TERMS & CONDITIONS
1. APPLICATION & ENTIRE AGREEMENT
a) These Terms and Conditions apply to the provision of the services and the purchase of goods detailed in our quotation by Bespoke Fire and Flue Services Ltd a company registered in England and Wales under number 7514138 whose registered office is at Iver Grove, Wood Lane, Buckinghamshire, SL0 0LB. (we or us or Service Provider or Supplier) to the person buying the services (you or Customer or Buyer).
b) You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services or supply of goods (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
c) You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf.
d) These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
a) Customer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.
b) Contract means the legally binding agreement between you and us for the sale and purchase of the Goods or services.
c) Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order.
d) Goods means any goods that we supply to you, of the number and description as set out in the Order.
e) Order means the Customer’s order for the Goods from the Supplier as set out.
a) The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size.
b) In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
4. BASIS OF SALE
a) The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.
b) When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
c) A Contract will be formed for the Goods ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or if earlier, the Supplier’s delivery of the Goods to the Customer.
d) Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
e) No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
a) We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects.
b) We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
c) We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
d) All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
6. YOUR OBLIGATIONS
a) You must obtain any permissions, consents, licenses or otherwise that we need and must provide us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
b) If you do not comply with clause above, we can terminate the Services.
c) We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
7. ORDERS & SPECIFICATIONS
a) All Orders for Goods made by you will be subject to these Terms and Conditions.
b) The Seller reserves the right to make any changes to specifications without notice which are required so that the Goods and/or the Service will conform with any applicable safety or statutory requirements or do not materially affect the quality or performance or look of the Goods and/or the Service(s).
c) The appearance of our products in comparison with images we publish on our website or in our printed literature may vary. We cannot guarantee that these images will be precisely accurate, as colour reproduction in any media is beyond our control.
d) You may change your Order at any time before we purchase/manufacture the Goods by contacting us in writing. However, changes may be subject to additional charges or costs which we will confirm in writing.
e) You may cancel your Order at any time before we purchase/manufacture the Goods by contacting us in writing. Goods are normally ordered within 48 hours of receiving your order. Please notify us of any cancellation within this time period.
f) We reserve the right to decline an Order for Goods or Services.
g) We may cancel your Order at any time before we purchase/manufacture the Goods for the following example (but not limited to): Goods that are no longer in stock and/or unavailable, withdrawn or discontinued by the manufacturer.
h) Any payment(s) already received for any orders of Goods, bespoke, custom, made to measure or otherwise, will not be refunded in the event of cancellation.
i) If we cancel your Order and you have already paid for the Goods, the payment will be refunded to you within 10 working days. If we cancel your Order, the cancellation will be confirmed by us in writing.
j) We require a minimum of 24 hours’ notice for postponements of Services. Failure to provide the minimum required notice will result in a cancellation fee of 50% of the Services or installation charges for that day as quoted, unless otherwise agreed.
k) We reserve the right to adjust the price payable in the event of any unforeseen increase in VAT or other taxes/duties.
l) The cost of the Order will be the price of Goods and Services as quoted at the time of the order. Delivery and installation charges are subject to site survey. All prices are exclusive of VAT.
a) Unless otherwise stated all prices are exclusive of VAT
b) The Seller reserves the right, by giving the Buyer notice, at any time prior to delivery and/or performance of the Service to adjust the price of the Goods and/or the Service to take account of any increase in costs to factors beyond the Seller’s control.
c) The price quoted is given on the basis that work will be carried out with uninterrupted access. The Seller reserves the right to make an additional charge without prior notice to the Buyer where there are interruptions or delays caused by the Buyer or his servants or agents or any such interruption which is outside the control of the Seller.
a) All payments for Goods must be made in advance, before the delivery of the Goods to you.
b) Our Prices may change at any time. These changes will not affect any Orders that have already been accepted.
c) The Price of the Goods is shown in our quotation and in force at the time of your Order.
d) The balance of any payments, unless otherwise agreed is due at the point of completion of works.
e) Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you daily interest at the rate of 4% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
f) All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
g) If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
h) Receipts for payment will be issued by us only at your request.
i) Gas Safe and/or HETAS certifications will only be registered once the full balance payment for goods and services has been received.
a) The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.
b) In addition to the Fees, we can recover from you 1) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, 2) the cost of services provided by third parties and required by us for the performance of the Services, 3) the cost of any materials required for the provision of the Services.
c) You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current applicable rate in effect at the time of performance or such other rate as may be agreed between us.
d) The Fees are subject to any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
a) We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
b) Goods may be delivered in advance of any scheduled delivery date by giving the Buyer reasonable notice.
c) You agree we may deliver the Goods in instalments in the event of a shortage of stock or other genuine and fair reason, provided you are not liable for extra charges.
d) If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, the company may at its discretion charge the reasonable costs of storing, insurance and redelivery to you, but without any liability whatsoever for any loss or damage after the Delivery Date. While we will attempt to deliver during the hours requested or stated, we cannot guarantee this.
e) The Goods will become your responsibility from the completion of delivery or Customer collection.
f) You must, if reasonably practicable, examine the Goods before accepting them.
g) When an Order is placed, we will provide an estimated delivery date. Standard Goods are subject to availability, bespoke items (by their nature) are subject to more complex manufacturing. Estimated delivery dates may vary according to availability, your location, and/or circumstances beyond our control. No liability whatsoever is accepted by us in respect of late deliveries. We recommend you do not commence any installation work or book tradespersons until the Goods have been received and thoroughly checked for damage or discrepancies.
h) Once Goods have been received and checked, we shall not be liable for any costs or other losses incurred by you, your agents or any other third party due to an installation schedule, service, booking, or any other appointment committed to by you, prior to the Goods being received and checked.
i) If you wish to collect the Goods from us yourself, you may do so by arrangement during our business hours of 8.30 to 17.00 Monday to Friday.
j) Signature by you or your agent, employee or representative shall be conclusive proof of delivery.
k) The responsibility or “risk” for the Goods remains with us until delivery is complete, at which point it will pass to you.
l) It is the Buyers responsibility to inspect the Goods within 24 hours of delivery and advise us of any damage or any items missing. After this time claims for shortages or damage will not be accepted. If we do not receive any notice of an issue within 24 hours of the delivery, the delivery is deemed to have been received complete, and in good condition.
12. RISK & TITLE
a) Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.
b) You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
13. CONFORMITY & GUARANTEE
a) We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
b) Upon delivery, the Goods will:
1.Be of satisfactory quality, 2. Be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract. 3. Conform to their description.
c) It is not a failure to conform if the failure has its origin in your materials.
d) We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
e)We will provide the following after-sales service: We offer full maintenance and servicing of all appliances. We recommend working fireplaces and flues be serviced at least once a year and/or in accordance with manufactures guidelines to maintain the manufacturer’s warranty. Bespoke Fire and Flue installations come with a 12-month guarantee. If within the 12-month period, a third party is employed to make any changes to the installation or to service the appliance, Bespoke Fire and Flue cannot be responsible and our installation guarantee will therefore, become void.
a) Prior to the installation (unless otherwise agreed) a survey is carried out to establish the scope and nature of work required.
b) Installation of Goods is by appointment only.
c) We require a minimum of 24 hours’ notice for postponements of Installations. Failure to provide the minimum required notice will result in a cancellation fee of 50% of the Installation charges for that day, as quoted.
d) The Buyer shall ensure for the purposes of installation that power, lighting and mains water is provided at the Site.
e) Materials such as marble, granite, slate and wood are natural materials and as such can often differ in appearance. Variances can include colour and shades, graining, markings, veining etc. We advise that these materials are viewed before the manufacturing process, as bespoke orders cannot be cancelled once payment has been taken. f) Bespoke Fire and Flue Services Ltd does not guarantee or take responsibility for, any equipment that has not been supplied by us.
g) Where we are unable to complete the work due to circumstances outside of our control (for example problems encountered with the Buyers equipment) there will be additional charges to complete the work.
h) The Buyer shall ensure at all times that the Site is clear of any obstacles that may impede or restrict the Sellers ability to install/fix the Goods.
i) If the Seller has to move or disassemble any furniture, cupboards, flooring, ceilings or any other furniture and fittings in the course of the proper performance of the Seller’s duties, the Seller will not be liable for any damage caused to any such fixtures and fittings or otherwise.
j) The Buyer shall ensure that adequate protection of all fixtures and fittings on Site, prior to delivery and installation. The Seller accepts no liability whatsoever for any damages where such adequate protection is not provided.
k) The Seller takes no responsibility for old or existing plasterwork, flooring, skirting boards or other materials directly within the immediate area of the installation. Our installers will ‘make good’ to a pre-decorated finish upon completion of the installation. In the event that loose or unsound construction material is identified, we can only advise that a professional in that field is consulted to undertake remedial works.
l) Where installations require external fittings such as roof access for liners, cowls or chimney caps, all work is subject to weather conditions (high winds, snow, ice etc.) In the event of bad weather, we will reschedule the installation, which may cause a delay in completion.
m) Concerns regarding installations must be made to our offices in writing within 7 days of the completion of the installation.
n) The parties warrant that each contractor or person on site will comply with the provisions of the Health and Safety at Work Act 1974 and undertake all risk assessments and method statements as required by regulations
o) The Buyer shall indemnify the Company against any liability, damage or claim resulting from personal injury or death of any person or damage to any property of any other persons arising from the carrying out of the Works save insofar as the same result from any breach of contract, negligence or breach of statutory duty on the part of the Company.
a) As the majority of Goods are made to order, we do not offer refunds or exchanges once orders have been paid for.
b) Returning Incorrect Goods: If you receive Goods that are incorrect, you have the right to return them in exchange for a refund or a replacement. This does not apply to Goods that you are merely not satisfied with or to Goods that are faulty. If you wish to return incorrect Goods, you must notify us within 7 day of the delivery to you. All Goods can only be accepted in their original condition and packaging. For the avoidance of doubt: Items received by the company in imperfect condition and/or without their full and original packaging will not be accepted as returns and will not be eligible for refund.
c) Returning Damage or Faulty Goods: If after delivery, the Goods received are deemed to be damaged or faulty you have the right to return them in exchange for a refund, replacement or repair. We require notification of damaged of faulty goods within 7 days of delivery after which any exchange or refund is at the Sellers discretion.
a) The Seller will accept no claims unless the Buyer has submitted in writing details of any claim against the Seller in respect of the Goods or the Service within 7 days of discovery of the claim or the occurrence giving rise to the claim.
17. EXCLUDING LIABILITY
a) The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for(i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession).
18. FORCE MAJEURE
a) The Seller is not liable for any failure to deliver the Goods and/or the provision of the Service arising from circumstances outside its control, which would include (but not limited to) the following:
a. war, act of hostile forces, sabotage, espionage, civil disturbances, disruption of public services, Government action or regulations (UK or otherwise), b) strike, lock out or any other labour dispute affecting the Seller’s employees or the Buyer,
b. any events preventing the Seller’s staff travelling to the Buyer’s premises including mechanical breakdown, adverse weather conditions and adverse traffic congestion,
c. hazards due to defective structure, or access, presence of noxious, toxic, combustible, explosive or radioactive substances or any other conditions rendering the premises dangerous in the Seller’s opinion.
d. delay by suppliers, accidents and shortage of materials, labour or manufacturing facilities.
b) Our obligations under these Terms and Conditions will be suspended and time limits that we are bound by will be deferred.
c) If the circumstances preventing delivery and/or provision of the Service continue for 3 months, either party may cancel the contract immediately by written notice to the other.
d) If the contract is cancelled in this way the Seller is not liable to compensate the Buyer for any loss or damage caused by the failure to deliver and/or provide the Service.
19. ADDITIONAL TERMS
a) You may not transfer/assign your obligations and rights under these Terms and Conditions and/or the Contract without our express written permission. The Contract is between you and us.
b) If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
a) Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
b) For the purposes of these Terms and Conditions:
c) ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
d) ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
e) ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
f) We are a Data Controller of the Personal Data we Process in providing the Goods to you.
g) Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws.
h) Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
I. we will only Process Personal Data for the purposes identified;
II. we will respect your rights in relation to your Personal Data; and
III. we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can contact the Managing Director at the following e-mail address: email@example.com.
21. GOVERNING LAW, JURISDICTION & COMPLAINTS
a) The Contract (including any non-contractual matters) is governed by the law of England and Wales.
b) Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
c) We try to avoid any dispute, so we deal with complaints as follows: We always endeavor to provide the best service and products for our customers. In the unlikely event that there is anything you are not completely satisfied with, please contact the Managing Director at the following e-mail address: firstname.lastname@example.org within 7 days of your installation to allow us to address and rectify any problems as soon as possible. We aim to respond within 5 days of receiving your complaint and where possible, will provide you with a date to remedy any issue raised.