In these conditions of sale “The Company”, “We” or “Our” means W B STOVES whose office is 1 Seatonville Road, Whitley Bay, NE25 9DA. “The Customer”, “You” or “Your” means the person, firm or company from whom an order is accepted by the Company. “Installer” refers to the third-party installer who will undertake any installation booked in by the person, firm or company
Goods
Goods means goods or services which are subject of such an order be it placed verbally or in writing.
Price
The cost for the supply of materials and installation are set out in our estimate or quotation. To make it easier for the Customer, the Company will price for installation on behalf of a third-party installer. The total price will split down into two separate payments. Firstly, a payment due to the Company prior to the installation commencing. Secondly, a payment for the installation cost which is paid directly to the Installer upon completion. Any additional unforeseen work cannot be priced prior to work commencing.
Quotations
Quotations for installations are given in writing via email. Should the quotation be accepted by You, a deposit will be required to secure an installation date.
Deposits and Payment
A deposit is required to be paid to the Company prior to the ordering of goods and to secure an installation date. The deposit amount required is £250.00. The remaining product balance becomes payable one week prior to the installation date. Alternatively, if ordering goods only the outstanding amount becomes payable prior to collection or delivery of goods.
Cancellation
Deposits will be refundable in full should you decide you do not wish to proceed with the sale only if goods have not been ordered. If goods (or part of) have been ordered / delivered the Customer will bear the restocking charge, delivery charge, courier charge and any other related charges that are incurred due to the item being returned to the supplier. We reserve the right to retain all or part of the Customer deposit as a contribution towards any losses or costs we suffer as a result of the cancellation.
Returns And Refunds
1. Unless one of the exceptions listed in Clause 4, below applies, you may cancel your order (or any part of it) without giving any reason within fourteen (14) days. The cancellation period will expire fourteen (14) days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right to cancel, you must notify us, giving us your full name, address and order reference (if any) or, alternatively, by returning the Services, in accordance with the provisions below (see 4).
2. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
3. If you cancel this contract, we will reimburse to you all payments received from you, including the cost of delivery/ shipping (except for the supplementary costs arising if you chose a type of delivery/ shipping other than the least expensive type of standard delivery/ shipping offered by us). We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. Alternatively, you may ask us to substitute a Service, rather than provide you with a refund, but we can only do that if the Service you wish to substitute is of equivalent value to the order you are cancelling.
4. You may not cancel your order if:
the Services consist of perishable items, or have been sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
the Services have been customised or made to your own specifications;
any Services you have started to download or stream; or
any Services which become mixed inseparably with other items after their delivery,
unless such Services were damaged or faulty when delivered to you or have been incorrectly delivered.
5. All such Services should be returned within fourteen (14) days of you cancelling your order and, in any event, no later than twenty-eight (28) days after the Service(s) have been delivered to you, in accordance with the following process:
pack the returns parcel securely, ensuring you include the returns note that will have been included in the package in which your order was delivered, and attach the returns address label that will also have been included; and
return the parcel to us, we suggest, either by courier or by recorded delivery mail or other form of certified mail. We advise that you take out enough postal insurance to cover the value of the contents.
6. Our policy on cancellations and returns does not affect your statutory legal rights.
Availability
Goods are subject to availability from the manufacturer and although every effort is made to deliver the ordered goods within a reasonable period of time, availability of such goods are subject to seasonable variation and supply by the manufacturer and timely delivery cannot be guaranteed.
Ownership of Goods
The Customer will only own the goods and/or materials once they have been successfully delivered and when the Company have received cleared payment in full.
Surveys
Surveys are provided free of charge. Whilst every effort will be made to provide an accurate quotation following a survey, we cannot price for unforeseen costs.
Installation
The Company will carry out the installation at the address the Customer specifies on the order. It is important that this address is accurate. The Company will endeavour to carry out the work at the agreed date but reserve the right to change this and reschedule the work if necessary. All breakable items and items of value must be safety stored by the Customer prior to the installation commencing and the room must be as clear as possible. The customer must ensure that 240v electricity supply and mains water supply are available on site. Complaints regarding installation work should be made directly to the Installer within 14 days of completion. The Installer will leave you with their contact information.
Works
If in the opinion of the Company it is not reasonably practicable for any reason to carry out any of the work instructed to be carried out then we shall be entitled to refrain from carrying out or completing such work and will consult with the Customer as to what if any work is to be undertaken. If the cost to the Company of carrying out the work is subsequently increased by reason of increases in the cost of materials and/or labour and/or any other factor outside our control then the Company shall notify the Customer before undertaking any work to which the increase will apply. If the Customer requires the Company to discontinue the work, the Customer shall only be required to pay the Company for the work already carried out.
Warranty
Goods are subject to the warranty of the manufacturer and should be operated in accordance with the manufacturer’s instructions. The Company warrant that the services performed shall be performed using reasonable skill and care and of a quality conforming to generally accepted industry standards and practices. Installation services are guaranteed for a minimum of 12 months.
In order to keep your stove performing in the way it should, the Company recommend an annual chimney / flue sweep using a professional member of a generally recognised trade organisation or body. The Company cannot be liable for damage to stoves or chimney systems caused by using unseasoned or unsuitable wood, burning other unsuitable materials or not operating the stove in accordance with the manufacturer’s operating instructions or manuals.
Invalidity
If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms and Conditions will not be affected.
Liability
The Customer will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by the Company as a result of Customer breach or default in the discharge of their obligations.
Where the Company need to carry out work on Customer premises and/or install equipment, the Company will not accept liability for the cost of repairing or replacement parts of existing system or furnishings, which occurs due to faults in the system, including wear and tear, unless the Company have been negligent in not realising that such damage may occur or in the way the work was carried out.
Governing Law and Jurisdiction
Parties to these Terms and Conditions agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Third Party Rights
Nothing in these Terms and Conditions are intended to, nor shall it confer any rights on a third party.
Privacy notice
All personal details that you give us are securely stored. We do not supply, share or sell customers details to any outside organisation. We will treat all your personal information as confidential. We will keep it securely and will fully comply with all applicable UK data protection and consumer legislation.
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.
We only hold those details that are required to carry out the provision of goods and services and those legally required to be held for accounting records and the provision of information to HMRC or relevant government authority. Details are held partly in digital form and partly on paper copies. They are generally held for 3 years or until expiry of any warrantees but in all circumstances a maximum of 6 years, after which they will be permanently destroyed. No credit and debit card details are held or retained by us.
Customer Services
To protect your own interests please read the Terms and Conditions carefully before committing to an order.
Changes to Terms and Conditions of Business
We reserve the right to make minor changes to these Terms and Conditions from time to time.
