WOOD BURNING STOVES.CO.UK STANDARD TERMS & CONDITIONS
Stove Spare Parts Limited t/a woodburningstoves.co.uk is registered in Northern Ireland
Our Registered Company number is: NI 614552
Our Registered Office is:
Unit 6 Kiltonga Industrial Estate Belfast Road Newtownards Co Down BT23 4TJJ
1 APPLICATION OF THESE TERMS & CONDITIONS
1.1 These terms and conditions apply to the sale and delivery of any Goods or services by Wood Burning Stoves.co.uk ('WBS') to a purchaser ('the
Buyer') unless they are inconsistent with any other express terms of agreement made between WBS and the Buyer in writing before the Goods are delivered.
1.2 The term 'Goods' implies any products or services supplied by WBS.
'Goods Distributor' implies the product manufacturer or their importer or wholesale distributor. 'Courier' implies any delivery or haulier service including the Post Office.
1.3 Where a reference is made to 'writing' or 'written' then it is also deemed to include fax or email transmissions.
1.4 When placing an order with WBS the Buyer agrees to be bound by these terms.
2 OUR STATUTORY OBLIGATIONS TO YOU
2.1 These Terms and Conditions are not intended to limit or affect your statutory rights, specifically your rights under the UK's Consumer Protection (Distance Selling) Regulations 2000. Full details of this regulation can be found on the Government's website www.legislation.gov.uk.
You can also find a user-friendly interpretation of this regulation on the Citizens Advice website at www.adviceguide.org.uk.
2.2 In summary the Distance Selling Regulations say:
. You must be told the location of our business (see above) . You must be given clear information about our Goods before you buy them (see our comprehensive
. You must receive written conformation after you have bought our Goods .
You have the right to cancel your order within a 14 day cooling off period .
You have a right to have received our Goods within 30 days after you have
sent us the order, unless otherwise agreed with you . You are entitled to a refund if our Goods are not delivered within any agreed
. If no delivery date is given you are entitled to an automatic refund within 30
days of placing your order with us
. You have the right to a refund if someone has fraudulently used your
. You have a right to keep unsolicited Goods that you did not ask for
3.3 We use some cookies to keep track of your input when you complete one of our online forms or when using our shopping cart. These are known as session-id cookies and this is their sole purpose. Such cookies are temporary and only remain on your device until you leave our website.
3.4 We also use basic analytics cookies, for example from Google Analytics, for simple data collection where any potentially identifiable information remains anonymous, such as counting the number of visitors to our website.
Such data may be shared with our website / SEO agency (the people who help us to build our website) to help us to improve our website content and your experience when you visit us. Please note that Google Analytics reserve the rights to the data that it collects.
3.5 Any data that WBS process is only used by us or our website / SEO agency and is only used by them to help us to provide you with the service that you have directly requested.
3.6 We cannot identify you personally from any of the information that we collect from our cookies.
3.10 WBS does not accept any liability for any cookies on other websites which link to our website or websites that we link to.
4 GOODS SPECIFICATIONS
4.1 Every care is taken by WBS to ensure that the information that we have provided to you about our Goods on this website is correct and is not misleading.
4.2 Errors or omissions shall be subject to correction without liability on the part of WBS.
4.3 Dimensions, technical information and performance data is supplied to us by the Goods Distributor and is reproduced on our website in good faith.
However, the Buyer should note, that this information is subject to change by the Goods Distributor without prior notice to us and that any minor changes, which do not materially alter the performance or the visual attributes of the stove, shall not be deemed as grounds for subsequently rejecting the product.
4.4 Any performance or dimensional data which is critical to your purchasing decision should be confirmed, preferably by email, with WBS prior to placing your order.
4.5 Where product colours are described with photographs or other visual representation these will be an approximate indication of the real colour and will be subject to shade variation during the manufacturing process, lighting during photography (eg 'mood' shots) and product texture (eg matt or enamel finishes) as well as the limitations and variations of colour reproduction between your computer, internet enabled tablet or smart phone.
Prior to placing your order, where colour or shade is critical to your purchasing decision, and depending on the individual Goods Distributor, we can provide you with a Goods Distributor's colour swatch which will also be subject to the Goods Distributor's terms and conditions regarding their manufacturing process colour variations. Please note, because of the limited supply of colour swatches, a small returnable deposit may be levied at our discretion to help ensure the return of some of these colour swatches and you will be advised of this charge before you proceed.
4.6 Whilst every care is taken by WBS with our product descriptions and specifications it is the Buyer's sole responsibility to ensure that the Goods are suitable and fit for their intended purpose.
5 PRICES AND VAT
5.1 All prices shown on our website and quoted by WBS are in GB Pounds Sterling and are inclusive of Value Added Tax (VAT) at the rate ruling at the time of the quotation and are subject to alteration to any VAT rate variation applicable at the time of delivery. Prices in Euros are available upon request.
5.2 WBS' interpretation and application of any special VAT rates for particular Goods, or for any VAT which is not applied to Goods deemed to be for a particular purpose under the VAT rules or for export to the Buyer are subject to any HMCR final VAT ruling and WBS reserves the right to subsequently charge the Buyer for unpaid VAT that HMRC deem to be applicable to the Goods.
5.3 Every care is taken by WBS to ensure that the prices shown for our Goods on this website are correct. They are based on the Goods Distributor's suggested retail prices (or 'list prices') after any discounts have been applied by WBS. These suggested retail prices are subject to change by the Goods Distributor without prior notice to us. Errors or omissions shall be subject to correction without liability on the part of WBS and we reserve the right to change any published prices at any time.
5.4 Delivery charges may be applied by WBS to some Goods for delivery to a number of remote UK locations and where such charges are to be applied the Buyer will be notified by email at the time WBS process the order and not later than three working days after the Buyer's order has been received by WBS. WBS will require confirmation that any applicable delivery charges are acceptable to the Buyer before proceeding with delivery. The Buyer can withdraw their order without liability should any additional delivery charges not be acceptable to them and any monies for the Goods shall be processed for return in full to their bank account and confirmation of the refund emailed by WBS within one working day.
6.0 GOODS WARRANTIES
6.1 WBS shall at all times act in good faith in the pursuance of the Buyer's reasonable warranty claim under the Goods Distributor's warranty terms and conditions and subject to the Goods Distributor's authorised agency agreement terms and conditions between WBS and the Goods Distributor.
6.2 Particular attention is drawn to the Good's Distributor's warranty which will not usually cover the failure of the Goods to perform due to the Buyer burning fuels specifically prohibited by the Goods Distributor or by using fuel loads which exceed the Goods Distributor's recommended fuel loads.
Details of these strict limitations can be found in the operation manual included with the Goods.
6.3 In addition,The Goods Distributor's warranty will not usually cover the failure of the Goods to perform due to the failure of the installation of the Goods because of non-conformance to Building Regulations or good installation practice as recommended by Building Regulations, Hetas or other Government approved competent persons schemes.
6.4 The Good's Distributor's warranty does not usually cover any Goods which form part of an illegal installation - i.e. an installation which does not comply with local building regulations, and/ or has not been notified to the local authority Building Control department for approval or which has not been carried out by a HETAS Registered Installer or other installer officially recognised by one of the other Government approved competent persons schemes.
6.5 The Buyer agrees that WBS shall act on the Buyer's behalf in the first instance in determining the extent or validity of any reasonable claim made against the Goods Distributor under the terms and conditions of the Goods Distributor's warranty.
6.6 The Buyer agrees that WBS is therefore entitled to make any reasonable requests for information from the Buyer or to examine the Buyer's Goods to ascertain the extent or validity of the warranty claim and that the terms and conditions of the Goods Distributor's warranty have been met by the Buyer prior to the warranty claim being forwarded by WBS to the Goods Distributor on behalf of the Buyer. This will normally be (but may not necessarily exclusively be) by providing proof of Building Control approval or Hetas Certificate, photographic evidence of the current state of the Goods and the Goods installation, as well as other documentary evidence such as the use of particular installation components which may be required by the Goods Distributor (eg approved flue liner) in order to comply with their warranty terms and conditions.
6.7 Failure by the Buyer to satisfy WBS' reasonable requests for information required by the Goods Distributor and as outlined in paragraph 6.6 will result in a warranty claim being rejected by WBS.
6.8 WBS' decision on the validity or extent of the Buyer's warranty claim is final and therefore WBS can reasonably reserve the right not to act on the Buyer's behalf where it feels that the warranty claim is unreasonable or that the Buyer has failed to meet the terms and conditions of the Goods Distributor's warranty.
6.9 Where a Buyer's warranty claim has been rejected by WBS then no further correspondence regarding the Buyer's warranty claim shall be entered into with the Buyer by WBS and the Buyer should therefore correspond directly with the Goods Distributor should they wish to pursue their warranty claim.
6.10 Where a warranty claim is forwarded to the Goods Distributor on behalf of the Buyer by WBS it should not be deemed by the Buyer that the warranty claim will necessarily be met in full or in part by the Goods Distributor.
6.11 Where a warranty claim is rejected in full or in part by the Goods Distributor, the Goods Distributor's communication of this decision will be forwarded in writing by WBS to the Buyer within one working day of receipt by us of their communication and no liability shall be accepted by WBS for any losses whatsoever incurred by the Buyer from the failure of the Goods or from the rejection of the warranty claim by the Goods Distributor.
6.12 Where the Goods form part of an installation which has not been carried out and certified by Hetas or other recognised Government Competent Person scheme or the installation has not been notified and approved by the local authority Building Control then the Goods shall be deemed to be illegally installed and the Goods Distributor's product warranty void. In such instances WBS will not be liable to provide advice or technical information regarding the performance of the Goods.
6.13 The Goods Distributor's decision on all warranty claims is final.
7 DELIVERY AND NOTIFICATION OF DELIVERY OF GOODS
7.1 If WBS is prevented or delayed (directly or indirectly) from making a delivery of the Goods or any part thereof on the agreed date of delivery or from otherwise performing the contract or any part thereof by reason of
act(s) of God, war, riot(s), lock-out(s), trade dispute(s), fire(s), break-down, interruption of transport, extreme weather conditions, Government action, delay in delivery to WBS of any Goods or materials or by any cause whatsoever (whether or not of like nature to those specified
above) outside its control, it shall be under no liability to the Buyer and shall be entitled without any liability to extend the time or times for delivery or otherwise performing the contract or any part thereof by period equivalent to that during which such delivery or installation or performance has been prevented by any of the restrictions herein before referred to.
7.2 All deliveries are subject to payment authorisation (see 10.2).
7.3 Where a specific delivery date or time is given to the Buyer by WBS, except when contained within a written guarantee provided by WBS, it shall be deemed to be an estimate only and any delay in delivery shall not give the Buyer the right to repudiate the contract or to reject the Goods in question.
7.4 Delivery dates and times may be subject to variation by our appointed courier under their terms and conditions of carriage and whilst every care is taken to avoid delays to deliveries, WBS does not accept any liability for any loss or damage whatsoever resulting from a delay in delivery, or failure to deliver whether or not caused by circumstances within our own or our appointed courier's control.
7.5 In order to minimise any potential disruption, WBS strongly recommend that the Buyer checks with us at the earliest opportunity on the morning of the agreed delivery day so that we can provide a more accurate estimated time for delivery of the Goods.
7.6 Delivery of and risk in the Goods shall be deemed to have taken place by WBS, or our appointed courier's physical delivery of the Goods to the Buyer, the Buyer's premises, the Buyer's courier or to the Buyer's nominated delivery address.
7.7 A signature on by any agent, employee or representative of the Buyer or by any independent courier nominated by the Buyer on WBS' or our appointed courier's 'Proof of Delivery' for any delivery shall be regarded as acceptance of the delivery and conclusive proof that the delivery by WBS or our agent or appointed courier carrying out the delivery in accordance with specific instructions given in writing by the Buyer, has been completed and received in good condition.
7.8 WBS cannot accept any responsibility for the health and safety of the Buyer or the Buyer's representatives mounting WBS' vehicles or our appointed courier's vehicles for whatever reason or purpose.
7.9 No claims will be entered into where Goods delivered by WBS or our appointed courier have been signed for as 'received in good condition' and are subsequently found to be damaged. It is the Buyers sole responsibility to fully inspect any Goods supplied by WBS and to notify us immediately by telephone, followed up in writing within 3 working days, if Goods are found to be damaged at the point of delivery.
7.10 At the time of placing an order it is the Buyer's responsibility to inform WBS of any potential difficulties which may be encountered by our appointed courier when they deliver the Goods. In particular our attention should be drawn to narrow lanes, steep or awkward drives, gravel paths, steps and stairways so that we can advise the courier of these and if necessary make alternative arrangements with a different type of courier service. Should the Buyer fail to inform us of these potential problems and this subsequently results in an unsuccessful delivery or a re-delivery, WBS shall, at our discretion, be entitled to charge the Buyer any additional delivery charges at cost that the courier applies to our charges for that particular delivery.
7.11 Damage caused due to inadequate site access and or the lack of proper facilities shall be at the risk of the Buyer.
7.12 The appointed courier will only deliver Goods where the courier's representative can comply with current Health and Safety regulations, the courier's insurance requirements and the courier's terms and conditions of carriage.
7.13 In line with most other courier services, specifically, the courier is only required to deliver the Goods to the edge of the Buyer's premises or agreed delivery address. Whilst most couriers will take the Goods beyond the edge of the Buyer's property or delivery address it shall not be deemed by the Buyer that there is a failure of WBS' appointed courier service should a courier not agree to do this. Should an individual representing the appointed courier agree to undertake this, then this will be deemed by the Buyer to be a good will gesture by the individual and not form part of the agreed delivery terms and no liability shall be accepted by WBS or the appointed courier for any losses whatsoever incurred by the Buyer from any subsequent accidental damage howsoever caused to the Goods or the Buyer's property or delivery address.
7.14 Where the Goods are of a heavy nature (eg a wood burning stove) please be advised that it is the Buyer's responsibility to ensure that adequate and appropriate help to move the Goods is on hand should there be a requirement to move the Goods from the edge of the property.
7.15 Where an estimated delivery date is agreed and confirmed between the Buyer and WBS the Buyer should ensure that either the Buyer or a responsible nominated representative is available at the agreed delivery address on the delivery day to check the Goods and sign for the receipt of the Goods in good condition.
7.16 Where a delivery fails because either the Buyer, or their responsible nominated representative, is unavailable to sign for the receipt of the Goods then WBS reserves the right, at our discretion, to charge the Buyer any additional delivery charges at cost that the courier applies to our charges for any subsequent re-delivery.
7.17 The Buyer must inform WBS as soon as possible and at the latest within
24 hours of the Goods not being delivered on the day agreed so that WBS can locate the missing Goods through the appointed courier's tracking system. A free replacement will be supplied if the Goods are deemed to be lost in transit and this delivery will also be subject to the terms and conditions outlined here. Should this not be acceptable to the Buyer then the Buyer has the right to cancel their order in writing within 24 hours of WBS' notice of lost consignment.
7.18 Should Goods deemed to be 'lost in transit' subsequently be delivered to the Buyer and the Buyer has received replacement Goods from WBS or previously cancelled their order for these Goods then the Buyer agrees that these Goods are not 'unsolicited' and that ownership shall be retained by WBS and that the Buyer will provide such reasonable help is as necessary to WBS in order to recover these Goods at WBS' cost.
8 DAMAGED GOODS
8.1 Upon receipt of the Goods the Buyer must take the necessary steps to satisfy themselves that the Goods have been delivered in good condition, in particular to ensure that the glass is not broken, and then sign the appointed courier's documentation as 'received in good condition'.
8.2 If you are not entirely satisfied that the Goods are in good condition, then do not sign the courier's delivery note. In this instance the Buyer should inform the courier and also immediately inform WBS, preferably by telephone before the courier leaves, as the courier may need authorisation from WBS to take the Goods back with them.
8.3 Do not sign the courier's documentation as 'unchecked' as liability will not be accepted by WBS or our courier for any transit damage which is subsequently discovered.
8.4 Where appropriate, for example broken glass or minor scuffs or scratches to paintwork, the Buyer agrees that WBS has the right to provide the Buyer with replacement glass or the appropriate touch-up paint.
9 SUPPLY OF GOODS AND AVAILABILITY
9.1 WBS reserves the rights to refuse the supply of Goods to the Buyer at its discretion and without explanation.
9.2 All Goods are subject to availability and may be withdrawn without prior notice at any time.
9.3 In such instances WBS may suggest an alternative but will not process the Buyer's order unless written confirmation from the Buyer is received by us that the alternative Goods are acceptable to them.
10 PAYMENT TERMS
10.1 Payment of the Goods is to be made in accordance with these Terms and Conditions unless agreed in writing by WBS.
10.2 Where Goods are ex-stock all Goods must be paid for in full prior to the Goods leaving WBS' warehouse.
10.3 Where an item is not held in stock then a 25% deposit is required at the time of placing your order for any Goods which are to be specifically obtained by WBS for the Buyer. The balance must be paid in full when the Goods are received into WBS' warehouse prior to dispatching the Goods to the Buyer.
10.4 The Buyer shall not be entitled to make any set-offs against other sums due to WBS or withhold payment in respect of any counter-claim without the express written permission of WBS.
10.5 A Buyer in subsequent breach of these terms can be charged additional interest at the rate of 2% per month on the balance owed without prejudice to WBS' rights of recovery.
10.6 These Terms and Conditions of sale do not imply that a credit account with WBS is ongoing or that credit will be granted by WBS.
11 ORDERS AND OFFER OF ACCEPTANCE
11.1 To place an order on the WBS' website you must be over 18 years of age.
11.2 All orders and deliveries are subject to payment authorisation.
11.3 The placing of an order (whether orally or in writing) and whether or not based on an estimate or a quotation from WBS, shall be deemed to be subject to the Terms and Conditions herein contained, and these Terms and Conditions shall be applied to the order and to any contract resulting from the acceptance thereof to the exclusion of any other provision contained in any other document issued by either the Buyer or WBS, in particular, but without prejudice to the generality of the foregoing contained in any order sent by the Buyer.
11.4 Any modifications or amendments of these Terms and Conditions shall not be binding upon WBS unless otherwise stipulated herein, or agreed on behalf of WBS with the Buyer in writing.
11.5 WBS reserves the right to accept or reject, in whole or in part, orders or instructions received by it from any agent, employee or representative of the Buyer.
12 REJECTED GOODS AND CANCELLED ORDERS
12.1 If the Buyer has cause to lodge a complaint regarding the quality or performance of the Goods delivered by WBS, details of such complaint must be received in writing at WBS within 7 days of the Goods being delivered or installed in order that the complaint can receive WBS' attention.
12.2 Outside of this arrangement the Buyer will not be entitled to receive recompense from WBS should the complaint subsequently contain any substance, accept where the Goods' quality or performance fail to meet the Goods Distributor's terms and conditions and the requirements of the Sale of Goods Act 1979.
12.3 Any Goods intended for return to WBS must be in a saleable condition and where reasonable within the original packaging.
12.4 Where Goods have been specially ordered by WBS on behalf of the Buyer and are subsequently rejected by the Buyer or the Buyer cancels their order for the Goods, WBS shall be entitled at their discretion to retain the Buyer's deposit in part or in full for the said Goods and in addition charge the Buyer for any subsequent re-stocking charges levied by the Good's Distributor for the return of the Goods by WBS to them. The minimum charge for this shall be not less than 25% of the total cost for the rejected Goods or cancelled order.
12.5 Where Goods have been created or modified by the Good's Distributor for WBS at the request of the Buyer and the Goods are subsequently rejected or cancelled by the Buyer, then WBS shall be entitled to charge the Buyer the full and final agreed cost for the Goods.
12.6 Goods to be returned by WBS can only be made with the prior written agreement of WBS. Goods returned without prior written agreement can be rejected by WBS. Accepting such Goods by Wood Burning Stove's warehouse does not imply that WBS accepts the Buyer's reason for returning said Goods.
13 TRANSFER OF PROPERTY
13.1 The property in the Goods shall not pass to the Buyer and legal beneficial ownership of the Goods shall remain with WBS unless and until WBS has received payment in full for the Goods in question (each being considered as a whole).
13.2 In the event of recovery of Goods being necessary, WBS or its appointed agent shall be entitled to enter any premises where these Goods are stored or believed to be stored to retrieve the Goods
14 INSTALLATION OF GOODS
14.1 Every care is taken by WBS, its Installers and Approved Independent Installers to ensure that all work is carried out to a professional standard and that dust and debris, which could potentially damage decor and floor coverings, are minimised. However, it is the Buyer's ultimate responsibility to ensure that where possible floor coverings and furniture are removed from the working area, which is normally the room where the Goods are being installed, or alternatively, that these items are adequately protected. No claims will be entertained by WBS or its approved independent installers where the Buyer has failed to do this.
14.2 Chimney building work may disturb other brick and plasterwork and could potentially cause some visible cracks in plasterwork which should be regarded as a normal part of the installation process. Excessive cracks in plasterwork should be reported to WBS or our Approved independent installer in the first instance within 7 days of the date of the completion of the installation of the Goods.
14.3 It is required for the Buyer or the Buyer's appointed representative to be present when installation work is completed so that the Goods can be commissioned and their safe operation can be fully explained.
14.4 The Buyer or the Buyer's appointed representative should ascertain that the work is complete, that the Goods are performing correctly and that the installation has been finished to a satisfactory standard prior to the Installer leaving the installation. Where the Buyer fails to do this, or fails to make alternative arrangements to do this with WBS, the Goods installation will be deemed as 'completed satisfactorily' by WBS.
14.5 Complaints will only be entertained by WBS if they are received in writing within 7 days of the date of the completion of the installation of the Goods.
14.6 Where the Goods are intended to be installed by the Buyer, or the Buyer's appointed installer, it is deemed that responsibility for ensuring that the Goods are suitable and are in a fit condition to be installed rests with the Buyer or the Buyer's appointed
installer and not with Wood Burning Stoves.
14.7 Where the Goods form part of an installation which has not been carried out and certified by Hetas or other recognised Government Competent Person scheme or the installation has not been notified and approved by the local authority Building Control then the Goods shall be deemed to be illegally installed and the Goods Distributor's product warranty void. In such instances WBS will not be liable to provide advice or technical information regarding the performance of the Goods.
15 RISK AND INSURANCE
15.1 WBS shall not be liable in respect of any claim arising out of any loss or damage caused to any person or property by the use of any of the Goods supplied.
16 YOUR STATUTORY RIGHT TO CANCEL YOUR ORDER
16.1 The Buyer has the statutory right under the Consumer Contracts Regulations to cancel the order, whether the order has been given over the telephone or through our website, from the moment it is placed until 14 days from the receipt of the Goods supplied by WBS. The exception to this would be for any Goods which have been altered by WBS or the Goods Distributor as specified and agreed by the Buyer.
16.2 Orders must be cancelled in writing. You do not need a cancellation code.
16.3 It is the Buyer's sole responsibility to return cancelled Goods in re-sellable condition and to bear the costs for their safe return. In the case of large items which require a specialised courier service (eg wood burning stove) then WBS, with the agreement of the Buyer, can arrange pick-up of the Goods at a mutually convenient time and deduct the costs (at
cost) which we are charged by our appointed courier from any monies which are to be refunded to the Buyer.
16.4 If the Goods are not received by WBS by the end of the statutory 14 day period from their original receipt by the Buyer then WBS shall not be liable to refund the cost of the Goods.
16.5 The Goods must be returned in their original and re-sellable condition and in their original packaging and where applicable on the pallet they were originally delivered on.