When you place an order with us either in our shop or over the phone, we will send you an acknowledgement by email. This will detail the products you have ordered.
Our acceptance of your order only takes place when we despatch it. A ‘purchase contract’ between you and The Fireplace Warehouse (Andover) is therefore made at the point of despatch, rather than at the point of payment. If you have cancelled your order, or if we notify you that we cannot accept your order, then no purchase contract will have been made.
From time to time, we may not be able to accept an order for the following reasons:
a. If, unfortunately, we do not have your chosen goods in stock
b. Where we cannot obtain authorisation for your payment
c. If there has been a pricing or product description error
d. If you do not meet any eligibility criteria set out in our terms and conditions
e. If the order for personalised products contains reference to any copyrighted information where you have not obtained permission.
We reserve the right to cancel your order at any time and issue a full refund. This does not affect your statutory rights.
We use our reasonable endeavours to make sure that every product is shown accurately and that prices are correct. However, occasionally there may be small variations in colour. The Fireplace Warehouse (Andover) disclaims all representations and warranties that the content or information on this Website is accurate, complete, up to date or does not infringe the rights of any third party.
Customers must check their orders before sending through to The Fireplace Warehouse (Andover). If an item has been ordered incorrectly or an order has been cancelled by the customer, then the customer may be charged a re-stocking fee for the incorrect or ordered items.
On receipt on signed-for consignments, customers must check all items for damaged or missing parts before signing for them. If items are found to be damaged, the consignment must be either refused or signed for as damaged and The Fireplace Warehouse (Andover) must be notified. Items that are discovered to be damaged later will be held as the signee’s responsibility.
We exclude all representations, warranties, conditions and terms (whether express or implied) to the fullest extent permitted by law.
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with your use of this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (ii) fraud (iii) misrepresentation as to a fundamental matter or (iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
Our liability to you
Any payment made on account shall be deemed as a payment for applicable goods to be ordered from us. After the initial refund period (described below) our liability to you will be to provide applicable goods to the value of your Prepay account balance. Cash balances will not be returned except in cases where the customer has received faulty goods and requested a refund of the unused Prepay cash balance held on their account.