1.1 "Seller/We/Our/Us" means Heritage Fireplace Centre whose registered address is, 12-14 Great Central Street, Leicester, LE1 4JT that owns and operates the website www.heritagefireplacecentre.com;
1.2 "Buyer/You/Yourself" means the individual or organization that buys or agrees to buy the Goods from the Seller;
1.3 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.4 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.5 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 "Website" means www.heritagefireplacecentre.com
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address stated in clause 1.1
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available, change the order to stock items or cancel the order and receive a full refund within 30 days.
3.4 We are thorough in ensuring that the information relating to each product is accurate at the time of publication and the photographs give a good representation of colour. As our items are antique they may show signs of wear or repair. The Seller undertakes to mention in item descriptions only those things that may be considered to be of major structural or aesthetic concern. The Seller will supply detailed condition description on any item on request. All dimensions stated within product descriptions are approximate. The Buyer must satisfy themselves they are happy with the condition of the item before purchase. The Sellers showroom is open five days a week or by appointment and they encourage customers to come and view the stock in person if they have any doubts as to fitness for purpose, or condition.
4.1 The price of the Goods shall be that stipulated on the website but does not include delivery. The price is inclusive of VAT.
4.2 No two special offer prices can stand at any one time.
4.3 After the order is received the Seller shall confirm by invoice or email the details, description and price for the Goods
4.4 Payment of the price plus VAT must be made in full before dispatch of the Goods.
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6.1 Goods supplied within the UK will normally be delivered within five to twenty working days of acceptance of order or upon completion of restoration or works, subject to availability.
6.2 Goods supplied outside the UK will normally be delivered subject to agreement prior to acceptance of order.
6.3 The Seller shall use its reasonable endeavors to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
6.4 Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.5 Unless agreed otherwise, Goods will be delivered to the ground floor of the delivery address.
6.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
6.7 All delivery costs should be paid directly to the carrier upon delivery of the Goods.
7.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by phone within 3 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
7.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller within twenty eight days. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective. The Buyer must not dispose of the damaged goods or packaging as they may be required for insurance purposes.
7.3 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund (less delivery costs) by informing the Seller by phone within 14 working days of receipt of the Goods.
7.4 Custom made bespoke items, items made to size; items that have been modified and tiled fireplaces that have had the Buyers chosen tiles cemented into them are non-returnable.
7.5 In the event of the Goods ordered by the Client not being collected, or delivery not being accepted, The Seller reserves the right to destroy or otherwise dispose of such goods after a three month period without reference to the Buyer.
7.6 Goods must be returned by the Buyer at the Buyer's expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods excluding delivery and restock/rework/administration charges within 10 days of return. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
7.7 The Seller reserves the right to deduct the cost of standard delivery from the refund amount where the Goods were eligible for free deliver at time of purchase.
7.8 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
7.9 If the Buyer changes their mind, the goods can be changed prior to delivery or fitting free of charge for up to 10 days after purchase, but not if bespoke or altered goods are involved.
7.10 If the Buyer changes their mind after the goods have been delivered, they will need to be returned to Heritage Fireplace Centre in the same showroom condition within 10 days after delivery/collection but will incur a 20% restock/rework/administration charge. Any damage or blemishes requiring work will need to be charged for and deducted from the refund.
7.11 If the Buyer changes their mind after fitting/installation. At this time it is expected that any change of mind would have been addressed. Also the modern fixing materials/concrete/cement/sealants used during fitting/installation are extremely strong and will adhere to the different components which would mean some goods would need to be discarded or completely re worked. These goods are not considered for return and there is no refund.
9.1. Once goods are due for delivery or collection and available for such delivery or collection, the Seller shall (if the buyer is unable or unwilling to take such delivery) be entitled to recover storage charges as it consider reasonable covering the period to the time when delivery is affected.
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
10.3 No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.