Hearth & Home Huddersfield Terms and Conditions of Business.
These terms and conditions of sale apply to all contracts between us and you in connection with the sale of goods and services from Hearth & Home.
DEFINITIONS
In these conditions the following words shall have the following meanings:
“Buyer”, “you” or “your” means the company, firm, consumer, or person who buys or agrees to buy the Goods and/or Services from the Company.
“Company”, “we”, “us” or “our” means Fireplace Factory Outlet Limited T/A Hearth & Home (company no: 12087493).
“Conditions” means the terms and conditions of sale set out in this document.
“Contract” means any contract for the sale of Goods and/or Services from the Company trading as Hearth & Home to the Buyer incorporating these Conditions.
“Goods” means the products, articles or things as described in your sales receipt, invoice, order, or quote.
“Order” means any such written instruction that is set out in a quote to supply the Goods and/or Services incorporating these Conditions.
“Services” means services provided by the Company trading as Hearth & Home to the Buyer as described in your sales receipt, invoice, order or quote.
“Hearth & Home” means the trading division of the Company Fireplace Factory Outlet Limited trading under the name Hearth & Home.
We reserve the right to slightly vary the specifications or descriptions of the Goods, but such variations will not significantly affect the quality or fitness for the purpose of the Goods.
All Goods and Services must be paid for in full by the Buyer before arranging delivery. Payment must be in cleared funds.
3.1 Any delivery time or date stated on a quote, the Order or given verbally is given as an estimate only. Time of delivery is not of the essence. You are advised to commit to any installation schedule with your installer only once the Goods have been received and checked by you. We shall not be liable for any costs, direct or indirect loss of profits or other financial loss or damage incurred by you, your agents or any other third party due to an installation schedule committed to by you prior to the Goods being received, checked, and accepted by you.
3.2 The delivery date will be confirmed to you when the Goods are available for delivery. If you are unable, for whatever reason, to take delivery of the Goods on the confirmed delivery date, we reserve the right to charge you for any subsequent deliveries.
3.3 We shall be entitled to make partial deliveries or deliveries by instalments. Each instalment shall be a separate agreement to which all the provisions of these Conditions shall apply. Signature of any delivery note by an agent, employee or representative of the Buyer shall be conclusive proof of delivery.
3.4 You must as soon as possible after delivery carefully inspect the Goods and advise us of any damages, defects, or shortages within 48 hours of delivery or before installation is started (whichever is the earlier). We shall not be liable for any shortages or damaged or defective Goods that would have been apparent on careful inspection if you do not notify us in writing within 48 hours of delivery or before installation is started (whichever is the earlier). Signature of any delivery note by you or on your behalf confirming that you have examined the Goods shall be deemed conclusive proof that you have carefully inspected the Goods and accept them.
3.5 You agree to accept delivery within 2 months of the order date overleaf. In the event of you not accepting the Goods within this 2 month period, we reserve the right at our option either to charge you for the storage and insurance of the Goods at the rate of 2% of the total order value of the Goods per month (which shall be incurred with effect from 2 months following the order date) or to cancel the Order and refund you the purchase price less a handling charge of 20% of the purchase price.
3.6 Our Hearth & Home delivery vehicles are manned by the driver alone in order to enable us to offer a competitively priced delivery service. Please therefore ensure suitable assistance is available to off-load any heavy goods. Please note, our deliveries are made to convenient vehicular access points to your delivery address stated overleaf, we are unable to physically deliver bulky or heavy items into your home.
4.1 Any prices quoted by us for the Goods and Services are based upon current prices ruling as at the date appearing on the quotation supplied by us but the actual price charged to you under the Contract is shown on the Order and based upon such ruling price (less any discount applied by us) current as at the date of the Order.
5. CANCELLATIONS BY THE BUYER
5.1 There are four groups of products supplied by Hearth & Home:
Stock Products are defined as all products in stock in Hearth & Homes’ premises at the time of the Order or those products that would normally have been in stock at the time of the Order – if in doubt please ask one of our sales representatives.
Non-Stock Products are defined as any product that is not normally kept in storage at Hearth & Homes’ premises – if in doubt please ask one of our sales representatives.
Seconds are defined as all products that are sold by Hearth & Homes’ as seconds or end of line goods – if in doubt please ask one of our sales representatives.
Special Order Products are defined as any product that is created specifically for the application required by the buyer (bespoke) or for products sold in unique batches, e.g., bespoke size fireplaces, slips, hearths and other fireplaces parts.
5.2 You may cancel your Order and be entitled to a refund subject as provided below. A re-stocking charge (at the rates specified below) may be incurred which will be deducted from any refund made to you. Any delivery costs incurred by us on any returns accepted will also be deducted from any refund payable to you. The following re-stocking charges are expressed as a percentage of the purchase price for the cancelled or returned Goods:
