Part 1: Terms and Conditions - website

(Refer to Part 2 for the Terms and Conditions for our supply and installation services)

These terms and conditions apply to the use of this Website only.  By accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below.  These Terms and Conditions prevail over any other documentation or communication.  If you do not agree to be bound by these terms and conditions, you may not use or access this Website.These terms and conditions will apply to all orders for Products which are being delivered within the UK. If your order is for Products which are being delivered outside of the UK , please contact us on info@firefly-london.com

Definitions:

 

“Conditions”

means these terms and conditions

“Product”

means any product displayed for sale on the Website

“Product Description”

means that part of the Website where certain terms and conditions in respect of the individual Product are provided

“Personal Information”

means the details provided by you on registration

“We/us”

means Firefly Stoves Ltd – Company number: 10476811

“Website”

Means the website located at www.firefly-london.com

“United Kingdom”

means England, Wales, Scotland, Northern Ireland and the Channel Islands

"You”

means a user of this Website

 

1. Access

1.1.  You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions

1.2.  Indemnity: You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website.

1.3.  Our Rights: We reserve the right to:

1.3.1. modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

1.3.2.  change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

2.  Privacy and cookies

2.1.  We will treat all your Personal Data as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will fully comply with all applicable privacy regulations and consumer legislation.

2.2.  If you'd like to read more on how and where we collect or how we use your personal data, please see out Privacy Policy.

2.3.  In the Privacy Notice, you can also find out how to stop receiving marketing information.

3.  Description of products

3.1.  Each Product purchased is sold subject to its Product Description which sets out additional specific conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

3.2.  We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

3.3.  Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptances of offer, invoice or other document issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.

 4.  Ordering, cancelling and returning products

4.1.  Orders: We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

4.2.  Any cancellations by the Customer after paying a deposit will result in the deposit being non-refundable in the case of made to order or special order items, for example stoves in colours which are not in stock. For other items an e-stocking charge of £100 will apply to stoves and accessories.

4.3. We may send you an order acknowledgement email as soon as you place your order, and you will receive an order confirmation email detailing the Products you have ordered. These emails do not constitute acceptance of your order.

4.4.  For items being delivered to you, when your product is shipped from our warehouse we will send you a despatch confirmation email

4.5.  Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in and received confirmation of cancellation prior to despatch

4.6.  For most products sent directly from our warehouse, your credit/debit card will be charged when your order is placed.

4.7.  Non-acceptance of an order may be a result of the product being unavailable, our inability to obtain authorisation for your payment or an error in pricing or product description. In which case we will refund you, but please note it can take up to 5 days for the bank to transfer the funds to you.

4.8.  You are entitled to cancel your contract provided that you exercise your right no longer than 14 days after the day on which you receive the goods, for the avoidance of doubt this applies to items ordered through the Website only.

4.9.  Your right to return or cancel products does not apply to goods that are made to measure or are made to your specification (e.g. non-standard colours) or special order. This doesn't affect your statutory rights if goods are faulty or not as described.

4.10.  To exercise you right of cancellation you are obliged to retain possession of the goods and take reasonable care of them.

4.11.  To exercise the right to cancel, you must inform us of your decision to cancel by email, info@firefly-london.com or call 020 8425 0821

4.12. If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you the amount in relation to goods to which cancellation rights apply. This excludes the cost of delivery

4.13.  Goods must be in the original condition, including all original packaging and label in good condition and not used

4.14.  Products which cannot be returned:

  • Those received over 14 days ago
    • Products opened of unsealed
      • Products without original packaging
        • Products or packaging in poor condition
          • Products registered with the manufacturer
            • Special order items, e.g. stoves in a non-stock colour, hearts or surrounds which are to a non-standard size

            5.  Guarantees

            5.1.  We honour the manufacturer’s guarantee period where offered. Please see individual product pages for details. If your product develops a fault that needs to be repaired please contact us to discuss the issue.

            5.2.  If the items cannot be repaired we will contact the manufacturer on your behalf to assist in seeking resolution.

            5.3.  Exclusions to this guarantee: accidental damage, cosmetic damage such as scratches, dents, corrosion or colour, any loss suffered as a result of not being able to use the produce.

            5.4.  Servicing, inspecting or cleaning of the product; and failure to follow manufacturer’s instructions and / or installation issues where not installed by us.

            6.  Entire agreement

            6.1.  These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

            7. Law

            The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

             

            Part 2: Terms and Conditions - supply and installation services

            These terms and condition apply to supply only and supply and installation of Goods or Services from Firefly Stoves Ltd. These Terms and Conditions prevail over any other documentation or communication.  For purchases made from our Website please refer to the Website Terms and Conditions, Part 1 above. 

            All images (whether photographs or computer generated) displayed or provided are for illustrative purposes only. These and any dimensions given are illustrative only and do not create or form any type or part of a contract. All images, photographs and dimensions are not intended to be relied upon for, nor to form part of, any contract.

            Definitions

             

            “Customer”:

            means the person or company who purchases the Goods or Services from the Supplier

            “Goods”

            means any goods specified in Quotation and agreed to be supplied to the Customer in accordance with these terms and conditions

            “Order”

            means any confirmation e-mail, or written communication from the Supplier

            “Price”

            means the price inclusive of VAT for the Goods and Services as stated in the Quotation

            “Quotation”

            means the document providing a statement of the Goods and Services provided by the Supplier.

            “Services”

            means stove installation and associated works as identified in the quotation provided by Firefly Stoves Limited to be carried out in accordance with these terms and conditions.

            "Supplier”:

            means Firefly Stoves Ltd – Company number: 10476811

             

            1.  Price and payment

            1.1.  Payment of the Price (inclusive of VAT, if applicable, or any other sales tax, carriage, freight, postage or insurance costs) shall be made to the Supplier in two tranches. On placement of the order a 50% deposit is payable, the remaining 50% is due on completion of the installation.

            1.2.  Any cancellations by the Customer after paying a deposit will result in the deposit being non-refundable in the case of made to order or special order items. For other items a re-stocking charge of £100 will apply to stoves and accessories.

            1.3.  If a change to the agreed installation date is made by the Customer within 5 days of the installation date the Customer shall be liable for the installation charge.

            1.4.  Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptances of offer, invoice or other document issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.

            1.5.  Goods and Title in the Goods does not pass to the Customer until the Supplier has been paid in full for the Goods.

            2.  Goods and Services

            2.1.  The Supplier shall deliver the Goods and Services to the Customer at the address identified in the Quotation. If applicable, the installation or delivery date and approximate time will be advised by the Supplier. The installation and / or delivery date are an estimate only and may change.

            2.2.  The Supplier shall not be liable for any loss, either direct or consequential resulting for any delay in the delivery of the Goods and / or Services.

            2.3.  The Supplier cannot accept responsibility in circumstances where the Customer relies upon a representative present at the time of installation and is not personally present. If the Customer is not on site when the survey is undertaken or when Goods and/or Services are delivered the installation or delivery will be completed in accordance with the Suppliers standard practices.

            2.4.  The Supplier’s Delivery Policy should be referred to as part of these Terms and Conditions.

            3.  Access and Preparation

            3.1.  The Customer shall ensure and be responsible for:

            3.1.1. The necessary preparation of the premises including any chimney sweeping required prior to installation.

            3.1.2.  All wayleaves, licences, permissions and consents. For the avoidance of doubt this includes any planning permission, conservation area, listed building, freeholder or any other consents required.Any costs associated with this is the responsibility of the Customer

            3.1.3. Complying with any other requirements as set out in the Quotation or otherwise agreed between the Customer and Supplier.

            3.2.  Failure by the Customer to fulfil the above obligations may result in delay in the provision of the Services and the Supplier shall be entitled to recover any additional costs and charges it incurs as a result of such delay from the Customer as a debt due on demand.

            3.3.  If the Goods and / or Services are part of a general redecoration or refurbishment at the Customer’s premises the customer is advised to carry out any wall and floor decoration after the Services have been provided.

            3.4.  If a finished floor covering is in place at the premises then the Goods will be fitted over such floor covering and at the Customer’s risk.

            3.5.  The Customer shall be deemed to have accepted the Goods upon their delivery or installation. Any defects in the product once installed must be notified within 30 days of delivery / installation.

            3.6.  The Supplier shall carry its work on a continuous basis during normal working hours and the Supplier’s Quotation is on this basis. The Supplier reserves the right to make an extra charge to covers costs if special visits have to be made to the site or work has to be carried out in an uneconomical manner, if time is lost or additional expenditure incurred due to the Supplier’s operatives being denied access to or waiting on site or having to return to site to commence or continue work.

            3.7.  Parking charges will be an additional cost recoverable from the Customer.

            4.  Additional Works

            4.1.  The Quotation details the scope of works provided by the Supplier. From time to time additional works not envisaged by the Supplier are required.  For example, blockages or restrictions in the chimney.

            4.2.  The Supplier will contact the Customer and advise of the cost for any additional works.

            4.3.  Unless expressly included in the quotation waste removal is not included in the Quotation. The Supplier will arrange waste removal if requested and will provide an additional Quotation.

            5.  Guarantee / Warranty

            5.1.  The Supplier provides a guarantee of 12 months from completion of the Services.

            5.2.  Where the Supplier is not the manufacturer of the Goods, the Supplier shall use its reasonable endeavours to arrange with the manufacturer on behalf of the Customer the repair, replacement or refund for the Goods for a period of 12 months from the date of delivery.

            5.3.  The Customer will provide all information and support required to evaluate any alleged defect.

            5.4.  The Goods must have been installed by the Supplier and be properly used and maintained throughout the guarantee period.

            5.5.  Any extended guarantees period, beyond 12 months which are provided by a manufacturer will not be administered by the Supplier. The Customer is responsible for directing any claim to the manufacturer. We will provide reasonable assistance if possible.

            6.  Limitation of Liability

            6.1.  The Supplier shall not be liable to the Customer for any loss, costs, damages, charges or expenses incurred by the Customer or for any loss or damage to or caused by the Goods.

            6.2.  Subject to this clause 6 and clause 5 all other conditions, warranties or other stipulations concerning the Goods whether express or implied by common law or under statute are excluded to the fullest extent permitted by law, and, in particular, but without limiting the foregoing generality, the Supplier grants no warranties regarding fitness for purpose, use, quality or nature of the Goods whether express or implied by statute or common law.

            6.3.  The liability of the Supplier under this Agreement howsoever arising shall not exceed the Price.

            7.  General

            7.1.  Nothing in these terms and conditions shall affect the Customer’s statutory rights as a Consumer.

            7.2.  Nothing contained in these terms and conditions shall be construed so as to limit or exclude the liability of the Supplier for death or personal injury as a result of the Supplier’s fraudulent misrepresentation, negligent actions or those of its employees or agents.

            7.3.  No variation to these terms and conditions shall be applicable unless agreed in writing by a Director of the Supplier.

            8.  Governing Law

            8.1. These terms and conditions shall be governed by and construed in accordance with the law of England and the parties hereto submit to the non-exclusive jurisdiction of the Courts of England and Wales.