Terms and Conditions
This Web Site, www.firesandfireplaces.co.uk, is operated by T and J Cole Ltd T/A firesandfireplaces.co.uk ('we' or 'us'). These Terms and Conditions apply to all transactions on this site, whether you are ordering on-line or by telephone. Please read them carefully. They do not affect your statutory rights.
Using this site indicates your acceptance of these terms and conditions. Placing an order indicates your acceptance and the terms listed are subject to change at any time. Any changes will take effect on the date they are posted onto the site (see date above). Please read them carefully and print a copy for future reference.
1.1. To order goods over the telephone or on our website, you must be at least 18 years of age and accept delivery within mainland UK.
1.2. All email and verbal quotes are valid for 10 days unless otherwise stated.
1.3. All telephone orders will be acknowledged verbally at the time of order, and all orders placed on our website will be acknowledged electronically by e-mail. Please note that verbal and/or electronic acknowledgements do not constitute order confirmation or order acceptance. Your order will be accepted and the creation of a legally binding contract between you and us will take place once the order status has been confirmed as 'Order Placed'. (Alternatively, we may decline all or part of your order for any reason, in which case we will inform you in-person, by telephone or e-mail).
1.4. We accept all major credit and debit cards as payment. (Please note we do not accept American Express or Amex). We can only deliver to the cardholders billing address. You may also pay by cheque or postal order (payable to: T and J Cole Ltd) although we cannot dispatch the goods until payment has been cleared which can take at least 14 days. BACS/CHAPS payments are also accepted.
1.5. The total price payable will be stipulated at the time when you place your order whether or not the order has been acknowledged. We are entitled to make adjustments to the price to take account of any increase in our supplier’s prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been acknowledged. We will inform you of the correct price and give you the opportunity to cancel the order. All prices are inclusive of VAT but exclusive of delivery charges which will be payable as indicated at the time the order is placed.
1.6. Prices, offers and products are subject to availability and may change before (but not after) we accept your order. If a product becomes unavailable we may offer you an alternative and give you the opportunity to cancel the order. Our prices are constantly under review and occasionally a supplier may reduce their prices due to excess stock or a special offer. We cannot be held responsible and no refunds will be given, if, after purchasing an item, it is later offered at a reduced price.
1.7. All product specifications, images, descriptions and other information communicated by us, whether displayed on our website or communicated over the telephone, have been made accessible by suppliers, manufacturers, publications, publicists and/or gathered from public domain sources. Our intention is that all information should be as accurate and up-to-date as possible. However, just occasionally we make or discover an error in the price, description or specification of a product; as such we cannot guarantee the reliability or accuracy of the information communicated. If we discover such an error on a product, which you have ordered, we will inform you as soon as possible and ask whether you wish to continue with your order or cancel it.
1.8. Full product details are available from the manufacturer's brochures or their websites. All accessories supplied with a product are subject to upgrade or change at the manufacturer’s discretion. We will supply the product as supplied to us by the manufacturer. All product images, descriptions, dimensions and specifications are offered as a guide only and are subject to change at any time by the manufacturer. Do not rely on the product dimensions, images or specifications shown on this site for installation preparation. All gas fires are suitable for natural gas only unless an LPG option is specified.
1.9. You must provide us with your exact billing address and telephone number when placing your order; this is the address and telephone number which your credit or debit card bank has on file for your verified address. Your order will only be processed once authorisation of your credit or debit card has been properly received. We may occasionally ask for proof of address such as a recent utility bill, passport or driving licence.
1.10. All goods and services are subject to availability and may be withdrawn at any time. If we do not supply the goods for any reason we will not charge you for these and we will refund any money already paid for them. However, we will not be responsible for compensating you for any other losses you may suffer if we do not supply the goods.
1.11. We will make every effort to keep your details secure and we will not supply or sell any customer details to any outside organisation or third party at any time. Unless we are negligent, we will not be liable for any losses if an unauthorised third party obtains access to your information.
1.12. All items are subject to availability. We can only guarantee availability whilst stocks last. If the goods ordered are unavailable, we will contact you with suggestions of alternative goods of equivalent quality and wherever possible a similar price.
1.13. A small number of images on this web site may have been digitally created to represent a colour/option of a product where no actual image exists. All images, descriptions and specifications are offered as a guide only and we strongly recommend viewing the products prior to placing your order to avoid any misrepresentation. We shall not be liable for any losses, costs, damages, charges, or expenses caused by goods not meeting customers expectations.
1.14. It is the customers responsibility to ensure that products purchased conform to all necessary installation requirements stated in manufacturers instructions prior to ordering. We shall not be liable for any losses, costs, damages, charges, or expenses caused by goods not suitable for installation. We strongly recommend having a survey carried out prior to ordering and contacting the manufacturers technical department for any questions you may have.
1.15. Certain fireplaces are made from natural products including marble and stone. These natural stones are formed over millions of years and as such are prone to fossils and other natural inclusions such as open veining and pitting caused by air pockets. These features are of no detriment to the fireplace and have been deemed acceptable by the manufacturer. As a natural product, marble and stone products are subject to variations in colour and markings. No two pieces of stone or marble are exactly alike. Every piece has unique natural variations, markings, shadings and inclusions which can include fissures, pits, open or dry seams, fossils or glass veins and differ in regard to moisture absorption, surface finish, texture and coefficient of friction. These are not defects but rather inherent characteristics of natural stone and marble products.
1.16. Polished Cast Iron and plated products are not recommended for solid fuel fires as some local discolouration may occur. Occasionally this process, which does not affect the serviceability of the product, may also occur with gas fires. If a slight local change in colour will cause distress, it is strongly recommended that black products are selected.
1.17. Change of a manufacturers product name and model when advertising a product for sale is common sales practice that is often used to give retailers their own product range identity.
1.18. If you are purchasing individual products to be fitted together, it is your responsibility to check whether these items will be compatible and also suitable for your flue type. We can only offer advice on items listed on our website so, if you plan to combine an item purchased from us with another product purchased elsewhere, it is vital that you check with the supplier or manufacturer that they are suitable for combining.
1.19. T and J Cole Ltd reserves the right to refuse the supply of goods at its discretion ordered by you or to deliver to any particular postcodes.
1.20. In the event that a mistake is made when payment is made to us including overpayment, we will only issue refunds once the original payment has been fully authorised by our banks security and fraud department.
2.1 All prices are inclusive of delivery charges to our local area of PO and SO (with the exception of Chesney's Outdoor Barbecue Heaters).
2.2. Free delivery does not include areas such as Isle of Wight. For delivery to these areas, please contact us to discuss availability and costs.
2.3. We will only deliver goods to the billing address on the order.
2.4. Delivery time estimations are quoted in working days (not including Saturdays, Sundays or public holidays) Delays in delivery of goods is often outside our control. As such, delivery cannot be guaranteed and any dates we specify for the delivery of the goods are approximate only. We shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay for delivery of the goods. If we, or our suppliers are temporarily out of stock or the item ordered is a special order, we will notify you of this position and you should allow approximately 28 days for dispatch of the goods. If we are unable to obtain an accurate delivery time for your goods from the supplier, we may cancel the order and advise you once the supplier advises us that the goods are back in stock allowing you to choose whether to reinstate the order.
2.5. If you require your products by a specific date, provided we are able to obtain the products we can arrange an express overnight delivery for an additional charge. Please add this information into your delivery instructions when placing your order.
2.6. Please note: The delivery cover ground floor only with a one man delivery, if you have any special requests for delivery (for example if you live in a flat) please make us aware of this at time of purchase and we shall endeavour to arrange a special delivery for you, this may come with an additional charge, please contact us for further information. Certain items will be delivered on a pallet. In these cases, the driver is only available to leave the item outside your house. You must make your own arrangements for unpacking the pallet and taking the product into your home.
2.7. If you are unable to accept delivery on the day we have agreed, please notify us as soon as possible and at least 24 hours ahead of the planned delivery day. If you do not notify us within this time and we were unable to deliver the goods to your home on the day that we agreed and scheduled, we reserve the right to charge a second delivery fee. All pallet deliveries will be booked-in by the freight company prior to delivery. If there is no one to accept the delivery on the agreed day, a re-delivery charge will be made.
2.8. You should examine your goods within 48 hours after delivery to check for any damage or missing items or incorrect parts. If you receive goods in a damaged condition, missing or incorrect parts, please make a note of this on the dispatch note, you will need to notify us of this by phone, email.
2.9. If you find any damage or discover that parts are missing or incorrect after delivery, you must contact us immediately. We will not accept liability for any claims for goods that are damaged, incorrect, shortage or with missing parts, which are not notified within a reasonable time after the goods were delivered. For damage claims we will require photographic evidence sending and a description of the damage by email. Signing a carrier’s delivery note “unchecked” does not absolve the persons receiving the goods from this condition.
2.10. We will not be responsible for compensating you for an losses you may suffer due to incorrect items sent, damaged items once installation has commenced. All goods must be thoroughly checked by a responsible person within a reasonable time after delivery and it is deemed that you have accepted all goods once installation has commenced.
2.11. In most instances, damaged item(s) will need to be collected before replacement goods can be sent regardless of their condition. If replacements goods are sent out before the damaged items are collected, they remain the property of T and J Cole Ltd until paid for in full or until we have received the damaged goods back.
2.12. Where goods have been ordered without the required accessories to install the goods purchased, e.g. a spacer kit for a electric fire or flue pipe for a stove, we cannot be held responsible for this and a delivery charge will therefore apply. We would strongly advise you to ensure you have everything you require before proceeding to purchase any goods from us to avoid unnecessary additional costs thereafter.
2.13. It is your responsibility to ensure that we can deliver to your address. We are not responsible for any failure to deliver to addresses that cannot be accessed.
2.14. Due to insurance guidelines, delivery personnel are unable to enter private residences. Delivery will be to the kerbside of the delivery address subject to access. The recipient of the products is responsible for any additional lifting once the delivery has been made.
2.15. If there is no one present to accept the delivery after it has been booked in or a delivery is refused for any reason other than damage or incorrect goods, we will need to make an additional handling charge for re-delivery. Should no one be available to take the re-delivery we may cancel the order and refund your money, excluding any delivery charges.
2.16. We will contact you by telephone or email to make sure that you will be available to accept delivery of the goods on the delivery date prior to dispatch. If you will not be available please request a different delivery date as soon as possible and, in any event, no later than 24 hours before the planned delivery date.
2.17. If you are not personally available to accept delivery, you may appoint a representative to do so in your place. The representative must be an adult capable of receiving delivery on your behalf, and you agree that we will be entitled to rely on the representative's instructions as if they were your own.
2.18. If delivery cannot be made due to the nature of the premises, because there is insufficient access or for any reason that is not within our reasonable control including your absence at the time of delivery, you agree to pay our reasonable additional fees for the failed delivery and redelivery, including an administration fee for re-arranging delivery. We will inform you of the cost of these fees as soon as reasonably practicable, and you will have the option of reconfirming your order including the additional fees, or cancelling your order.. If you cancel your order we will refund the purchase price of the goods, but you agree that we may retain your original delivery fee in compensation for the time and expenses incurred for the failed delivery.
3.1. Orders placed on this site can be collected once notification has been given that the goods are in stock.
3.2. You must provide a telephone number if you choose to collect your goods. We may call you to ask whether and when you intend to collect the goods. If we are unable to contact you we may stop holding the goods available for you.
3.3. Once you have been notified that goods are ready for collection, they must be collected within 7 working days from the date of notification. You will need to take the credit or debit card used to make payment along with an official form of identification, which verifies your name and address such as a bank statement, driving licence or utility bill. On arrival, please present your identification and reference number to the warehouse manager or sales representatives.
3.4. All collections from our warehouse must be checked over for damage before leaving our premises. Once in your possession your products are no longer insured by T and J Cole Ltd. Consequently, any claims for damages cannot be accepted.
3.5. We do not allow collections to be made by couriers or freight companies, unless a payment is received in full via bacs payment, 7 days prior to collection.
4.1. T and J Cole Ltd do offer a full fitting service on our own products, that we have supplied. Please contact the showroom for a quotation.
4.2. Any materials returned and accepted by us as defective, may be replaced but in no case are we liable to replace goods manipulated or altered from the state in which they are supplied, nor for any workmanship expended thereon, or consequential damage of any sort.
Natural flaws and colour changes in materials supplied will not be accepted by the company as defects, justifying rejection by the customer.
4.3. T and J Cole Ltd does not accept any responsibility for any loss or damage arising out of any latent defect in the customer’s existing flue or chimney.
4.4. T and J Cole Ltd is not responsible nor does it form part of their contract unless specified in writing, for plastering, refitting of skirting boards, decorative work, lifting and refitting of floor coverings and removing connections to and from the electricity and gas supplies.
4.5. Stone, marble, granite and slate are naturally formed materials and cannot be guaranteed for uniformity in appearance. These natural materials are sold subject to their usual defects and imperfections which range from veining and slight colour variations, to open brecciations, vents, lists and other geological formations caused by climatic conditions over the period in time. Marble and slate is sold subject to natural markings and may be filled, cramped, joined and polished as necessary.
4.6. Installation of gas fires requires a Gas Safe registered engineer and any electrical work must be carried out in accordance with current regulations. Gas Safe regulations require its members to work to recognised standards.
DO NOT ALLOW ANY NON-GAS SAFE REGISTERED PERSON TO INSTALL THE APPLIANCE. This is likely to lead to damage to the appliance and invalidate the guarantee.
4.7. We strongly recommend that you do not book fitters for your appliances until you have received and inspected your goods. We shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay for delivery of the goods.
4.8. We shall not be liable for any losses, costs, damages, charges, or expenses due to damaged items once installation of your products has commenced. This also includes incorrect, faulty or missing parts.
4.9. Manufacturers instructions and current gas and electric regulations must be followed exactly when carrying out any installations. Failure to do so may result in invalidation of warranty, call-out charges for service calls and serious compromise on safety.
4.10. Most fireplaces, fire surrounds, back panels, hearths and inserts are not supplied with manufacturers fitting instructions. The fitting of a full fireplace requires a competent installer who is familiar with the various options of building work required to suit each individual installation. We strongly recommend using the services of a installer who has experience of fitting fireplaces as each installation will vary. We will not be held responsible or accept any liability for fires & fireplaces that have been installed incorrectly or poor workmanship.
4.11. Do not rely on the product dimensions, images or specifications shown on this site for installation preparation. Product specifications are subject to change at any time and we strongly recommend contacting the manufacturers technical department for any questions you may have. We shall not be liable for any losses, costs, damages, charges, or expenses caused by goods not suitable for installation due to specifications not as expected.
4.12. Stone fireplace surround installation must only be carried out by a properly trained and experienced fitter. It is a not a job for a DIY enthusiast. The consequences of failure of a stone fireplace surround incorrectly installed and secured are extremely serious. Deaths and serious injuries have occurred as a result of stones falling from fireplace surrounds that were not securely fixed. It is essential that fireplace surrounds are designed to be installed and secured to withstand foreseeable abuse such as a child pulling down on a cantilevered mantel shelf.
CANCELLATIONS AND RETURNS
5.1. If you are not totally satisfied with your goods for any reason, you have the right to cancel your order within 14 days from date of delivery or collection for credit or refund provided that you return the goods at your cost as sold in pristine condition in their original packaging with all components and accessories. Goods must be complete, unused, and in as new condition; for example, if you have opened the box to examine the product it must have been done so without damaging the box and packaging or damaging the product in anyway and must be repackaged as received. This does not affect your statutory rights. The right to cancel does not apply to goods that are personalised or made to a consumer's specification otherwise known as 'Bespoke' products. Where this applies to goods on our website this will be made clear in your order confirmation.
5.2. Prior to retuning any item(s) we must receive email confirmation of your request to return and the reason why you wish to return the product.
5.3. When returning products you must ensure you use an insured delivery service to return any items, we will not be liable for any damage caused by the courier on the return journey. All returned items will be checked in front of the courier and any damaged items will be refused.
5.4. When we receive the goods we will inspect them to ensure all manuals, accessories and other components are within the returned package and that the goods are in the condition that we sent them to you. If we receive a returned item that is not in the condition we sent it or has missing components we reserve the right not to issue a refund.
5.5. Special order and bespoke items may carry administration charges upon return at any time.
5.6. T and J Cole Ltd will not accept liability if a product is not suitable for your chimney or flue. We strongly recommend that all customers view the product before ordering and have a survey carried out by a professional installer to check that the product is suitable prior to placing their order.
5.7. We are unable to accept the return of goods specially ordered to the customer's specification.
5.8. LPG gas fires are classed as 'special order items' and will be subject to a re-stocking fee.
5.9. It is at our discretion whether we accept the return of goods after the 14 day cooling off period has elapsed. If products are accepted back after this time, they will incur a minimum re-stocking charge of 25% of the total purchase price paid plus any additional costs we may have incurred.
6.0. All replacement products or parts must be paid for in full. If the original product/parts were sent out due to our error or if they were damaged/faulty, a refund will be issued on their return.
6.1. Full refund of the cost of the goods is wholly conditional upon the above conditions being met and the refund authorised only after a full inspection of the goods by the relevant department.
6.2. The following refund policy applies:
(a) Within 7 days of receiving your product(s) The goods are returned as new and unused, in the original box and packaging, including all accessories and are in a resellable condition, you will be refunded the full invoice price less any delivery charges within 30 days of our receiving your notification. Special order items will incur a 25% re-stocking charge;
(b) If goods are returned in a condition, which prevents them from being resold as new, we are unable to accept the return. You will not be refunded and the goods will be returned to you and the cost of delivery charged to your account.
7.1. If you suspect that your goods have developed a fault, first check that the problem is not something like a blown fuse on a electric fire or soot deposits on a gas fire pilot. Check the manufacturer’s manual, specifically the fault finding/troubleshooting section to see whether you can resolve the problem yourself.
7.2. If the problem cannot be easily rectified, the next stage will be to arrange for your installer to return back to check that the fault is not due to incorrect installation. If the installer is satisfied that the fault hasn't occurred through incorrect or poor installation, they will need to complete a report which should help determine where the fault is which we can forward to the manufacturer. We are not responsible for charges that may be made by your installer to do this.
7.2. If the fault remains unresolved, please contact our showroom at your earliest convenience. We offer the following options to resolve the situation:
(a) We shall arrange for either a replacement product or replacement parts to be supplied free of charge. These parts will be delivered to you at our expense and the faulty item shall be collected. For damage claims we will require photographic evidence sending and a description of the damage by email.
(b) The manufacturer may determine that it is necessary for one of their own engineers to visit to rectify the issue
7.3. We will reimburse any amounts you have paid to us within 30 days of return of the goods, having deducted any return, repackaging or retrieval costs and administration fee if applicable.
7.4. Please note, any faulty items have to be seen by an authorised engineer and a report must be submitted in writing to us before any action can be taken. If your goods are not found to be faulty, a call-out charge may be incurred.
7.5. All goods supplied are covered by the terms and conditions of the manufacturer’s guarantee for a minimum period of 12 months. This guarantee specifically excludes faults caused by accident, neglect, misuse or normal wear and tear. Consumable items such as fuel effects, stove glass, fire glass, fire bricks, baffles, bulbs and batteries are not covered under manufacturers warranties.
7.6. Gas fires will produce some levels of carbon soot which is produced when the flame impinges on the fuel bed of the fire. This will be more apparent on lighter fuel beds such as pebbles and driftwood. This could begin to happen as soon as the fire has been installed. There is not a fault with the fire and in no way affects the performance of the appliance. Regular maintenance such as removing the fuel effect and lightly brushing the carbon deposits off should help. We shall not be liable for any losses, costs, damages, charges, or expenses should this occur.
7.7. If goods need to be collected by us, we are unable to offer timed collection. Collections by the courier company can take place any time between 8am and 6pm.
7.8. Refunds will only be issued once the goods have been returned/collected and have been checked by our dispatch team.
8.1. All items sold by us are supplied with a manufacturers warranty subject to the product being fitted by a qualified installer and in accordance with the manufacturer's instructions. Any product offered with a warranty over 1 year is dependant on the appliance being serviced within 12 months of installation by an appropriately qualified engineer. A number of extended warranties on gas fires are subject to annual replacement of the oxy-pilot assembly.
8.2. Warranties specifically excludes naturally wearing parts of 'consumables' such as glass, firebricks, grate parts, log retainers, baffles, thermocouples, oxy-pilot, glass and ceramic fuel effects and rope seal. Orders are accepted and promises for delivery given conditionally upon our being able to secure the necessary labour and material, and without responsibility for delays arising through risks and uncertainties of manufacture, strikes, accidents or other causes beyond our control.
Terms of Payment
Unless otherwise specified, our terms are for an advance deposit of 50% if requested by T and J Cole Ltd at the time an order is placed by the customer. The balance will be paid in full on collection or delivery of the goods in cash, bacs payment (prior to collection) or credit/debit card.
The customer has a right to cancel an order without prejudice, any costs incurred will be deducted from the deposit.
Ownership of Goods
At the time of delivery the risk in the goods will pass to the customer.
Until all sums due to T and J Cole Ltd for goods supplied and installed have been paid in full, the property of the goods delivered or installed shall not pass to the customer.
If the customer has possession of goods supplied that have not been paid in full the property therein remains with T and J Cole Ltd, the goods are at the risk of the customer. The customer shall be responsible for storing such goods safe and secure at no cost to T and J Cole Ltd and will be responsible for any loss or damage to the goods while in his/her possession.
T and J Cole Ltd will always try our best to ensure that we provide a seamless experience for our existing and prospective customers. Sometimes we get it wrong and may give you cause to complain: if that is the case, please follow this procedure to let us know.
2. MAKING A COMPLAINT
We will handle complaints quickly, efficiently and in a fair and caring way. We take all complaints seriously and will use the lessons learned from our investigations to help us improve the service we provide.
3. HOW YOU CAN MAKE A COMPLAINT
In the first instance, please contact T and J Cole Ltd. All of our customer service representatives are able to deal with complaints. If necessary, they will escalate your complaint to the management team. You can contact T and J Cole Ltd via email, telephone or post using these contact details.
Post - T and J Cole Ltd, Cole House, Lower Quay Road, Fareham, PO16 0RG
Telephone - 01329 823120
Email - firstname.lastname@example.org
4. HOW WE HANDLE COMPLAINTS
When we receive a complaint, we will endeavour to resolve it within five working days; if that is not possible, we will contact you to acknowledge receipt of the complaint and to give you a timescale for a resolution.
5. FURTHER STEPS
T and J Cole Ltd will always try to resolve an issue. Normally by booking a home appointment and talk through the matter and come to a agreement to rectify the problem. If T and J Cole Ltd do not resolve the issue satisfactory please see listed below organisations that can help with the complaint.
Hampshire County Council
t: 01962 833620
f: 01962 833698/9
w: Hampshire County Council Trading Standards website
Notes: Citizens Advice consumer helpline on 03454 04 05 06.