Terms of use

Legal

Please read these terms carefully as they are the terms under which the customer ("you") agrees to purchase products ("the products") from The Fireplace Factory, www.thefireplacefactory.net ("the Company"). Sales on this web site are governed by English law and you agree to submit any dispute to the non-exclusive jurisdiction of the English courts. All orders are subject to these terms and conditions and no amendments will be accepted by us. These terms and conditions do not affect your legal rights.

These terms and conditions only cover the The Fireplace Factory (UK) Ltd web site. Any other web sites to which you link from this site may be governed by their own terms and conditions. We accept no responsibility or liability for the content of web sites which are not under our control. We are required by law to tell you that sales can be concluded in English only and that we do not file copies of customer contracts.

www.thefireplacefactory.net is a trading name of The Fireplace Factory (UK) Ltd; 35 Fore Street, Lower Darwen, BB3 0QE.

We do not guarantee that this web site will be compatible with all customers' computers. No other terms or representations shall form part of these terms unless agreed in writing between you and the Company. These terms do not affect your statutory rights.

Before you can submit your order online you will be asked to acknowledge that you have read and that you accept our terms and conditions by using a simple tick box.

Contact Details

We are The Fireplace Factory (UK) Ltd. Our registered office address is 35 Fore Street, Lower Darwen, BB3 0QE, UK. You can telephone us on +44 (0)1254 668747.

If you have any complaints about our service or any products you purchase from us please contact info@thefireplacefactory.net or write to the address above.

Purchasing from us

Ordering at The Fireplace Factory (UK) Ltd is fast and secure. To place your order follow the steps indicated on-line.

The appearance of the products on this website is an invitation to you to make an offer for their purchase by placing an order with the Company. The Company has the right to refuse orders and no contract will subsist between you and the Company unless and until the Company accepts your order by e-mail (whether or not you receive that e-mail) and dispatches the products to you.

The products are subject to availability. If the Company does not supply the products to you for any reason, the Company will not charge you for these products and will refund any money already paid. However the Company will not be responsible for compensating you for any other losses which you may suffer if the Company does not supply the products.

You do not own the products until we receive payment in full.

Despite the fact that any contract relating to orders placed through this website is concluded over the Internet, we each agree that it has been concluded in the United Kingdom in writing. Any such contract will be interpreted, construed and enforced in all respects in accordance with English law and we each irrevocably submit to the non-exclusive jurisdiction of the English Courts.

Pricing

All prices are in £ sterling and inclusive of VAT and inclusive of packaging and delivery charges to any address in UK. Any exceptions will be clearly marked on the website where relevant. Prices may be subject to change without notice, but we will only alter the price after we have confirmed your order, if is to your benefit.

International Customers

Whilst this website is designed with UK customers in mind, we welcome enquiries from customers in other countries. Prices include UK Sales Tax (VAT), currently at 15%, which may not be payable by foreign customers; however, additional delivery charges will usually apply. Please telephone and we will do our best to assist.

Payment

You may pay by Visa, Mastercard, Maestro, Switch, Visa Debit if ordering by telephone or purchasing online. Please do not send money (notes) in the post.

Credit Card Charges

We may from time to time add a surcharge to credit card payments to cover the additional costs of this type of transaction. We will clearly show any surcharge on your order if this applies. We currently do not make a surcharge for credit card transactions.

Product Availability

Items shown on this website may not always be in stock. If any of your chosen items is not in stock, you will be advised of our best estimate of availability and delivery date at the time you place your order. Please note that an indication of such dates is an estimate only, may be subject to change without notice, and does not constitute a contractual obligation by The Fireplace Factory to supply goods by a certain date. However, if availability is unduly delayed, we will use our best endeavours to keep you informed.

Product Images and descriptions

Please note that the colour of images shown on this website may be affected by the technology used to access it. Whilst we do our best to faithfully reproduce colours, some variation may occur.

Goods are expressly sold on the understanding that you have checked that the Goods suit the requirements regarding specification and installation.

Highlighted, polished and chrome finishes are NOT suitable for solid fuel installations as they will permanently discolour. All gas fires for baskets and cast iron inserts are supplied with coals as standard.

In the development of a quarry, inevitable variations will occur in the quarried material colour, shade and veining. Therefore, any samples shown or depicted on this website are representative only and may not exactly match the material supplied. However we guarantee that the material supplied will be to the trade name specified on the order.

Due to the natural characteristics of wood and the issues of accurate colour reproduction via the customer’s (you) computer screen/monitor we cannot guarantee an exact colour match to the samples shown on this site. All wood sample colours, whether solid, veneer, painted or stained, shown or depicted on this website are representative only and may not exactly match the material supplied. However we guarantee that the material supplied will be to the trade name specified on the order.

All natural materials such as Wood, Marble, Granite, Stone and Slate cannot be guaranteed for uniformity of appearance, texture and without, grain, veining, knots, fossils, natural cracks or venting flaws. Subsequently all materials are sold subject to their natural characteristics which if necessary will be repaired to an approved stone industry standard before delivery or installation. This does not affect your statutory rights in respect to faulty products.

It is your responsibility to ensure that your chimney or flue is tested to comply with all current legislation regarding it's suitability to accept the appliance or type of fuel specified. It is also your responsibility to ensure that the room where the fireplace is meets any current ventilation requirements for gas or solid fuel fires.

The Fireplace Factory has a policy of continuing improvement and may change the specification of the product before delivery to comply with new legislation or regulations or unpredictable variation in the production process. We will contact you via email or telephone regarding any change which significantly affects the quality, appearance and/or usefulness of the product. If the change is not satisfactory we will cancel the order and offer you a full refund with no further liability to either party.

Accepting orders and security

Before you can submit your order online you will be asked to acknowledge that you have read and that you accept our terms and conditions by using a simple tick box.

When you place an order, either by telephone or in writing, we will treat it as an offer to buy. If we accept your order, we will send you a confirmation e-mail with your order number, at which point we make a legal contract with you. However, we will be entitled to refuse to accept your order if we feel it necessary, in which case we will e-mail you as soon as we can to let you know.

When you receive your e-mail confirmation, you will have an opportunity to check the details and correct any errors.

In deciding whether to accept your order we may use the information you have given to us, or we already hold about you, or which we receive from any enquiry we may make with various agencies, to confirm your identity. This assists us to protect you and us from fraudulent transactions. If we decline your offer on security grounds we may contact you to seek an alternative payment method or to advise you to visit one of our stores.

Delivery

We endeavour to dispatch your order within 36 hours, subject to the receipt of cleared funds. Goods are usually delivered within 7 working days. We will keep you informed on goods that take longer than 7 working days to deliver. However, because delay is sometimes outside of the Company's control, time of delivery shall not be of the essence. As such, the Company shall not be liable for any losses, costs, damages, charges or expenses caused by any delay in the delivery of the products. If you have not received the products within 28 days you may contact the Company by email quoting your order reference number and cancel that order. The Company will refund any money paid by you in relation to that order. Please do not arrange installation of your products based on delivery dates. Our deliveries in the UK mainland are contracted to outside carriers who deliver Mondays to Fridays (excluding public holidays) between the hours of 8-30am and 5-30pm. A premium Saturday a.m. (9-00am to noon) delivery is available, at an additional charge of £25 per delivery; if you require this service, it must be specified at the time of ordering. Evening and Sunday deliveries are not available.

You must check and sign for the goods. Goods will not be left without a signature. All goods must be delivered to the address provided on your order. We regret that we are unable to specify exact delivery times within that date. All deliveries must be signed for and you should keep your receipt. If goods are showing obvious signs of damage in transit upon receipt, please refuse to accept the delivery. Delivery of some items is not possible to some areas of the UK due to the size or delicate nature of the product. Please email or telephone us to confirm delivery availability of mantelpieces, electric fire suites and marble. In the event of an order being placed for a product we cannot deliver, the option of collecting the product from one of our Showrooms or a full refund will be offered.

All deliveries are subject to cleared payment in full. On delivery all goods must be signed for by an adult aged 18 years or over.

Once your order has been processed The Fireplace Factory will only deliver to the address specified on the order.

Returns and Cancellations:

As a consumer, under the distance selling regulations, you have the right to cancel this agreement within 7 days for a full refund, this is subject to a 15% handling charge plus carrier charge, however the carriage charge will not apply if you decide to send back to us by your own carrier method, and then we will give you a refund of the price paid less a 15% handling charge. Returning the goods in this context is the customer's responsibility.

Goods made to the customer's own specification cannot be cancelled under the distance selling regulations. This includes, but is not limited to, ALL made to measure goods, goods where a specific colour or finish is specified or any other similar bespoke attribute.

It is your responsibility to ensure that the goods you order are suitable for installation into your home. We urge you to check all measurements and installation requirements with the manufacturer before ordering the product. Unacceptable reasons for returning gas fires include failing to check your gas supply, chimney, flue, fireplace, outside wall etc compatibility and serviceability before purchasing a product. It is strongly recommended that you seek that advice of a CORGI registered installer and ask for a survey before committing to purchase your fire or fireplace. The information contained in our product guides is for guidance only and should be used in conjunction with the manufacturer's specifications and the advice of your own CORGI gas engineer.

We may at our discretion allow you to return unwanted goods for exchange or refund this is subject to a 15% handling charge plus carrier charge, however the carriage charge will not apply if you decide to send back to us by your own carrier method, and then we will give you a refund of the price paid less a 15% handling charge. Returning the goods in this context is the customer's responsibility.

The customer is responsible for insuring that the goods are kept in good condition, unused, in re-saleable condition and returned complete with all parts in their original packaging. Any damage or missing parts will be subsequently deducted from any refund owed.

To cancel an order you must provide us with notice in writing, via email, post, within the 7 days. Notice via telephone is not acceptable. We will respond with a Returns Authorisation Number (RAN) which you will need to mark clearly on the outside of the packaging.

You, the customer, will be responsible for the action and costs of returning the goods to us, unless the item was sent to you in error or the item is faulty in which case The Fireplace Factory will arrange collection at our cost.

The 7 day period starts the day after you receive the goods.

The goods do not have to be returned within the 7 day period, they should however be returned within 14 days from the day after you receive the goods.

For your protection, we insist that you use a recorded delivery service with adequate insurance.

No return will be accepted without an Returns Authorisation Number (RAN) clearly marked on the outside of the packaging, irrespective of whether the goods were supplied in error, are faulty or are being returned as a cancelled order under the distance selling regulations. Subsequent costs of a rejected delivery by The Fireplace Factory due to the absence of a Returns Authorisation Number (RAN) are the sole responsibility of the sender, i.e. the customer. If necessary telephone 01254 668747 prior to returning anything.

If the goods are not returned within 30 days from the day after you receive the goods we will charge you, the customer, the cost(s) involved with us attending your premises to collect the goods and we will deduct this from any refund owed.

Our terms and conditions do not affect your statutory rights

Transit Damage

All goods are examined in detail by us prior to despatch to ensure that they leave our warehouse in perfect condition. However, transit damage unfortunately can occur. If your purchase is showing obvious signs of transit damage upon delivery, please refuse to accept delivery and notify us immediately. If damage is only evident upon opening of packaging, then you must inform us within 48 hours of receipt. In either case, we will then arrange re-delivery of replacement goods as soon as possible

Faulty Goods

All products offered on this site come with a minimum of a 1 year manufacturers warranty covering parts and labour, unless specified otherwise. Please remember that installing gas appliances is not a DIY job. All gas appliances must be installed by a qualified CORGI registered engineer. The information given here is a guide only. To confirm suitability of any gas product you should employ a CORGI registered engineer to conduct a site survey and report. Failure to use a qualified installer will invalidate the products warranty.

Product Guide Manufacturers' Guarantee

All products on this site are supplied with a manufacturer's 1 year guarantee. In the event of a fault occurring with your appliance you should telephone the manufacturer service line direct to arrange an engineer visit. You will need to have serial number and date of purchase to hand including the name and CORGI registration number of your CORGI fitter including the notification details sent to CORGI by your installer.

Baxi 0870 609 6090 www.firesandstoves.co.uk

Crystal 0151 521 3222 www.crystalfires.co.uk

Dimplex 0870 727 0101 www.dimplex.co.uk

Flavel 01782 339 000 www.cfm-europe.com

Firecraft 01202 588638 www.firecraft.net

Focal Point 01202 499 330 www.focalpointfires.co.uk

Robinson Willey 0151 252 6607 www.robinson-willey.com

Valor 08706 096 096 www.firesandstoves.co.uk

Wonderfire 08706 090 081 www.firesandstoves.co.uk

If you wish to contact us for advice please call The Fireplace Factory on 01254 668747.

Important Information

Following installation stone fireplaces will initially have components in varying degrees of drying out. This will give the stone components/sections different shades of stone/colour. A stone fireplace can take up to 6 months to fully dry out and revert to its natural dry colour.

All fireplaces using solid fuel should use small amounts of fuel for the initial 6 to 8 weeks following installation to enable the fireplace components to dry out naturally and adjust to their normal thermal expansion and contraction. We will not accept responsibility for fireplace components which crack or stain due to excessive heat on wood, iron, marble, granite, stone, slate, firebricks or firebacks after they have been supplied. This does not affect your statutory rights in relation to faulty goods.

Metalware used for fireplace components are supplied unlacquered due to their exposure to heat. Therefore, it is your responsibility to maintain brass, stainless steel or cast iron, which will discolour if not maintained at regular intervals after installation.

Installation & Safety

Please remember that installing gas appliances is not a DIY job. All gas appliances must be installed by a qualified CORGI registered engineer. The information given here is a guide only. To confirm suitability of any gas product you should employ a CORGI registered engineer to conduct a site survey and report. The return of an unsuitable product that is not faulty will incur a handling and carriage charge.

Goods which have been incorrectly installed may be a serious danger to people and property. You are responsible for the proper installation of the Goods and we cannot accept any liability in respect of any omissions, errors or failures on your part to install the Goods in accordance with the rules in force or with any installation instructions provided by a manufacturer or by www.thefireplacefactory.net. Any installation instructions provided by a manufacturer or by www.thefireplacefactory.net are provided by way of guidance only to you and the correct method of installation will vary according to the environmental factors present at each installation. You should in no circumstances undertake installation of the Goods unless you, or your agent or employee, are/is suitably qualified and sufficiently expert in such installation to understand how to follow the instructions correctly and install the Goods safely. Gas fires and all associated gas work must be undertaken by a qualified, certified CORGI installer. You indemnify us fully against all costs, claims and expenses arising in connection with any failure by you or your employees, agents or sub-contractors to install the Goods correctly.