Terms & Conditions
Terms and Conditions
These terms and conditions apply to the purchase of any
goods or products from our website. By accessing this website or by placing an
order via this website you are deemed to have accepted all the terms and
conditions set out below. Please read them carefully as they contain important
information.
GENERAL TERMS AND CONDITIONS
This site is owned and operated by SHL Distributors Ltd of
which chimneychoice .co.uk is a trading name. If you have any queries about
these terms and conditions or if you have any comments or complaints on or
about our website, you can contact us at info@chimneychoice.co.uk.
1 The contract between us
We must receive payment of the whole of the price for the
goods that you order before your order can be accepted. Once payment has been
received by us we will confirm receipt of your order by sending an email to you
at the email address you provide in your order form.. Our acceptance of your
order begins at this point and brings into existence a legally binding contract
between us.
2 Ownership of rights
All rights, including copyright and images, on this website are owned
by or licensed to SHL Distributors Ltd. Any use of this website or its
contents, including copying or storing it or them in whole or part, other than
for your own personal, non-commercial use, is prohibited without our
permission. You may not modify, distribute or repost anything on this website
for any purpose.
3 Accuracy of content
We have taken care in the preparation of the content of this
website, in particular to ensure that prices quoted are correct at the time of
publishing and that all goods have been fairly described. However, orders will
only be accepted if there are no material errors in the description of the
goods or their prices as advertised on this website. Any weights, dimensions
and capacities given about the goods are approximate only. Any images displayed
are for illustrative purposes only and may not accurately represent the product
in question.
4 Damage to your computer
We try to ensure that this website is free from viruses or
defects. However, we cannot guarantee that your use of this website or any
websites accessible through it will not cause damage to your computer. It is
your responsibility to ensure that the right equipment is available to use the
website. Except in the case of negligence on our part, we will not be liable to
any person for any loss or damage which may arise to computer equipment as a
result of using this website.
5 Availability
All orders are subject to acceptance and availability. If
the Goods you have ordered are not available within the timescales indicated we
will endeavour to inform you as soon as we are aware of any such delays.
6 Ordering errors
You are able to correct errors on your order up to the point
on which you click on “submit” during the ordering process.
7 Price
The prices payable for goods that you order are set out in
our website. All prices are inclusive of VAT at the current rates. VAT will be
shown below any carriage charges on the final order detail page prior to the
payment stage.
Wherever it is not possible to accept your order to buy
goods of the specification and description at the price indicated, we will
advise you by email, offer to sell you the goods of the specification and
description at the price stated in the email and will state the period for
which the offer or the price remains valid.
8 Payment terms
We will charge your credit or debit card for payment upon
receipt of your order unless delivery cannot be fulfilled within 30 days. We
accept no liability if a delivery is delayed because you did not give us the
correct payment details. If it is not possible to obtain full payment for the
goods from your credit or debit card then we have the right to cancel the
contract and or suspend any further deliveries to you. This does not affect any
other rights we may have.
9 Delivery charges
Delivery charges vary according to the type and amount of goods ordered and cannot be refunded.
10 Delivery
10.1 Our delivery charges are for deliveries to mainland England, Wales, Scotland (excluding the Highlands) and Northern Ireland.
10.2 Deliveries are available to other geographical
areas in the United Kingdom; rates on request.
10.3 We will deliver the goods to the address you
specify for delivery in your order. It is important that this address is
accurate. It is your duty to inform us of any access problems or vehicle
restrictions (such as size, height or weight of vehicle) prior to delivery. We
cannot accept any liability for any loss or damage to the goods once they have
been delivered in accordance with your delivery instructions (unless this is
caused by our negligence). We will aim to deliver the goods by the date quoted
for delivery but delivery times are not guaranteed. If delivery is delayed due
to any cause beyond our reasonable control, the delivery date will be extended
by a reasonable period and we will contact you to arrange an alternative time.
10.4 If no one is present at the time of delivery the
goods will not be left unless you have left clear instruction in written form
that can be taken away by the carrier.
10.5 At the time of delivery to you:-
-Please check the
goods thoroughly before signing for them.
-Shortages and
errors at the time of delivery cannot be rectified later.
-If any damage is
apparent at the time of delivery please notify us immediately by e-mail
enclosing, wherever possible, evidence of the damage.
-Goods signed for
“Unchecked” will be deemed to be received in good condition.
-If you have left
instructions for the goods to be left in your absence any damages must be
notified to us within 24 hours of delivery enclosing, wherever possible,
evidence of the damage.
10.6 You will become the owner of the goods you have ordered
when they have been delivered to you. Once goods have been delivered to you
they will be held at your own risk and we will not be liable for their loss or
destruction.
11 Risk and ownership
Once the goods have been delivered to you the risk of any
damage to or loss of those goods passes to you. You will only own the goods
once they have been successfully delivered and when we have received cleared
payment in full.
12 Acknowledgement and acceptance of your
order
You will need to provide us with your e-mail address and we
will notify you by e-mail as soon as possible to confirm receipt of your order.
An acceptance of your order will take place on despatch of the good(s) ordered.
13 Returns policy relating to businesses
(ie anyone using the goods for anything other than personal use)
13.1 Any return of goods must be made within 14 days of
receipt of those goods. Any returns outside of these dates will not be accepted
under any circumstances. Items returned will incur an automatic 15% re-stocking
charge on the cost of the goods, unless there has been an order input or
despatch error, or there is a product fault. No refunds will be made in respect
of carriage charges.
13.2 If you believe the product to have a fault, please do
not return it without first contacting us to explain the problem, as a refund
or part refund cannot be given unless it is fully established by the
manufacturer (not Construction Materials Online) that the fault is with the
product itself, and that it has not been damaged or wrongly fitted.
13.3 Products returned outside of the returns policy may be
sent back to the customer and/or charged to the customer for return.
13.4 Any single item with an ex-VAT value of £250 or over is
returnable at our discretion.
13.5 All items must be returned in their original
packaging and sufficiently protected so as to avoid any damage. Goods being
returned must be sent by secure carrier and by signed delivery.
13.6 Once the goods have been received back at our warehouse
in a resalable condition, any sum debited to us from your credit or debit card
will be re-credited to your account as soon as possible and in any event within
30 days of your order PROVIDED THAT the goods in question are returned by you
and received by us in the condition they were in when delivered to you. If you
do not return the goods delivered to you or do not pay the costs of delivery,
we will be entitled to deduct the direct costs of recovering the goods from the
amount to be re-credited to you.
13.7 You will be re-credited for the costs incurred in
returning any faulty goods.
14 Cancellation rights pertaining to
consumers (non-business transactions)
14.1 As a consumer (i.e. any natural person who is acting
for purposes which are outside of their business) you have the legal right to
cancel your order within the first fourteen (14) days after the receipt of your
goods (with the exception of any bespoke or made to order items). You do not
need to give us any reason for cancelling your contract nor will you have to
pay any penalty. However, you will need to notify us if you wish to cancel your
contract. As a business you cannot rely on these regulations.
14.2 If you have received the goods before you cancel your
contract then you must send the goods back to our contact address at your own
cost and risk. If you cancel your contract but we have already processed the
goods for delivery you must not unpack the goods when they are received by you
and you must send the goods back to us at our contact address at your own cost
and risk as soon as possible.
14.3 Once you have notified us that you are cancelling your
contract, and the goods have been received back at our warehouse in a resalable
condition, any sum debited to us from your credit or debit card will be
re-credited to your account as soon as possible and in any event within 14 days
of your goods being returned PROVIDED THAT the goods in question are returned
by you and received by us in the condition they were in when delivered to you.
If you do not return the goods delivered to you or do not pay the costs of
delivery, we will be entitled to deduct the direct costs of recovering the
goods from the amount to be re-credited to you.
15 Faulty or Damaged Goods
15.1 If you believe an item to be faulty please do not
return said item without first contacting us to explain the problem. Any full
or part refund cannot be issued without first establishing that the fault lays
with the product and not through the incorrect use of that product. Faulty or
damaged goods can be returned up to 30 from the date of receipt of those goods.
15.2 All items must be returned along with their original
packaging and with sufficient protection to avoid damage occurring in transit.
Goods must be sent by secure carrier and signed for. Please do not stick any
labels on nor write directly on any product packaging.
15.3 You will be re-credited for the costs incurred in
returning any faulty goods.
15.4 This does not affect your statutory rights.
16 Cancellation by us
16.1 We reserve the right to cancel the contract between us
if:
16.1.1 We have insufficient stock to deliver the goods you
have ordered;
16.1.2 We do not deliver to your area; or
16.1.3 One or more of the goods you ordered was listed at an
incorrect price due to a typographical error or an error in the pricing
information received by us from our suppliers.
16.2 If we do cancel your contract we will notify you by
e-mail and will re-credit to your account any sum deducted by us from your
credit card as soon as possible but in any event within 30 days of your order.
17 Liability
17.1 If you do not receive goods ordered by you within 30
days of the date on which you ordered them, we will have no liability to you
unless you notify us in writing at our contact address of the problem within 60
days of the date on which you ordered the goods (unless this is not reasonably
practicable).
If you notify a problem to us under this condition, our only
obligation will be, at your option:
17.1.1 To make good any shortage or non-delivery;
17.1.2 To replace or repair any goods that are damaged or
defective; or
17.1.3 To refund to you the amount paid by you for the goods
in question in whatever way we choose.
17.2 Both parties shall only be liable under this contract
for losses, which are a reasonably foreseeable consequence of the relevant
breach of contract
17.3 You must observe and comply with all applicable
regulations and legislation, including obtaining all necessary customs, import
or other permits to purchase goods from our site. The importation or
exportation of certain of our goods to you may be prohibited by certain
national laws. We make no representation and accept no liability in
respect of the export or import of the goods you purchase.
17.4 Notwithstanding the foregoing, nothing in these terms
and conditions is intended to limit any rights you might have as a consumer
neither under applicable local law or other statutory rights that may not be
excluded nor in any way to exclude or limit our liability to you for any death
or personal injury resulting from our negligence.
18 Notices
Unless otherwise expressly stated in these terms and
conditions, all notices from you to us must be in writing and sent to our
contact address at:- Chimney Choice, 290 Moston Lane, Manchester, M40 9WB,
United Kingdom, and all notices from us to you will be displayed on our website
from time to time.
19 Changes to legal notices
We reserve the right to change these terms and conditions
from time to time and you should look through them as often as possible.
20 Law, jurisdiction and language
This website, any content contained therein and any contract
brought into being as a result of usage of this website are governed by and
construed in accordance with English law. Parties to any such contract agree to
submit to the exclusive jurisdiction of the courts of England,Scotland and
Wales. All contracts are concluded in English.
21 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 conditions will not be affected.
22 Privacy
You acknowledge and agree to be bound by the terms of our
privacy policy.
23 Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
24 Use of Goods
Goods shall at all times be installed, commissioned, used and maintained by the customer in accordance with the instructions of SHL Distributors Ltd. (whether by way of operators user manual or otherwise) SHL Distributors Ltd. shall have no liability or responsibility to the customer or third party for any loss or damage by reason of the customers failure to follow instructions and the customer indemnifies SHL Distributors Ltd. against any such loss. Any instructions given by SHL Distributors Ltd. or its employees or agents to the customer which are not in writing by SHL Distributors Ltd. are followed or acted on entirely at the customers own risk and accordingly, SHL Distributors Ltd. will not be liable for any instruction not so confirmed in writing.
25 Warranty
All products supplied by SHL Distributors Ltd. are guaranteed to be free from defects in materials and workmanship. Defects and wear caused by normal wear and tear, accident, negligence, lack of proper maintenance, misuse of the product or by product alterations which have not been agreed to by SHL Distributors Ltd. in writing are excluded from the warranty. Any product warranty supplied by SHL Distributors Ltd. will be null and void, if the product has been subject to a chimney fire. SHL Distributors Ltd. liability is strictly limited to the repair or replacement of the item found to be defective by our technical department.
In the event of a chimney fire SHL Distributors Ltd accept no responsibility for the loss of product due to such an event. Temperatures in the chimney can reach heights beyond what our products are tested and guaranteed for and we are not liable for any damage or loss caused to our products during or after such an event.
27 Instructions
Each product is supplied with a guide or instructions on how to install properly and securely. These guides must be followed at all times and if you deviate from the instructions SHL Distributors hold no liability for any damage or loss or product or property.
PRIVACY STATEMENT
Shl Distributors Ltd trading as chimneychoice.co.uk are
committed to protecting the privacy of anyone using our site and the
confidentiality of any information that you provide us with. The purpose of
this statement is to set out how we use any personal information that we may
obtain from you.
Data Protection Act 1988
We are registered under the Data Protection Act and comply
with the Act in all our dealings with your personal data.
Use and collection of personal information
In general you can visit our website without telling us who
you are and without revealing any information about yourself. If, however, you
use our site you may need to register and you will be asked to provide certain
information such as your contact details. We will store this data and hold it
on computer or otherwise.
We may use information that you provide:
(a) To
register you with our website and to administer it.
(b) For
assessment and analysis e.g. marketing, customer and product analysis, to
enable us to review, develop and improve our services.
Cookies
There is a technology called “cookies” which may be used by
us to provide you with, for example, customised information from our website. A
cookie is an element of data that a website can send to your browser which may
then store it on your system. If you wish, you can usually adjust your browser
so that your computer does not accept cookies. Please remember cookies do not
contain confidential information such as your home address, telephone number or
credit card details. We do not exchange cookies with any third party websites
or external data suppliers.
Security
We endeavour to take all reasonable steps to protect your
personal information. However, we cannot guarantee the security of any data
that you disclose online and we will not be responsible for any breach of
security unless this is due to our negligence or wilful default.
General
You have the right to see personal data (as defined under
the Data Protection Act) that we keep about you upon receipt of a written
request and payment of a fee of £10. Any request should be sent to:
Office Manager, Chimney Choice, 290 Moston Lane, Manchester,
M40 9WB, United Kingdom