Instructions for full details. If unsure, you should always refer to the manufacturer of such wall coverings or materials to confirm that they are suitable for use with a heating appliance.

Painted and finished surfaces may discolour during use due to heat. This is normal. Metal surfaces require regular protection against moisture. It is important to follow the cleaning and use instructions provided to keep the Goods in good condition.

Some gas and electric fires utilise remote control components which are powered by batteries. It is the user's responsibility to replaced exhausted batteries when necessary at the users' cost.

Where appropriate, a fire guard should be used, especially when the young, elderly or infirm are present.

Efficiency

It should not be assumed that a new gas or electric fire will provide more heat or efficiency than the appliance that it may replace.

Electric fires are said to be 100% efficient, but this does not take into account transmission losses between the power station and the home, which can be as high as 70%. Our flueless fires, on the other hand, are 100% efficient. Even allowing for the room air vent that is required by law, the most effective SAP2005 (energy efficiency) ratings for new-build houses are achieved when a flueless fire is specified, when compared to any other gas fire.

Nearly all conventional fires lose some of their heat through a chimney. Just 20% of the heat generated by a traditional open solid-fuel fire reaches the room, while an open decorative gas fire is typically 30 to 50% efficient.

When an open solid-fuel or gas fire is not in use it can take existing room heat from sources such as radiators and storage heaters. It should not be automatically assumed that a new gas fire will provide more heat than an existing appliance as technical specifications vary from genre to genre.

Flueless fires, while extremely efficient, should not be regarded as a primary source of heat. We recommend they be installed in conjunction with an additional form of heating, such as central or under-floor heating. Decorative fires are also a secondary source of heat.

All our open and flueless gas fires are fitted with an oxygen depletion sensor and are CE marked for use in the UK and the Republic or Ireland.