Terms & Conditions
David White Fireplaces Ltd Terms and Conditions
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Definitions
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David White Fireplaces is a trading name of David White Fireplaces Limited, registered in England and Wales under number 09493585.
David White Fireplaces is VAT registered no. 919932193
All references to the ’company’, ’us’, ‘I’, ’we’ or 'our' shall mean David White Fireplaces Limited.
All references to the ‘customer’ ‘you’ or your shall mean the person or persons visiting one of our website or premises or purchasing or agreeing to purchase goods or commissioning work from David White Fireplaces Limited.
All references to the ‘website’ shall include reference to all domains owned by David White Fireplaces Limited.
General
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By using any of our websites or by making a purchase from David White Fireplaces Limited, you are agreeing to these terms and conditions.
All transactions with David White Fireplaces Limited will be governed by these terms and conditions, whether executed online, by e-mail, fax, telephone, in person or by post.
All contracts shall be governed by and construed in accordance with English Law and any dispute between us will be resolved exclusively in the courts of England and Wales.
Nothing in these terms and conditions will be deemed to affect your statutory rights.
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Sale of New Products
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Products are sold singly unless otherwise stated.
Every effort is made to ensure the colours depicted on our websites match as closely as possible those of the actual products. Differences may be apparent on some screens due to the technical properties of the screen. Natural lighting conditions vary enormously depending on the weather and the position of the sun, causing the same colour to appear to be different. Our photos aim to pick a mid point. For these reasons we are unable to guarantee that the colours of products depicted on our website will precisely match the colour of the products you receive.
Product specifications are checked to the best of our ability and, whilst every effort has been made to make them accurate, no responsibility will be accepted for errors and omissions. We reserve the right to alter product specifications without notice.
David White Fireplaces Limited accepts no liability for any loss or injury caused to individuals, property, possessions or third parties by the breakage (accidental, deliberate or otherwise) or misuse or manufacturing or design fault of any product supplied by us.
If we sell out of a product or are unable to supply you with a product you have purchased, we will offer you alternative products or provide a full refund. We shall not be liable for any compensation claims for any breach of contract or any consequential losses or inconvenience you may have incurred.
If we customise a product or custom build a product to your specific requirements - such as but not limited altering any product to your specifications – you will not be able to cancel your order or to return the goods for a refund after the work has begun. As such you forgo your right to cancel your order.
Sale of Restored Products
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Products are sold singly unless otherwise stated.
Every effort is made to ensure the colours depicted on our websites match as closely as possible those of the actual products. Differences may be apparent on some screens due to the technical properties of the screen. Natural lighting conditions vary enormously depending on the weather and the position of the sun, causing the same colour to appear to be different. Our photos aim to pick a mid point. For these reasons we are unable to guarantee that the colours of products depicted on our website will precisely match the colour of the products you receive. As our items are antique they may show signs of wear or repair. The Seller undertakes to mention in item descriptions only those things that may be considered to be of major structural or aesthetic concern
Product specifications are checked to the best of our ability and, whilst every effort has been made to make them accurate, no responsibility will be accepted for errors and omissions. We reserve the right to alter product specifications without notice.
David White Fireplaces Limited accepts no liability for any loss or injury caused to individuals, property, possessions or third parties by the breakage (accidental, deliberate or otherwise) or misuse or manufacturing or design fault of any product supplied by us. Information and opinions of others or any changes in expert opinion which may take place subsequent to the sale.
Any statements by David White Fireplaces Ltd as to the authenticity, attribution, description, date, age, provenance, value,
historical significance, title or condition of the item or work constitute our judgement and opinion only
(save that this shall not operate so as to exclude any liability on our part for misrepresentation) and
are not warranted by us. Information and opinions of others or any changes in expert opinion which may take place subsequent to the sale.
Our Products are for sale on several platforms. If we sell out of a product or are unable to supply you with a product you have purchased, we will offer you alternative products or provide a full refund. We shall not be liable for any compensation claims for any breach of contract or any consequential losses or inconvenience you may have incurred.
If we customise a product or custom build a product to your specific requirements - such as but not limited altering any product to your specifications – you will not be able to cancel your order or to return the goods for a refund after the work has begun. As such you forgo your right to cancel your order.
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Restoration
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All prices and quotations for restoration are estimates. Once work begins and we can more accurately assess the costs involved we will inform you immediately of any price increases before carrying out further work. Old Fireplaces particularly marbles may be damaged beyond repair in parts that will need to be replaced at additional costs to you the client. It may not always be possible to match replacement parts and David White Fireplaces Limited are not responsible for the replacement parts once a reasonable effort has been made to source said parts.
All goods left in trust with David White Fireplaces Limited for the purposes of refurbishment and or restoration are left at your own risk and you shall assume full responsibility for the indemnity of said item. Goods entrusted to David White Fireplaces Limited are not insured unless by prior arrangement and the cost of such insurance shall be borne by the client. Whilst we take the upmost care of goods entrusted, all work is undertaken entirely at the risk of the Client and no liability for loss or damage whatsoever is accepted by David White Fireplaces Limited
When undertaking work to remove your fireplace for restoration or sale purposes and we agree to carry this out said work, we will do so using reasonable care and skill. Even where we use reasonable care and skill, there is still a possibility that the fireplace will be damaged in the process. Provided we have used the reasonable care and skill to be expected of us in these circumstances, we shall not be liable for the damage caused to your fireplace.
The removal process may cause damage to your property for example damage to plaster and David White Fireplaces Limited is not responsible for making good said damage unless previously arranged and part of the quotation.
Installation
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All prices and quotations for installation are estimates. Once work begins and we can more accurately assess the costs involved we will inform you immediately of any price increases before carrying out any further work. Old properties may have had the heating appliance replaced multiple times and by less competent people, David White Fireplaces Limited are not responsible or liable for the existing condition of your property. It is up to you the client to have your chimney or flue inspected by a competent professional and passed for safe use. David White Fireplaces Limited will not be responsible or liable for any chimney or flue repairs required before during and after the installation.
When undertaking work to remove your old fireplace for restoration or sale purposes and we agree to carry this out said work, we will do so using reasonable care and skill. Even where we use reasonable care and skill, there is still a possibility that the fireplace will be damaged in the process. Provided we have used the reasonable care and skill to be expected of us in these circumstances, we shall not be liable for the damage caused to your fireplace.
The removal process may cause damage to your property for example damage to plaster and David White Fireplaces Limited is not responsible for making good said damage unless previously arranged and part of the quotation.
All appliances must by law be fitted in accordance with section J of building regulations. This may result in the need for additional works outside of the appliance such as and not exclusive to air vents, these items are chargeable at additional cost to the client.
David White Fireplaces Limited are not responsible for any installations or works carried out by the client or a third party .
Prices
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The price of the Goods shall be that stipulated on the website or quotation. All prices include UK VAT at the current rate, where and when applicable.
All prices, invoices, transactions and receipts will be in £ Sterling.
It is the policy of David White Fireplaces Limited to offer goods at the most reasonable price possible, however, if due to circumstances beyond our control we deem it necessary to alter any advertised price, special offer or promotion, we reserve the right to do so without prior notice.
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Payments
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All credit and debit card transactions must be authorised by the card issuer.
If the issuer of your card refuses to authorise payment to us or if validation of your card is not immediately available, David White Fireplaces Limited will not be liable for any delay and/or non-delivery of your order.
David White Fireplaces Limited reserves the right to:
* Conduct our own enquiries into the validity of any credit or debit card payment and/or to use the services of an agent in so doing.
* Restrict delivery to the cardholder’s address.
* Decline any transaction or sale for any reason whatsoever without declaring the reasons for such action.
* Delay shipments until satisfied as to the authenticity of any payment via whatever means.
All items supplied to the customer remain the property of David White Fireplaces Limited until final payment of all sums owing in respect of those goods has been received in full by us.
Gift vouchers can not be traded commercially and can only be used by the voucher purchaser or original intended recipient.
If you fail to make payment in full within the relevant period, we reserve the right to charge you interest on the amount unpaid at the rate of 5% per annum above HSBC's Bank base rate from the date when payment was due until payment is made in full.
All recommended retail prices (RRPs) are those provided by the manufacturers or distributors of the products in question.
Payment of the price and VAT must be made in full before dispatch of the Goods.
Force Majeure
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David White Fireplaces Limited will not be liable for non-performances of our obligations caused by or resulting from industrial disputes or any other circumstances beyond the reasonable control of the company such as acts of God, riots, civil commotion, flood, fire, extreme weather event and legislation.
If by reason of such circumstances it shall become impossible within a reasonable time for the company to wholly or partly supply the items ordered then liability will be limited to the value of the items together with any associated delivery charges.
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Website Use
No liability is accepted for third party websites linked to or from or accessible through our websites nor do we approve or endorse the contents of any such sites.
The entire contents of our websites are copyrighted with all rights reserved and remain the property of David White Fireplaces Limited.
Copying and storage of this web site for permanent use or incorporation and reproduction whether for new media or paper use is strictly prohibited.
You may download or print selections of this web site if only used for your personal information and not for reproduction.
You agree that information or material accessed or downloaded through our web pages for personal or private use is done so entirely at your own risk and that you accept responsibility for any damage to hardware or software or data loss even if we are aware of the possibilities of such damage.
Information supplied on our web pages is for guidance only and does not in any part form a contract and may be subject to change without notice.
Reasonable effort is made to ensure we provide accurate and current information on our web pages. We are not liable for any incidental, consequential, cumulative, direct or indirect losses or damages from the use or misuse or inability to use, including omissions and misrepresentations and any errors on our web pages.
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Manufacturers Warranty & Claims
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We appreciate how important it is that the products you buy from us are up to the job. This is why we only stock leading brands who support their products with a manufacturer's warranty of at least one year. The terms and conditions of the warranty are set out by the individual manufacturers terms and conditions. Warranty claims are extremely rare but, when they do arise, we understand how troublesome and stressful it can be for our customers. Product failure is never nice whenever or however it happens.
We have a dedicated member of staff to look after all customers needing to make a warranty claim. Please contact us and we will send you a warranty claims form to enable you to make a claim easily and often without needing to return products to us. Once we have received your claim we will handle it in a courteous and efficient manner so we can get it resolved as quickly as humanly possible.
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The manufacturer's terms and conditions shall apply. Please refer to the appropriate manufacturer's website.
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Most manufacturer's warranties cover faulty design, manufacture and materials but exclude faults or damage caused by impact, wear and tear, accident, neglect or misuse.
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All warranty claims are at the manufacturer's sole discretion.
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Any partially or wholly successful warranty claim shall infer no admission of liability on the part of the retailer, the distributor or the manufacturer.
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Used and ex-demonstration items are sold with no manufacturer's warranty.
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In the event of a successful warranty claim, the cost of returning goods will be reclaimable providing you receive returns consent from us and providing you return the goods using one of the delivery services we specify. This is available for the UK only. International returns costs must be met by the customer in all circumstances
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In the unlikely event of a disagreement, you will be required to prove the fault lies in the design, manufacturer or materials used.
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Manufacturer's warranties are in addition to and do not replace your statutory rights.