1.1 Definitions. The following definitions apply:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer: the person or firm who purchases the Goods from the Supplier.
Force Majeure Event: has the meaning given in clause 17.
Goods: the goods (or any part of them) set out in the Order.
Order: the Customer's order for the Goods, as set out in the Customer's purchase order form OR in the Customer's written acceptance of the Supplier's quotation.
Specification: any specification for the Goods, including any related plans and drawings, that is agreed by the Customer and the Supplier.
Supplier: Croydon Fireplaces
Email: [email protected]
Telephone: 0208 684 1495
VAT number: 185 5116 01
1.2 Constuction. In these Conditions, the following rules apply:
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(b) A reference to a party includes its personal representatives, successors or permitted assigns.
(c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(d) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
(e) A reference to writing or written includes faxes and e-mails.
2. Basis of contract
These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.1 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Supplier will send an acknowledgement of any payment received for goods or services detailing the goods or service to be provided. It is the Customers responsibility to ensure that the description of the goods and services corresponds exactly with what the customer believes they have ordered and what is described on the acknowledgement then it is the responsibility of the Customer to inform the supplier before the goods are dispatched.
2.2 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence.
2.3 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.
2.4 Any samples, drawings, descriptive matter, or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier's catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
3.1 The Goods are described on the Supplier's website.
3.2 To the extent that the Goods are to be manufactured in accordance with a Specification supplied by the Customer, shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses suffered or incurred by the Supplier in connection with any claim made against the Supplier for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the Supplier's use of the Specification. This clause shall survive termination of the Contract.
3.3 The Supplier reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.
4.1 Where will the goods be delivered
The delivery driver will (as far as possible) deliver to the Customers door. The delivery driver will not help the Customer inside with the goods. If a driver is particularly helpful and the Customer persuades them to help the Customer take the goods inside, then the Customer does so at their own risk. Any damages occasioned by the goods being brought into the Customers house are the responsibility of the Customer not of the delivery company or the supplier.
If the conditions at the point of delivery do not permit the delivery firm to bring the goods up to the house then it is necessary for the Customer to inform the Supplier beforehand or to make arrangements for the goods to be moved to a safe storage place after the delivery has been made.
If the Customer has a gravel driveway or narrow access then the driver is unlikely to be able to take the goods right up to the Customers house - this applies especially to large orders delivered on a pallet such as a stove delivery or a large flue order. If this is the case please let the Supplier know and the Supplier can arrange for a small delivery vehicle to deliver to the Customer (at extra cost), or make arrangements to get the goods from a place where the delivery driver can reasonably deliver them to the Customers house. If in doubt contact the Supplier before delivery is arranged.
4.2 Re-delivery charges
If a pallet has to be redelivered because there is no one to accept the delivery of the pallet on the arranged date then a redelivery charge may be due. The Supplier will contact the Customer if this is the case.
4.3 What if the delivery is late
Delays whilst in transit are possible and are out of the Suppliers control. It is up to the Customer to inform the Supplier if the order has not arrived. For this reason it is recommended that the Customer ensures that they are in possession of all the goods first before booking installers/builders.
The Supplier is not liable for any costs incurred by the Customer as a result of a delivery being lost or late.
4.4 Costs incurred by you
The Supplier is not liable for any costs incurred by Customer or any loss of earnings. For example if a delivery is late and the Customer has to re-book an installer then the Supplier is not liable for any extra charges that installer may charge you. Neither is the Supplier liable for any loss of earnings as a result of the Customer taking time off work to accept a delivery even if it has been delayed.