Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.simplyfires.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1. INFORMATION ABOUT US
www.simplyfires.com is a site owned and operated by Simply Fires Limited (we). We are registered in England and Wales under company number 04979730 and with our registered office at Stirling House, Carriers Fold, Church Road, Wombourne, Staffordshire. WV5 9DJ. Our main trading address is Unit 12, Wombourne Enterprise Park, Bridgnorth Road, Wombourne, WV5 0AL . Our VAT Registration Number is 866491678.
2.1 Product information is offered in good faith, but should only be regarded as a guide. Confirm any details before making any purchasing or contractual arrangements.
2.2 Neither Simply Fires Limited nor their associates or employees can accept any liability for errors or omissions on this web site. We make every effort to provide accurate information, but errors and omissions are possible.
2.3 Information about products on this web site does not form part of a contract of sale. It is intended to identify the products on sale, not to define them.
2.4 Dimensions and other specifications given on this site are mostly as provided by the manufacturer and may be approximate (sometimes manufacturer-supplied information is contradictory). Specifications may change without notice. Please confirm any specific details before ordering.
2.5 All goods and prices are subject to availability from our suppliers.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order and submitting your Payment, you will receive an e-mail from us acknowledging that we have received your order and Payment. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a confirmation e-mail that states that we have received your Order and Payment and when the Product is due to be dispatched. The contract between us (Contract) will only be formed when we send you the confirmation email.
4. CONSUMER RIGHTS
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
4.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation
5. AVAILABILITY AND DELIVERY
5.1 Your order will be fulfilled by the delivery date set out in the email confirmation. All Products are ordered from a third party therefore delivery will depend on either their waiting list or time on manufacture, usually within 7–14 working days. Any out of stock item will be put onto back order and you will be notified accordingly with the option to cancel your order. All orders to third parties are made on receipt of full payment.
5.2 Delivery will be handled by Carriers. They will only deliver to the entrance of the property. The product should be fully checked and accepted as detailed below in clause 5.4. Please see our delivery page for more details.
5.3 Upon delivery, the Product must be unpacked and checked in full to ensure your satisfaction with the Product prior to acceptance and/or signature for the Product(s). Any Product signed for will be deemed to be complete and in good condition. Should the Product be deemed unsatisfactory, you should contact us within 24 hours or send the product back with the carrier. If the glass in a stove door has cracked in delivery, we would recommend that you accept delivery and we will send a replacement glass.
5.4 Upon acceptance of the Delivery of a stove, if you have chosen not to use our Stove Installation Service, you are responsible for installing the Product inside the Property. We would however recommend that you do not attempt to move the Product with less than two people or without suitable moving apparatus. If you have chosen to use our Stove Installation Service, this is detailed further at clause 6 below.
5.5 If you cancel an order after we have started to ship it, we reserve the right to make the shipping charge to our warehouse, even if the products have not reached your address
6. STOVE INSTALLATION SERVICE
Our stove installation service is available to you if you live within a Two hour radius of Wolverhampton. If you choose to use this service, we will deliver the Product directly and responsibility for the Product will remain with us until the installation is complete. The installation service is subject to a separate contract of service and you will receive confirmation for the price of this service following a satisfactory survey. You will be invoiced separately for this service
7. RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT at the current rate but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide. Our fitting service is invoiced separately.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an email Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our confirmation procedures 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 a 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 such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an email Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing.
8.6 Payment for all Products can be paid by Credit/Debit Card or Bank Transfer
9. OUR REFUNDS POLICY
9.1 When you return a Product to us:
- Because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
- The customer is responsible for the safe return of the product(s). The items(s) should be received back by us not damaged in any way and should be complete in its pristine/original packaging. The customer is responsible for the cost and risk of loss or damage when returning the goods, so enough postal insurance should be taken to cover the value. Any goods returned must be in a saleable condition.
- If for any other reason (for instance, because you have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective subject to clause 5.4 above), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase
9.3 Bespoke/Made to Measure products cannot be returned for a refund.
10. OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased [and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us].
10.3 This does not include or limit in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude, or attem
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage [and which are not foreseeable by you and us], including but not limited to:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data, or
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise [, even if foreseeable];
provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 10.4.
Simply Fires Limited do not disclose buyers’ information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party. Data collected by this site is used to:
a. Take and fulfil customer orders.
b. Administer and enhance the site and service.
c. Only disclose information to third-parties for goods delivery purposes.
13. IMPORT DUTY
13.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Simply Fires Limited at Stirling House, Carriers Fold, Church Road, Wombourne, Staffordshire. WV5 9DJ or firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail 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 such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee
16. TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. EVENTS OUTSIDE OUR CONTROL
17.1 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 (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law
20. ENTIRE AGREEMENT
20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions
20.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 We have the right to revise and amend these terms and conditions from time to time [to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Email Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.