Terms & Conditions
Contract
The following terms and conditions are for the sale of goods from this web site and will govern any contract between First Choice Fireplaces (“the Company”) and the customer (“You”) and shall remain in place or prevail over any terms and conditions contained or referred to in order or correspondence or implied by trade, custom practice or course of dealings (these terms do not affect your statutory rights). Please read these terms and conditions carefully as they will form the basis of any agreement between us if you wish to proceed with an order. Most of our prices include delivery to mainland UK unless specified otherwise and include vat. We recommend that you print a copy of these terms and conditions for any future reference.
General
Nothing shown on this web site will constitute an offer of goods or services.
To order goods through this web site you must be at least 18 years of age.
This contract is subject to the law of England and Wales. All disputes arising will be resolved exclusively to the jurisdiction of the courts of England and Wales. We operate a complaints handling procedure that offers you the opportunity to resolve any disputes you may have when they first arise. If you have a complaint please contact us at info@firstchoicefireplaces.co.uk
First Choice Fireplaces has a privacy policy for all customers with regard to their personal details which are securely stored. We will make every effort to keep your details secure and we will not supply or sell any customer details to any outside organisation or third party at any time.
We reserve the right to make amendments at any time to this web site without prior notice by adding or removing services. This will be without any liability to you. We also reserve the right to withdraw any discounts offered at any time at our discretion.
Failure by First Choice Fireplaces to enforce any of these terms and conditions will not affect our right to enforce the rest of these terms and conditions. Similarly if any of these conditions are found to be unlawful or void or unenforceable then that provision shall be excluded and shall not affect the enforceability of the remaining terms and conditions.
Any links from this site to other web sites have been included for you convenience only. However the inclusion of a link does not imply that we endorse any responsibility for the linked site, its content or provider. Access to a linked site will be subject to that sites own terms and conditions to which you should refer.
All images on our website show approximate sizes and measurements and whilst we endeavour to ensure there accuracy, it is advised that you consult any links provided to verify the size of the item with the specific manufacturer, as specifications can change hence all manufacturers reserve the right to change their product without notice at any time.
These terms are subject to change at any time without prior notice to you.
To the fullest extent permitted by law, First Choice Fireplaces is providing this site and its contents on an “as is “basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied with respect to this web site or the information, content, prices, materials or products included in this site including without limitation warranties of merchantability, satisfactory quality and fitness for a particular purpose.
Ordering
The price you will pay for the goods is shown in the total order section of the shopping basket together with any relevant delivery charge where applicable. Although we are entitled to make further adjustments to the price after you have placed your order despite it being a legally binding contract to include any errors or supplier increases. In the unlikely event that we do change the price then you can either accept this or terminate the contract by notice to us in writing.
First Choice Fireplaces reserves the right to refuse the supply of goods at its discretion ordered by you or to deliver to any particular postcodes.
On receipt of your order we may find the price quoted for the goods has changed. If this happens we will inform you of the new price and ask if you would still like to proceed with your order. If you are not prepared to accept any further charges then we will refund all monies paid by you and terminate the contract with no further liability to either party.
Once we have confirmed to you in writing that your order has been accepted, it is then and only then that we have a legally binding contract to supply the goods as requested.
We accept most credit card / debit card payments either online or over the telephone if you prefer.
Unfortunately we do not accept Cheque payments. If you do not have a valid, current, credit or debit card or simply don’t want to pay using this method, then we can still help you.
All goods remain the property of First Choice Fireplaces until such time as the goods are paid for in full.
Where goods have been ordered without the required accessories to install the goods purchased, e.g. a spacer kit for a gas or electric fire or LPG conversion kit for a gas fire, we cannot be held responsible for this and a delivery charge will therefore apply even if the original delivery did not incur a delivery charge. We would strongly advise you to ensure you have everything you require before proceeding to purchase any goods from us to avoid unnecessary additional costs thereafter.
In addition to your consumer rights, we also reserve the right to terminate this contract between us without penalty, within 7 days from the date we accept the order. In which case we shall refund you the amount paid and you shall return any items you have received.
You will be asked to acknowledge that you have both read and accept our terms and conditions of sale before finalising your order by using a simple tick box.
Cancellation of orders
As a consumer under the distance selling regulations you have the right to cancel this agreement within 7 days for whatever reason (with the exclusion of point 2 below), although you must provide us with such notice in writing. Please note that you will be responsible for the costs of returning the goods to us unless the item was sent to you in error or the item is faulty. The 7 day period starts from the day after you receive the goods, although goods do not have to be returned within this 7 day period. We will refund you within 30 days on return of the goods. If you do not return the goods within 30 days at your own expense we will levy a charge equal to the cost involved with us attending your premises to collect the goods and we will deduct this from any refund owing to you. However the goods supplied must be kept in good condition and unused as the customer has a duty of care in law concerning the goods during the cancellation period. You should return the goods with their original packaging with a view to minimising the possibility of transit damage. For your protection, we recommend that you use a recorded delivery service with insurance. You should also be aware that once we begin the delivery or collection service, you will not be able to cancel any contract you have with us for services carried out by us for you.
The right to cancel does not apply to goods that are personalised or made to a consumer’s specification otherwise known as ‘Bespoke’ goods. Where this applies to goods on our website this will be made clear in the notes section of each product or by way of notification in writing or both.
All refunds will be made in pounds sterling (GB) to the sum paid at the initial point of sale. The Company will not accept any liability for any differences / changes that may occur in currency between the time of the initial purchase and time of a refund being made.
Liability
All goods are supplied in good faith as soon as possible, although we will not be liable for any consequential loss or any other losses that you suffer as a result of any breach of our agreement, except those which are a foreseeable consequence of the breach. In particular, as the goods and services are provided to you as a consumer, we cannot accept any loss of profit, loss of contracts and loss of revenue or other business loss or depletion of goodwill that you may incur as a result of any breach of our agreement. Any injury damage or loss arising directly from the negligence of First Choice Fireplaces or any of its agents will be limited to a refund of the value of the goods purchased, together with any other charges paid.
Goods are subject to availability. If the goods become unavailable due to delays on the manufacturers part or if we fail to supply the goods for this reason or any other reason beyond our control, we will refund all monies paid in full for the goods, although we will not accept any responsibility for compensating you for any losses you may suffer in connection to this delay.
Many of the products shown on our web site are of a technical nature. Due to the vast range we offer it is impossible to show all product details and to keep them accurate at all times. All drawings, descriptions and specifications are merely for the purpose of providing you with approximate information about the goods before you make a purchase. We provide links where available to most of the manufacturers web sites where you will find more detailed information on the products of interest to you, or alternatively you may call a member of our sales team who will be able to answer any further questions. All the information contained in the website is to assist in your choice of a suitable product. This is not intended to be all the information required to install your goods. This can be obtained from the manufacturer themselves. However if you do purchase goods from us based on information on our site which are of an unsuitable specification, which was not apparent at the time of ordering, then we will accept the return of the goods in good condition under our terms and conditions procedure as detailed under ‘delivery & returns’, although any damage or missing parts may be subsequently charged to you to be deducted from any refund.
Delivery & Returns
At First Choice Fireplaces we always want shopping to be a pleasant and satisfying experience for you. In order to achieve this, we would like explain the delivery procedure, receiving of goods and our returns policy to you, so that you know exactly what to expect with regard to delivery and in the unlikely event that you need to report any damage / missing parts or return any goods to us.
We will endeavour to deliver goods within any indicated timescales given to you on receipt of your order, although goods are subject to availability and delay in delivery of goods is sometimes out of our control. Delivery timescales are estimated as shown on each and every product on our website, although deliveries are normally made within 5-10 working days. All delivery dates are approximate only and we shall not be liable for any consequential loss or any other loss, costs, damages, charges or expenses incurred by you in the delayed delivery of the goods to you however caused.
Delivery Procedure
Once we have received your order we will check all the details over carefully, at which point we will send you a return email accepting your order. At this point we will be able to answer any additional questions you may have regarding your purchase. Once this is done and payment in full has been received, we will then process your order as quickly as possible to ensure you receive your goods promptly. Although we are frequently asked, we may be unable to confirm whether it will be an AM or PM delivery due to the varying types of freight company’s we use and the general logistics of the road network on the agreed day of delivery.
Order Processing
Whilst we normally dispatch stock items within 7 days from receipt of order, some products may take up to 28 days to deliver due to circumstances beyond our control as on occasions a particular item may be temporarily out of stock from the manufacturer or distributor. However rest assured we will dispatch the item to you as quickly as possible or as soon as it becomes available, although if the order is delayed by more than 14 days you will have the right to request a refund and to cancel the order. We also strongly advise you not to organise the installation of your goods with any qualified installer based on any provisional delivery dates given to you, as goods can sometimes be short delivered, arrive damaged or can be lost in transit to you.
Delivery of Goods
Once you order is processed we will only deliver the goods to the delivery address that you have given us and we reserve the right to refuse delivery to any particular postcodes as stated in our terms and conditions. Additional assistance to offload the goods from the vehicle when it arrive is always recomended due to the varying nature, size & weight of the goods we offer. We will use a reputable freight company to transport your goods and you will be required to sign for them on receipt. Once a consignment of goods leaves our premises it becomes the freight company’s responsibility to transport the goods safely to the intended destination. By signing the consignment / delivery note, you are indemnifying the freight company of any responsibility and acknowledging that you have received the goods in “Good Condition”. Consequently we will not be able to replace any damaged goods free of charge. The goods will generally be delivered on a large delivery vehicle, so please let us know, as soon as possible, if there will be any problems with access to avoid a failed delivery and possible 2nd delivery charges being applied to your order. Please be aware that the freight company/courier will only move the goods to the nearest point i.e. kerb side, depending on access. The freight company/courier will be unable to move the goods across gravelled, or unfinished drives, through narrow openings, or up steps. Unfortunately due to insurance and health and safety reasons the freight company/courier is NOT permitted to move the goods inside your property for you. It is for these reasons why we recommend that you have help on hand to accept delivery of the goods on arrival at your property, as deliveries are generally made by one man who requires assistance with offloading and the moving of goods up to your property.
Signing for Goods
When accepting a delivery, if you do not have time to examine the goods, then you should cross out “Received in Good Condition” and write on the consignment / delivery note “Received Damaged” and then sign for the delivery. This will then give you an extended period of time of up to 48 hours to examine the Goods and report any damage and or missing parts to us. After this time we cannot accept any claims for damage. So please, for your own protection check the goods thoroughly before accepting them and refuse any items with visible damage or clearly sign “Received Damaged” if you are unable to check any item thoroughly on receipt. Freight companies will also not accept any claims for damage in instances where goods are signed for as “Unchecked” as this is classed in the same way as signing for the goods as “Received in Good Condition”, so please for your own protection do not sign for goods in this way otherwise you will indemnify the Freight company of any liability in respect of any damage claim and will be taking that responsibility on yourself.
Damaged or Missing Goods
If within 48 hours after receiving the goods and signing for them as “Received Damaged” you find damage or missing parts not visible at the time of delivery, then you should report it to us immediately in writing by email, letter or fax. Failure to do so will not entitle you to a valid claim and we shall have no further liability for the goods said to be received damaged or missing on delivery after 48 hours from receipt of the delivery date. Similarly if any items are found to be damaged or parts missing on receipt we will arrange the exchange / replacement part or goods to be sent to you free of charge as soon as possible.
Delivery Liability
As soon as we have delivered the goods you will be responsible for them. If however you delay in accepting the goods, our delivery responsibility for everything other than any damage due to negligence will end on the date the freight company tried to deliver the goods to you. The freight company shall be entitled to hold the goods in storage and to charge you the reasonable costs of such storage and insurance which you will be liable to pay to them. You may also be liable for a additional delivery charge caused by these events in the re delivery of the goods for a second time. You should also be aware that once we begin the delivery process which means goods are on the way, you will not be able to cancel any contract you have with us for services we have carried out by on your behalf e.g. postage and packaging services.
Returns
We accept returns in accordance with the distance selling regulations.
If you decide within the 14 day period of receiving your order that you simply do not wish to retain the goods or wish to exchange the goods, then they should be returned insured via recorded delivery to us in an undamaged and unused condition. They must be returned with their original packaging and with labels intact at your own expense, unless we delivered it to you in error or it was faulty / damaged.
Please also retain proof of insurance/posting, as we will not accept any liability for goods lost or damaged in transit back to us. You must also email us in advance of any return stating the reason for the return and to obtain a return reference number. We will not accept any goods being returned without a valid returns number clearly marked on the outside of the packaging and they will be refused on arrival.
If on receipt of authorised returned goods we find the packaging, goods or that parts are missing, then we are entitled to make a charge for damaged or missing parts which may affect the amount that we refund to you. We also reserve the right to charge a 20% restocking fee. Goods must be returned to us within 14 days from receipt of a Returns number, failure to do so will be acknowledged that goods have been accepted and the return is no longer required.
WEEE Regulations
The Waste Electrical and Electronic Equipment (WEEE) Directive is now U K law. The legislation aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The regulations also mean that suppliers of equipment like high street shops and Internet retailers must allow consumers to return their waste equipment free of charge. The amount of WEEE we throw away is increasing by around 5% each year, making it the fastest growing waste stream in the UK. Much of the UK’s WEEE ends up in landfill, where the lead and other toxins it contains can cause soil and water contamination. This can have a harmful effect on natural habitat, wildlife and also human health. Many electrical items that we throw away can be repaired or recycled. Recycling items helps to save our natural finite resources and also reduces the environmental and health risks associated with sending electrical goods to landfill. Distributors of new Electric and Electronic Equipment (EEE) have a part to play in reducing the amount of WEEE going into landfill sites. First Chocie Fireplaces are hereby obliged under these regulations to offer our customers free take-back of their WEEE on a like-for-like basis when you buy from us a new Electrical or Electronic product. However it is the consumer that is responsible for organising the return of such goods, to us and the costs involved.
For example, if a customer bought a new EEE item from us we would accept their old WEEE item and prevent it going into a landfill site by disposing of it safely. Customers must return their WEEE item to us within 28 days of purchasing their new item at their own expense.
Under the WEEE Regulations, all new electrical goods should now be marked with the crossed-out wheeled bin symbol shown below:
Goods are marked with this symbol to show that they were produced after 13th August 2005, and should be disposed of separately from normal household waste so that they can be recycled.
WEEE Directive PDF Version or for more information regarding recycling please visit http://www.direct.gov.uk/.
Faulty Items
If a product is installed and is found to be faulty or develops a fault within the first twelve months of purchase, we would initially advise you to consult the user and installation instructions booklet for the product. Most manufacturers include a ’trouble shooting guide’ which may enable you to locate the problem and possibly rectify it immediately unless it is gas related in which case you will need to consult a qualified engineer. If you are unable to correct the problem and it still exists then the manufacturer of the product may be able to attend under the first year of the manufacturers guarantee to remedy the situation. Their details are normally on the user / installation booklet or data badge on the appliance or you will be able to find their details in our customer services section of our site under ’manufacturers/brochures’. However if you need any further assistance then you can email us at info@firstchoicefireplaces.co.uk
We hope you found the answers to the questions you may have had relating to delivery and returns. However, if you have any additional questions unanswered, then simply email us at the address above and a member of our Customer Services Team will come back to you by return with a reply.
Warranty / Guarantee
All of the products* offered on our website come with a minimum, statutory 1 year manufacturer’s warranty / guarantee covering parts and labour. In the event that you should decide to purchase a product which has a parts only warranty / guarantee (which can be confirmed by simply contacting the manufacturer of the product you wish to purchase).If at some point after purchase the product develops a problem, then you would need to organise your own installer / engineer to carry out any remedial work at your own cost. If the product needs to be sent back to the manufacturer for repair, then payment for all transportation costs will be the responsibility of the customer and not the retailer, in the event that the manufacturer is not willing to cover the costs of transportation free of charge. If however, after speaking to them you have any further questions then you can contact a member of our Customer Services Team by email to info@firstchoicefireplaces.co.uk
*Please be aware that Stovax Ltd and Gazco Ltd do not offer technical support for products purchased via online nationwide sales. Only products purchased instore and installed by a qualified Stovax or Gazco engineer would be eligible to offer this support. Stovax/Gazco recommend that you visit a designated showroom and also have a pre-install survey to ascertain the suitability of the product.
Stovax/Gazco warranties are subject to the installation being carried out to current building regulations and installed by a qualified Gas Safe or HETAS trained engineer. Also a certificate of installation and commissioning report should be retained by the householder, these can be found in the installation and instruction manual.
Statutory rights under the Consumer Rights Act 2015 as a purchaser of products manufactured by Stovax Ltd or Gazco Ltd are primarily against the retailer. Traditional methods of purchase may provide more direct and additional means of communicating such rights.
Database Rights
In accordance with current EU and UK legislation any unauthorised act of appropriation and distribution to the public of the whole or a part of the contents of this database is prohibited and any infringement of this legislation will result in the appropriate legal action which will be pursued vigourously.
Complaints
In the unlikely event that you are unhappy with any aspect of our service or you feel you have cause for complaint, then please feel free to contact us and we will respond to all complaints within seven days from receipt by email to info@firstchoicefireplaces.co.uk
In the interests of training and quality verification, calls may be recorded.
