Terms and Conditions of Trading – Pure Stoves & Fireplaces
(a) In these conditions, Asset Fixings & Tools Ltd (company registration number 2574787), trading as Pure Stoves & Fireplaces is referred to as the "Company", and the Person, Firm or Company purchasing is referred to as the "Customer". Any agreement documented for the supply of goods or services is referred to as ”Contract” – The Company only enters into Contracts supported by printed documentation. Suppliers of Goods and Services to customers, other than goods and services supplied by the Company are “Other Suppliers”.
(b) The goods ordered by the Customer are sourced by the Company for the Customer and the Company insists that there can be no right for the Customers to cancel or withdraw after materials have been partially or fully paid for and any refund to the Customer would be subject to a 20% handling charge for non-installed materials. No refunds are available for unpacked or used parts.
(c) The Company enters into Contract with the Customer solely on the terms of these conditions, and no representation or warranty, collateral or otherwise, shall bind the Company and no statement made by any Representative of the Company shall vary these conditions unless printed and signed by the Company.
(d) Any Contract for goods or services, is entered into by the Company on the basis of its Representative’s assessment and agreed documentation of the Customer's requirements
(e) The Company may recommend an installer, but it is the Customers decision which installer they may appoint. A non-refundable Inspection fee may apply to basic on-site visits & estimates. If a Technical Report is produced by the Company, including on-site, research and reports they must remain the property of the Company.
(f) Any Contract is conditional upon final inspection by the Company. If it is unfeasible to carry out the works on the terms specified, the Company will notify the Customer and return any Customer's deposit; whereupon the contract shall be null and void and neither party shall be under any liability. The pre-defined Inspection fee will not be refunded.
(g) Estimates by the Company shall be open for acceptance for a period of thirty days during and after which the Company reserves the right to modify or withdraw the same.
(h) Estimates are offered for the guidance of the Customer and the Company’s Representatives. Estimates must not be shown/copied in any form by the Customer to Other Suppliers.
(i) Estimates may summarise situations and omit issues that are unknown at the time of the Estimate and so must not be taken as fully definitive of the work necessary or of the costs.
(j) The Customer is entirely responsible for ensuring compliance with any applicable Planning or Listed Building Regulations, and for confirming their compliance to the Company in writing. The Customer hereby accepts any and all legal and financial ramifications resultant from their failure to comply with any and all applicable local authority regulations.
(k) Any estimates, pamphlets and publications produced by the Company are generic and neither for the specific guidance of Customers or Other Suppliers, nor for comparative pricing.
It is your responsibility to choose a product appropriate to your needs and local building regulations. Contact us if you have any doubt about the required parts, particularly chimney parts.
Once we have delivered your product, you are responsible for correct storage and installation.
Installation should either be carried out and certified by a qualified HETAS engineer, or should be checked by a building control officer. Unless this is done, the warranty is void. We recommend Premier Stoves Ltd as our HETAS installer, and if you choose to use them, then delivery of your goods will be made by them on day of installation, we would arrange the installation date for you also.
We are not liable for any costs incurred by you or any loss of earnings. If a delivery is delayed in any way and you have to re-book an installer then we are not liable for any extra charges that the installer may charge you. We are also not liable for any loss of earnings as a result of you taking time off work to accept a delivery even if it is late or delayed.
3. OTHER SUPPLIERS of GOODS & SERVICES
(a) The Company may outline tasks to be undertaken other than by the Company. These may include but not exclusively, Asbestos surveys including sampling and/or removal, Gas, Oil, Electrical, Survey, Structural rectification and other Construction work.
(b) The Company in no way recommends or endorses the Customer’s involvement with or direct employment of anyone other than representatives of the Company.
(c) The Company shall be in no way held responsible for the thoughts, words, deeds or omissions of other equipment or materials suppliers, or other services suppliers per 3a).
(d) At all times, responsibility for verification of the necessary qualifications of other equipment, materials or services Suppliers shall reside solely with the Customer.
(e) For Customers’ information, the Company recommends a HETAS approved installer must be used.
(f) Where non-HETAS installations are planned, the prior approval, on-going supervision and final sign-off must be by a Local Authority Building Control Officer (BCO)
(a) All materials supplied and/or fitted by the Company will comply with HETAS recommendations and be of good quality and suitable for use under those recommendations.
(b) Minor blemishes & imperfections that do not impede performance are in the nature of stoves & chimneys, and are not covered by warranty. This does not affect your statutory rights.
(c) Despite the Company’s best endeavours, the Company only recommends HETAS installers, and shall not be held liable for installations that may not be aesthetically perfect due to peculiarities in fireplaces, stoves, chimneys, hearths and buildings design & construction.
(d) The Customer accepts that unavoidable compromises may be necessary during installation under 3(c) placing HETAS standards above minor aesthetic considerations.
(e) Until full payment has been made to the Company, all materials shall remain the property of the Company.
(a) Any Materials supplied will comply with HETAS & Building Regulations.
(b) HETAS Certificates of Compliance with Building Regulations will only issued by a HETAS installer directly with the Customer, and is not issued by the Company.
(a) The Company undertakes to repair or replace, free of charge, any materials proven defective as a result of faulty manufactured materials within 12 months from purchase date.
(b) Interference with or modification to the Installation if undertaken by other persons, including damage due to accident or misuse and faults or premature deterioration resulting from misuse or abuse or the use of inappropriate & damp fuels invalidates any warranty on stoves & chimneys - The Company may at its sole discretion decline to service or repair stoves & chimneys so-damaged or to make significant charges.
(c) Customers’ failure to correctly use and maintain installations are excluded. The Company may charge for service calls of this nature, or may refuse to rectify related issues.
(d) Exclusions apply to service-replaceable stove and flue parts including door and glass seals, glass, grates, fuel retention bars, ash-cans, register plates, sweeping accesses and seals, stove linings, dampers, closing plates, flue outlets, battles, tools, door seals and door latches and to any part of the stove or chimney damaged by excess heat, chimney fires, abuse misuse, water-damage or adverse weather.
(e) The Company will assist Customer redress from Manufacturers’ for rectification charges, but those charges remain due to the Company regardless of outcomes.
(f) Warranty facilities apply only to the original Customer and are neither extendible nor transferable to any other party.
(a) If a non-refundable Inspection fee applies to pre-installation visits & estimates and places no obligation on the Company and are payable to the Installer.
(b) A deposit payment of 50% for a stove and other components under an individual contract is required before setting any fitting date. Full payment must be received 5 days prior to installation date, or collection date of any goods. Special order stoves may be subject to manufacturers’ delivery delays of between14 days and 3 months.
(c) When no stove is bought and the customer requires installation only, the Company will recommend a direct contact between the installer and the Customer.
(d) The Estimate will specifically include the known tasks to be undertaken by the Company. Anything not expressly included in the Estimate must therefore be considered “Extras”.
(e) Unavoidable Variations to the Estimate determined by the Company or requested by the Customer will result in written Estimate Variations being presented for Customer authorization.
(f) Any new or changed legislation arising after an Estimate and affecting legal completion of an Installation shall be considered “Extras” e.g. air-vents & Carbon Monoxide alarms.
(g) Any levies or variations in taxation imposed by the Government after the Estimate but prior to Installation will be added to the final invoice.
(h) The presence of any alleged defect does not constitute a reason for withholding any payment. Any costs of pursuit of the customer for outstanding payments will be charged.
(i) The Company will seek to agree to and/or rectify any potential issues with the Customer post-implementation, only provided that all payments due to date have been made.
(j) Unresolved issues between the Company and the Customer shall be settled through the chosen methods by the Company
(k) Interest is due on all unpaid accounts will be charged at 5% per month or part-month over the annual base rate per annum for the time being of the Company's bank.
(l) Any dishonoured cheque will attract a penalty payment of £25 plus 5% per month or part-month over the annual base rate per annum for the time being of the Company's bank.
(m) There is no exception to the Interest due and penalty payment clauses 6(l) & 6(m) above and this condition will be rigorously enforced in English Law.
Cancellations and Returns
Mail order and telephone sales to individuals (not businesses) are covered by the Consumer Protection (Distance Selling) Regulations 2000 (UK Law Directive 97/7/EC), which protect you by providing a 7 working day 'cooling off' period after the day after the product has been delivered.
You have the option to cancel any order between the time of placing it and 7 working days after delivery. Cancellations must be in writing by post or by email to email@example.com quoting the Invoice Number.
You have the right to receive a refund within 30 days of cancellation. We normally pay refunds within 14 days of cancellation or the goods being returned safely (whichever the latter). The original delivery charge will not be refunded.
You are advised to retain the packaging. You will find it difficult to return the item without appropriate packaging.
The goods must not have been fitted, installed or used in any way.
The goods and packaging must be unmarked and free from blemishes of any kind, and you must return them in a saleable condition.
We aim to supply goods in perfect condition. Stoves and fireplaces are both heavy and fragile, and need careful handling until installed. Paintwork in particular is fragile until baked on.
We will repair or replace (for free) any item found defective or damaged before delivery or during unloading. This is in addition to the manufacturer's guarantee.
We cannot accept return of products which are damaged after delivery. Goods signed for as having been delivered in good condition will not be refunded, replaced or repaired. We do not accept responsibility for damaged goods signed for as 'unchecked', If you decide not to check the goods, any damage is your responsibility.
Flue pipes and stoves are subject to a re-stocking fee of 20% or £15 whichever is the greater, plus card processing fees of 2%. If they are returned in a non-sellable state, then no refund will be given.
When choosing a carrier to return your goods to us, you must make sure that Pure Stoves & Fireplaces are allowed to open and inspect the contents when we receive it. If the carrier will not allow us to open the goods then our warehouse will refuse delivery and the goods will be returned to you on your carrier. This could incur further costs to you. Items returned must be sent by recorded delivery.
We can arrange for the return of the goods, however you will be charged the cost of returning the item to us, which may be more than the original delivery charge as delivery is usually subsidised in the cost of the stove.
8. ACCEPTANCE & CANCELLATION
(a) The Terms & Conditions shall not be construed so as to affect the statutory rights of Customers whose
acceptance of an Estimate implies full acceptance of these Terms & conditions
(b) Purchase Contracts for stoves are made at the Company premises. Contracts for installation based on
Estimates are made between installer and Customer.
(c) If a contract is cancelled by the Customer, then at the discretion of the Company upon the Customer’s Breach, the Company may seek to recover reasonable damages.
(d) If the Company, at the Company’s sole decision, cannot complete an installation due to building structures issues, then any pre-payment will be returned to the Customer in full.
(e) Cancellation may be achieved by written notice by Recorded Delivery to: 38a Wilbury Way, Hitchin, Herts, SG4 0AP in accordance with 8c.
(f) These terms and conditions shall not be constructed to affect the statutory or common law rights of the purchaser or the Company.
These Terms & Conditions are displayed in Company premises, attached to all paper and email correspondence by the Company and called to Customers’ attention in Company premises and in correspondence. In accepting opinions, publications, goods or services from the Company, Customers accept that all such items and matters are limited and controlled by these Terms & Conditions.
9. Privacy & Security
All personal details that you give us are securely stored. We do not supply or sell customers details to any outside organisation. We will endeavour to take all reasonable care, in so far as it is possible to do so, to keep all 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.