Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01873840777.
- These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Timothy Addison Ross Ltd whose trading name is Firepits UK a company registered in England and Wales under number 06533445 whose registered office is at Cwm Adam, Bettws Newydd, Monmouthshire, NP151JS with email address [email protected]; telephone number 01873840777; (the Supplier or us or we).
- These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally binding agreement between you and us for the supply of the Goods;
- Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
- Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
- Website means our website https://firepitsuk.co.uk on which the Goods are advertised.
- The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability.
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- All Goods as set out on the website, catalogues, brochures or other form of advertisement are susceptible to corrosion/oxidization/weathering/discoloration/rust from time of delivery. We do not accept returns or issue refunds in this occurrence and by agreeing to the Terms and Conditions the Consumers agrees and understands this policy as set out above.
- We’ll send you an email to confirm that we’ve received your order.
- We will not be held responsible for any pricing errors on this website made as a result of human error or a software malfunction.
- We publish information on this website on an ‘invitation to treat’ basis and not as an ‘offer for sale.’ This means we reserve the right to decline orders for bulk or high value purchases.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- Any quotation is valid for a maximum period of 45 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Price and Payment
- The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
- We accept credit and debit card payments via Worldpay as well as online payments via Paypal:
- We accept: MasterCard, Visa, Visa Delta, Visa Electron, Visa Purchasing, JCB, Solo and Switch.
- We will process your order as soon as your payment has cleared in full.
- We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
- For delivery of products, Firepits UK are not liable for any products missing after confirmed delivery from Courier if the Consumer has stated the product may be left in a safe place or as stated.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- The Consumer by agreeing to the Terms and Conditions fully understands and accepts that We (Firepits UK) are not liable and take no responsibility for any loss or damage to Goods or Property arising from the use of our products.
- We ask all Consumers to research and abide by local regulations concerning open fires and fuel type when using our products.
- All products must be used in a safe environment with a markedly clear and safe distance from any property or goods that may be susceptible to fire, naked flames, sparks or ash. This includes grass, patios, wood decking and similar.
- The Consumer by agreeing to the Terms and Conditions fully understands and accepts that We (Firepits UK) are not liable and take no responsibility for any injury or loss of life from the use of our products.
- Our products emit high levels of heat when in use and for sustained periods after use. Please do not touch any product with bare skin or non-heat proof wear until it is safe to do so.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 5 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
- This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
- goods that are made to your specifications or are clearly personalized;
- goods which are liable to deteriorate or expire rapidly.
- Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
- in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
- You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website https://firepitsuk.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.
- 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.
Effects of cancellation in the cancellation period
- Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
- If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
- If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
- 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.
- If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Unit 3 High House Farm, Raglan, Monmouthshire, NP152BS without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
- For the purposes of these Cancellation Rights, these words have the following meanings:
- distance contractmeans a contract concluded between a trader and a consumer underorganized distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- sales contractmeans a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing Goods to you.
- Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organizational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can e-mail: [email protected].
The information we collect
- We may collect, store and use the following kinds of personal information:
- information about your computer and your visits to and use of this website (including your IP address, geographical location, browser type, referral source, length of visit and number of page views)
- information you provide so you can buy from us (including your contact details)
- information you provide when you subscribe to our website services such as email notifications and our newsletter
- any other information you choose to send to us.
- We use Google Analytics to analyse how people use this website and to help us make it perform better. Google Analytics generates statistical and other information by means of cookies, which are stored on users’ computers.
- By using this website you agree to us placing cookies on your computer or any other device you use to access this website.
- A cookie is made up of information sent by a web server to a web browser, and stored by the browser. The information is sent back to the server each time the browser requests a page from the server. This is how the web server can identify and track the web browser.
- We use both persistent cookies and session cookies on this website. The persistent cookies recognise you when you visit the website and the session cookies keep track of you while you navigate it.
- Session cookies will automatically be deleted from your computer when you close your browser. Persistent cookies will be stored on your computer until you delete them or until they reach a specified expiry date.
- Most browsers allow you to reject all cookies, while some browsers allow you to reject just third-party cookies. For example, if you use Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and using the sliding selector to “Block all cookies”. However, blocking all cookies will have a negative impact on how many websites work, including this one.
How we use your personal information
- We will only use the personal information you submit on this website for the purposes specified in this policy or on relevant parts of the website.
- We may use your personal information to:
- administer the website
- send you general (non-marketing) commercial communications
- send you email notifications which you have specifically requested
- send you our newsletter and other marketing communications relating to our business which we think may be of interest to you. We may send these by post or, where you have specifically agreed to this, by email or similar technology (you can tell us at any time if you no longer wish to receive these marketing communications)
- deal with enquiries and complaints made by or about you relating to the website.
- We will not provide your personal information to any third parties for the purpose of direct marketing unless we have your express consent to do so.
- In addition, we may disclose information about you:
- to the extent that we are required to do so by law
- in connection with any legal proceedings or prospective legal proceedings
- in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk)
International data transfers
- The information you provide may be transferred to countries (including the United States) which do not have data protection laws equivalent to those in force in the European Economic Areas (EEA).
Security of your personal information
- We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
- However, data transmission over the internet is inherently insecure and we cannot guarantee the security of any information you send in this way.
- You can instruct us to provide you with any personal information we hold about you.
- You may email us at any time to instruct us not to process your personal information for marketing purposes. (In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.)
- We are not responsible for the privacy policies or practices of any third-party websites this website may contain links to.
Updating your information
- Please let us know if any of the personal information we hold about you needs to be corrected or updated.
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Walesor, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 7 working days.
Unlawful or Prohibited Use
- You must not use this website for any unlawful purpose or by any means prohibited under its terms and conditions.
- You must not use this website in any manner which may harm other parties or adversely affect the site’s functionality or its use by others.
- You must not attempt to obtain from or through this website any information that is not already and intentionally made available from or through it.
- All the information on this website, including without limitation text, graphic and images, is protected by United Kingdom copyright laws.
- All trademarks that appear on this site are the property of their respective owners and are protected under United Kingdom law.
These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).