Terms & Conditions

 

1)Order Processing

Once you have placed your order online, you may receive an order confirmation to the email address provided.  When we process the order a VAT invoice in generated and a copy can be requested from accounts@westcountryfires.co.uk

2)Delivery & Collections

2.1 We aim to deliver all customer orders within 7-10 working days of receiving your order.

2.2 Deliveries are to within mainland England and Wales. If you require a delivery to Scotland, Isle of Man, Jersey or Guernsey this will attract an additional charge.

2.3 We do not deliver to Europe, USA and Rest of the World but we do offer a service where overseas customers may arrange their own transportation of goods from our warehouse.

2.4 Deliveries are between Tuesday-Friday and will be an all-day appointment. We can deliver on a Saturday, but this will incur a further charge.

2.5 Delivery will be by Pallett Courier, our own Delivery Team or a Parcel delivery company.

2.6 In all cases your delivery will need to be physically signed for otherwise the delivery will be aborted and a minimum aborted delivery and re-delivery charge of £100 will be incurred.

2.7 Please open and inspect goods in the presence of the delivery driver, as we will accept no responsibility for damage or missing goods after the driver has left.  Once goods are signed for, they are deemed the responsibility of the customer, therefore checking the goods on arrival is vital.

2.8 We can only deliver to the cardholder address linked to the payment card used for purchase whether debit or credit card. Where the payment is made by BACS and cleared funds are received, we can offer an alternative delivery address.

3)Pallett Courier Delivery

We use a Pallett Courier to deliver your Purchase. We put your purchase on a pallet and they will use a pallet truck to get it off their vehicle and into you. They can put the pallet to the front of your property outside and will not enter your property. Please note that if there are any stairs, or gravel driveway that will hinder the delivery, this may mean that your purchase will be delivered as a kerb side drop and the pallet will be left with you. While the driver is still onsite, please check the packaging for any substantial damage (large holes, badly crumpled packaging etc.). If there are any, please, before the driver leaves, contact us as your purchase might need to be refused and returned to ourselves.

4)Own Delivery Team

We use our own delivery team who will contact you on the day to advise you of an estimated delivery time. We deliver your purchase to front of your property outside and will not enter your property. Please note that if there are any stairs that will hinder the delivery, this may mean that the purchase will be delivered as a kerb side drop. While the driver is still onsite, please check the packaging for any substantial damage (large holes, badly crumpled packaging etc.). If there are any, please, before the driver leaves, contact us as your purchase might need to be refused and returned to ourselves.

5)Parcel Delivery company  

We use a Parcel delivery company which is an all-day delivery service. The delivery is a doorstep delivery.

6)Collections

For customers who are able to visit our showroom in Southampton we offer a collection service between Monday-Friday 9am-4pm and Saturday mornings by appointment only. We require 48hrs notice in advance of your arrival. When collecting please bear in mind the size and weight of your order compared to that of your vehicle and ensure you will have adequate space to safely transport the product. Our Warehouse team will be able to help you load your vehicle but cannot be held responsible for any damage or breakages to your purchase or transport whilst assisting you in this process.

7)Pricing

7.1 Prices are correct at time of publication.

7.2 All prices stated are fully inclusive of VAT at the current rate.

7.3 West Country Fires reserves the right to change any advertised prices at any time.

7.4 All prices are in Great British Pounds Sterling.

7.5 Errors and omissions are exempted.

7.6 Delivery charges will apply to all orders and will vary dependent on order quantity and type of product. Always check with us to confirm correct charges apply. Orders over £250 will be subject to free delivery unless otherwise stated.

7.7 The Company reserves the right to alter the price at any stage in the event of a clerical error having led to an order/product of the incorrect price. 

8)Showroom only or Clearance Item Sales – Collection Only

Showroom only or Clearance items on the website have to be collected from our showroom located in Southampton. No delivery option paid or other are available for these items as they sit outside of distance selling rules. We require 48hrs notice of your intended collection date and time.

9)Accuracy of Information

The information, description, dimensions etc of all products is provided by such manufacturers, and inasmuch as we endeavor to keep the information correct, we cannot take responsibility for typographical errors that may occur.  If you require verification of any information, it is advised that you ring the help line to clarify.

10)Website Usage

West Country Fires Ltd will not accept liability in the event of computer viruses being inadvertently transmitted to users, either from the website of from the use of third-party websites to which the site provides links.   West Country Fires Ltd will also not accept liability for any loss of business due to the lack of access to our website due to any such failure or maintenance to said website.

11)Returns/Refunds & Cancellations under Distance Selling Rules

Under the Distance Selling Regulations you have a right to cancel your order for an item purchased on our website or through the telephone ordering system at any time before the goods are dispatched or within 14 days of receiving your goods with the exception of items or situations detailed in point 11.1 – 11.3 below (please read these points carefully)

Cancellations within this period qualify for a full refund, excluding cost of return postage if applicable and a reasonable reduction to reflect the reduced value of the goods.

A return will be considered providing you have taken reasonable care of the goods whilst they are in your possession. This does not affect your statutory rights as a consumer.

11.1 We are unable to issue a refund or accept a return if the product has been fitted or attempted to be fitted.

11.2 “Custom order” or “made to order” products, Accessories and Frames are non-returnable under distance selling rules or any circumstances. These are specifically

11.2.1 Any NATURAL GAS, LPG or Propane fuel sourced product

11.2.2 Evonic Fires & Accessories

11.2.3 Dru Fires & Accessories

11.2.4 STUV Fires & Accessories

11.2.5 Be Modern Fires & Accessories

11.2.6 Elgin & Hall Fires & Accessories

11.2.7 Any manufacturer or brand Flue component or Accessory.

11.2.8 Any manufacturer or brand Frames or Accessory.

11.3 All Ex-display models or Clearance models are strictly non-returnable and non-refundable.

11.4 The return of any products whereby the box is damaged or the original packaging is not complete will attract a re-packaging charge of £150

11.5 The company reserves the right of discretion, to accept or refuse the return of any goods supplied and to require a restocking charge.

11.6 In the first instance you should email requests@westcountryfires.co.uk detailing the circumstances of your request for a refund an/or return of your purchased products. A member of our team will usually respond to you within two working days to discuss your request.

11.7 If your request is approved then you should return any items using your own courier in the same manner as the goods were delivered. It is the Customer’s responsibility to ensure that all goods returned are properly packaged in original condition. Damaged packaging or incomplete goods will not be accepted for credit unless a prior agreement was made with the Company. If upon receipt and examination of returned goods, the Company finds there is a discrepancy in the Customer’s stated reason for returning the goods, the Company reserves the right to charge in full for the goods in question.

11.8 You are advised to take out Insurance to cover the full value of your products whilst in transit as we cannot accept any responsibility for goods returned to us with transit damage.

11.9 As soon as the goods are received within our Warehouse they will be inspected.

If a refund is approved, we will refund your payment within twenty-four hours of the goods being returned to us.

12)Returns/Refunds & Cancellations outside of Distance Selling Rules

12.1 A return will be considered providing you have taken reasonable care of the goods whilst they are in your possession. This does not affect your statutory rights as a consumer.

12.2 Eligible products that have already been delivered must be returned within 14 days in original packaging and undamaged.

12.3 All goods whether delivered or being held in our Warehouse awaiting delivery will be subject to a 40% re-stocking charge.

12.4 We are unable to issue a refund or accept a return if the product has been fitted or attempted to be fitted.

12.5 “Custom order” or “made to order” products, Accessories and Frames are non-returnable under distance selling rules or any circumstances. These are specifically

12.5.1 Any LPG or Propane fuel sourced product

12.5.2 Evonic Fires & Accessories

12.5.3 Dru Fires & Accessories

12.5.4 STUV Fires & Accessories

12.5.5 Be Modern Fires & Accessories

12.5.6 Elgin & Hall Fires & Accessories

12.5.7 Be Modern Fires & Accessories

12.5.8 Any manufacturer or brand Flue component or Accessory.

12.5.9 Any manufacturer or brand Frames or Accessory.

12.6 All Ex-display models or Clearance models are strictly non-returnable and non-refundable.

12.7 The return of any products whereby the box is damaged or the original packaging is not complete will attract a re-packaging charge of £150

12.8 The company reserves the right of discretion, to accept or refuse the return of any goods supplied and to require a restocking charge.

12.9 In the first instance you should email requests@westcountryfires.co.uk detailing the circumstances of your request for a refund an/or return of your purchased products. A member of our team will usually respond to you within two working days to discuss your request.

12.10 If your request is approved then you should return any items using your own courier in the same manner as the goods were delivered. It is the Customer’s responsibility to ensure that all goods returned are properly packaged in original condition. Damaged packaging or incomplete goods will not be accepted for credit unless a prior agreement was made with the Company. If upon receipt and examination of returned goods, the Company finds there is a discrepancy in the Customer’s stated reason for returning the goods, the Company reserves the right to charge in full for the goods in question.

12.11 You are advised to take out Insurance to cover the full value of your products whilst in transit as we cannot accept any responsibility for goods returned to us with transit damage.

12.12 As soon as the goods are received within our Warehouse they will be inspected.  If a refund is approved, we will refund your payment within twenty-four hours of the goods being returned to us.

13) Costs Incurred by you

13.1 We are not liable for any costs incurred by you or any loss of earnings.

13.2 We always recommend that you do not book an installer until you are in receipt of the goods and you have checked the goods are accurate to your order placed. For example, if a delivery is delayed in any way and you have to rebook 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.

Offers & Voucher Codes

All offers on westcountryfires.co.uk are non-transferable and cannot be used in conjunction with any other offers unless the offer directly stipulates eligibility. Voucher codes have an expiry date and can only be used once by the person they are issued to, any voucher codes cannot be passed on to a third party to use.

Conditions Applicable

By placing an order with West Country Fires LTD the buyer agrees to be bound by these terms.

If you do not accept these terms, you may not use this site or access or display any of the information made available to you at this site.

West Country Fires LTD shall sell and the buyer shall purchase the products in accordance with any written, electronic or verbal order of the buyer which is accepted by West Country Fires LTD, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the buyer.

Any variation of these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by West Country Fires LTD, by its Managing Director or some other person authorised in writing by him.

Any typographical or clerical or other error or omission in any sales literature, proposal, price list, acceptance of offer, invoice or other document or information issued by West Country Fires LTD shall be subject to correction without any liability on the part of West Country Fires LTD.

If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected. Your statutory rights are not affected.

Images

All sizes and measurements are approximate, but we do try to make sure that they are as accurate as possible.

On the rare occasion that there is an error, we will advise you about it as soon as possible.

Pictures are for illustrative purpose only and may not exactly match the product itself.

West Country Fires LTD shall not be liable for any natural product that has a variation in colour, size, quality, thickness, shape, substance or performance of goods sold by reference to description and/or sample.

Sometimes our product specifications may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price.

Offer and Acceptance

By making a purchase on this web site you are making an offer to enter into a contract to purchase the goods which you have ordered.

A binding contract is only formed upon our acceptance of your order.

After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.

Where the Buyer accepted any Products then West Country Fires LTD shall have no liability whatever to the Buyer in respect of those Products.

To order goods you must be least 18 years of age.

Supply of Goods

The Buyer is solely responsible for ensuring that the Products are suitable and fit for the purpose.

West Country Fires LTD reserves the right to refuse the supply of goods at its discretion.

Payment

All orders must be paid for in full at the time they are placed.

West Country Fires LTD accept on-line payment with most major credit and debit cards, including Visa, MasterCard, Delta, and Maestro. No charge is made to a consumer for credit card payments. We do not currently accept American Express.

Availability

All goods are offered subject to availability. Where goods are found to be unavailable or discontinued, West Country Fires LTD will offer a similar substitute if available, subject to your agreement.

West Country Fires LTD may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to West Country Fires LTD specification.

If a suitable substitute is not available, the transaction for that item will be void and any payment will be returned.

In the event of any product being unavailable, West Country Fires LTD shall be relieved of any liability in connection with all such contracts or orders. In no case shall the company be bound to obtain or deliver Products from any other sources than those contemplated in the order.

West Country Fires LTD will not be held responsible for any costs incurred due to items being delayed or unavailable.

Force Majeure

Neither party shall be liable for any default due to any act of God, war, strikes, lock outs, accidents, fire, breakdown of plant, machinery or shortage or unavailability of raw materials from a natural source of supply.

West Country Fires LTD shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in manufacturing, obtaining or delivering the products by normal routes or means of delivery through circumstances beyond its control. 

If goods are delivered damaged or faulty

The customer shall inspect the goods immediately on delivery and shall notify the Company at operations@westcountryfires.co.uk within 3 days of any damage, defect, shortage or discrepancy between the goods ordered and the goods delivered.

We cannot guarantee to replace or repair items which have been signed for in good condition or ‘unchecked’ and are later found to be damaged. This does not affect your statutory rights.

West Country Fires Ltd will not accept any liability for any Products that have been repaired before we have been given the opportunity to inspect them or to give authority for repair work to be carried out or in cases where non-Company components have been used.

If goods have been delivered in a damaged state and we feel the situation cannot be improved by authorising another delivery, we reserve the right to refund you in full for your order and cancel the order.

Title and Risk

Risk of damage to or loss of the Products shall pass to the Buyer upon delivery

Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until West Country Fires Ltd has received cleared funds payment in full.

Privacy and Security

All personal details that you give us are securely stored. We do not supply or sell customers details to any outside organization. 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 unauthorized access to any data you provide when accessing or ordering.

All credit and debit card details are encrypted and sent over a secure server. They are not held in clear text on any web site.

Use of our Site

To the fullest extent permitted at law, West Country Fires Ltd is providing this site and its contents on an as is basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this web site or the information, content, prices, materials or products included in this site including, without limitation, warranties of merchantability, satisfactory quality and fitness for a particular purpose.

Except as specifically stated on this site, to the fullest extent permitted at law, neither West Country Fires Ltd nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of it or the information, content, materials or products included on it. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, West Country Fires Ltd does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of West Country Fires Ltd its affiliates, directors, employees or other representatives.

Governing law and Jurisdiction

This contract is subject to the law of England and Wales. All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Representations

No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of the Agents or Employees of West Country Fires Ltd shall be construed to enlarge, vary or override in any way thereof any of these conditions. 

Consequential Loss

West Country Fires Ltd shall not be liable for any costs claims damages or expenses arising out of any tortuous act or omission or any breach of Contract or statutory duty calculated by reference to profits income or accrual or loss of such profits income production or accruals or by reference to accrual of such costs claims damages or expenses on a time basis, to the fullest extent of the law.

Please do not book installers for any items until you have received and checked your order in full.

Warranties and Liability

No warranty is either given or implied on any timber product, as it is a natural product and will react differently depending on usage conditions

In any event and despite anything contained in these conditions, in no circumstances shall West Country Fires Ltd be liable in contract, tort (including negligence or breach of statutory duties) or otherwise howsoever, and whatever the cause thereof, (i) for any increased costs or expenses (ii) for any loss of profit, business contracts, revenues or anticipated savings, or (iii) for any special indirect or consequential damage of any nature whatsoever.

Links

West Country Fires Ltd do not accept any liability for any website not under our control, which may act as a portal to our site or be connected by a link with our site or that we connect by a link to.

All credit and debit card details are encrypted and sent over a secure server. They are not held in clear text on any web site.

After Sales Care

Our products under normal circumstances should give many years of service, if cared for and maintained in accordance with the manufacturer’s instructions. If in doubt as to how a product should be cared for, please refer to the manufactures care line or web site for further guidance. Inappropriate use of cleaning materials or accidental damage will not be covered by the manufacturers guarantee.

Installations

West Country Fires has an Installation team for the Installation of Fires, Stoves, wood burners, chimneys and Flues and Fire Surrounds, contact them on sales@westcountryfires.co.uk

Data Protection

West Country Fires Ltd reserves the right to keep all Customer details on file until such a time as the Company deems it suitable to destroy them. The Company will take all reasonable precautions to ensure all such information remains confidential.

General

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control and the party shall be entitled to a reasonable extension of its obligations.

These terms and conditions are subject to change at any time without prior notice to you. In addition to the above: West Country Fires Ltd retains title to all goods until payment is received in full. Goods that are unpaid for can be collected/removed from any location if deemed necessary. West Country Fires Ltd retain the right to accept orders and payments if stocks have temporarily expired, fulfilling the order upon stock replenishment. If an item is out of stock the customer will be contacted whereupon if the waiting time is viewed as too long by either party a full refund or order cancellation can be effected. West Country Fires Ltd retain the right to cancel any order by notifying the customer by email without detailed disclosure. Delivery charges stated by the delivery charge calculator should be used for guidance only, although mostly correct there can be subtle variations dependent upon delivery conditions. West Country Fires Ltd can accept no responsibility for subsequent theft of any product once delivered to an agreed location, please make necessary arrangements to avoid this possibility.

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