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Cottage Stoves

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Showroom/Office: 01635 770076
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Terms & Conditions

TERMS AND CONDITIONS

Cottage Stoves Limited. Once the quotation letter (the “Quotation”) have been agreed between the buyer of the goods and services (“you”) and  Cottage Stoves Limited and you have read and understood these terms and conditions of sale (the “Terms”) you will enter into a legally binding contract (the “Contract”) with Cottage Stoves Limited for the supply of fitted goods (comprising of bespoke and non-bespoke components (the “Goods”) as described in more detail in the cancellation rights section) and the associated installation services (the “Services”) as detailed in the Quotation. These are the Terms on which Cottage Stoves Limited supply the Goods and Services to you and it is important that you read these before signing so that you understand your rights and obligations.


INFORMATION ABOUT COTTAGE STOVES LIMITED


  1. Cottage Stoves Limited is a company registered in England and Wales.
  2. Its company registration number is 07415649.
  3. Its registered office at 31a Charnham Street, Hungerford, Berkshire, England, RG17 0EJ
  4. Its registered VAT number is 101070979 .


Cottage Stoves Limited  can be contacted by telephone at 01635 770076, by email at info@cottagestoves.co.uk or by writing to the registered office address.

If Cottage Stoves Limited have to contact you, it will do so by telephone or by writing to you at the email address or postal address as provided.


CONFIRMATION AND SPECIFICATION OF GOODS AND SERVICES

 

Confirmation of Goods and Services


  1. The Contract will only come into existence between you and Cottage Stoves Limited  when a quotation has been accepted and a deposit has been paid. Payment of a deposit against an order by you is deemed to represent acceptance of both the order and these Term & Conditions. No contract exists between you and Cottage Stoves Limited until a deposit has been paid against a formal order. The balance due on the order is required 7 days after the deposit invoice date issued.

 

Specification of Goods and Services

All Goods supplied will correspond with the Quotation, be of satisfactory quality and be fit for purpose (subject to the other provisions of these Terms). All Services will be performed by Cottage Stoves Limited. using all reasonable skill, care and diligence. Cottage Stoves Limited may, after the date of entry into the Contract, make reasonable changes to the specification of any Goods or Services, including in circumstances where it is required to ensure compliance with any applicable law or code of practice and/or where those changes do not result in any reduction to the standard, quality or performance of the Goods or Services in question or otherwise place you at any disadvantage.


Wood and Other Natural Goods

Where any Goods consist of stone, wood or other natural products, variations in the colour and appearance between different items (and any samples shown to you) may occur as a result of the natural characteristics of such materials. You acknowledge that such variations do not constitute a breach of these Terms by Cottage Stoves Limited.


Natural flaws and colour changes in materials supplied will not be accepted by Cottage Stoves Limited. as defects and do not justify rejection by you.

Cottage Stoves Limited can also not guarantee natural materials against heat and will not be liable for any damage arising as a result.


Changes to the Specification

If you request any change to the specification specified by Cottage Stoves Limited on the Quotation (the “Specification”) after the date of entry into the Contract (for example, you ask Cottage Stoves Limited to install additional units or change appliances) then such change shall only be binding if accepted by Cottage Stoves Limited. in writing and Cottage Stoves Limited. agreement may be subject to you paying an increased price for the Goods and Services as notified to you by Cottage Stoves Limited.


PRICE, PAYMENT AND OWNERSHIP

 

Price

Prices offered are subject to fluctuations in the availability, quality and cost of raw materials. Cottage Stoves Limited. can upon giving you 30 days’ notice vary any prices offered.


Unless otherwise agreed in writing, all orders require an initial advance deposit of 40%. The remaining 60% of the balance must be paid within 7 days of issue of final invoice. Failure to pay the remaining balance will result in delivery being delayed until the balance is received in cleared funds.


Cottage Stoves Limited. will not be obliged to deliver any Goods or perform any Services until the Goods have been paid for in full.


VAT

Prices are stated inclusive of VAT. Cottage Stove Limited. shall be entitled to adjust the price payable by you to reflect any subsequent changes to the rate of VAT or special VAT circumstances.


Payment

Payment can be made by cash, cheque, or BACS (Cottage Stoves Limited. bank account details are printed on all orders).


Late Payments

If you fail to pay any amount owed to Cottage Stoves Limited under these Terms on-time then Cottage Stoves Limited may suspend without liability further deliveries of any Goods and/or performance of any Services until you have paid all overdue amounts.


Ownership of and Risk in the Goods

The Goods will be your responsibility from the time Cottage Stoves Limited. deliver the Goods to you.


All Goods supplied remain the property of Cottage Stoves Limited. until paid for by you in full and in cleared funds, although this retention of ownership will not affect any claim which Cottage Stove Limited. may have against you for the payment of any overdue amount.


Until ownership of Goods has passed to you, if requested to do so by Cottage Stoves Limited. you must provide Cottage Stoves Limited. with access to your home at any reasonable time to enable Cottage Stoves Limited. to inspect the Goods and recover them if any payment is overdue from you.

  

DELIVERY/ INSTALLATION DATES

 

Delivery

Any dates for delivery/performance of the Goods and Services are estimates and whilst Cottage Stoves Limited. will always try to meet those dates it will not be liable for any minor delays or failures as installation may run on due to unforeseen circumstances. Delivery/Installations dates are therefore not guaranteed


Installation Date

All installation dates are quoted in good faith and are estimates at the time of ordering, however these dates are approximate and subject to change.


Delays

Cottage Stoves Limited . cannot accept responsibility for any delays caused by circumstances beyond its reasonable control (such as adverse weather conditions, staff illness or a general market shortage of particular Goods or parts). Such a delay will not constitute good reason for cancellation of the Contract.


YOUR RIGHTS

 

Cancellation Rights

You have the right to terminate these Terms without reason and at no cost at any-time before actual delivery of the Goods to your home and also in limited circumstances after completion of the installation Services – the Notice of Cancellation Rights appended to these Terms sets out full details of these rights and how you can exercise them.


ACCESS TO YOUR HOME AND LIABILITY FOR DAMAGE

 

Access to your Home

You must provide Cottage Stoves Limited . with free access to your home to enable it to deliver the Goods and carry out the Services. You must also provide Cottage Stoves Limited. with free access to water, electricity for such purposes. You must ensure that you have secured in advance any necessary licences, permits or authorisations required to enable Cottage Stoves Limited. to deliver the Goods and carry out the Services at your home (such as any listing building consents, if applicable).


Damage to Goods

Once any Goods have been delivered to your home you will become liable for any loss or damage to those Goods unless such loss or damage was directly caused by Cottage Stoves Limited itself or as an unavoidable result of you carrying out a reasonable and careful inspection of those Goods to confirm that they comply with the requirements of these Terms.


Working Hours

Cottage Stoves Limited will usually carry out work at your home during its usual working hours of 8.00am – 4.00pm however, occasionally Cottage Stoves Limited may decide to work outside of these days/hours to enable it to complete work as soon as possible and/or to minimise any delay and you agree to grant access to your home outside of these days/hours if requested by Cottage Stoves Limited .


Damage to your Home

Whilst Cottage Stoves Limited. will try to ensure that dust and disruption is kept to a minimum during installation, you should take all reasonable and necessary steps to minimise the impact of the installation Services, for example by moving breakables/ delicate items and covering areas likely to be affected with dust sheets. Whilst Cottage Stoves Limited will clean up after itself, you should expect some dust to result from the installation Services and you agree that Cottage Stoves Limited. will not be liable for any clearing expenses resulting from such dust.


Unless provided for in the Quotation Cottage Stoves Limited will not be liable to bury any pipework into floors or walls or for boxing in any new or existing pipework and cuts or holes made by Cottage Stoves Limited will be made good but not permanently finished or redecorated. Where Cottage Stoves Limited. is responsible for carrying out any such work or making good any such loss or damage, Cottage Stoves Limited. cannot guarantee to match any bricks, stonework etc. on a like for like basis.


Liability for Structural Defects

Cottage Stoves Limited will not be liable for any damage to your home which is caused as a direct result of structural defects or weaknesses at your home unless:


  1. that damage is caused as a direct result of a breach by Cottage Stoves Limited of these Terms; and/or
  2. the existence of the defect or weakness in question should have been reasonably apparent to Cottage Stoves Limited upon a reasonable visual inspection of the area in which the Services are to be performed prior to Cottage Stoves Limited commencing work (although for the avoidance of doubt, Cottage Stoves Limited will not be obliged to carry out a detailed structural survey of the entire of your home nor any inspection of any parts not immediately visible to the naked eye (for example, any pipes buried behind plaster or under floorboards).

 

DANGEROUS MATERIALS

 

Removal of Non-Dangerous Materials

No debris will be removed by Cottage Stoves Limited unless this has been specifically quoted for. Where rubbish is left on site, Cottage Stoves Limited . will bag rubbish and tidy up as much as possible.


Removal of Dangerous Materials

If any dangerous materials are found at your home then Cottage Stoves Limited . may agree (at its discretion) to remove those for you for an additional charge agreed with you in advance. If not, you must promptly arrange at your own expense for a specialist contractor to remove those dangerous materials as soon as possible and Cottage Stoves Limited will be entitled to suspend further works until you have done so and provided it with a “site clearance for reoccupation” certificate which should be provided by your specialist contractor.


Cottage Stoves Limited. LIABILITY TO YOU AND YOUR RIGHT TO TERMINATE

 

Cottage Stoves Limited. Other Responsibilities to You

If Cottage Stoves Limited. breaches any of its obligations owed to you then Cottage Stoves Limited. accepts responsibility for any loss or damage which you may suffer as a direct result of its breach. Cottage Stoves Limited. does not though accept any responsibility for loss or damage which is not caused as a direct result of its breach (including liability for any loss of earnings) . Further, Cottage Stoves Limited does not accept responsibility for any loss or damage to the extent that it is caused as a direct result of you breaching any of your obligations under these Terms (for example, if you fail to provide Cottage Stoves Limited. with access to your home to enable it to perform the Services) and/or due to circumstances beyond its reasonable control. In addition, Cottage Stoves Limited. will not be liable for any loss or damage to the extent that could have been avoided or reduced by you taking reasonable mitigating steps which you failed or declined to take.


Termination due to Cottage Stoves Limited Breaches

If Cottage Stoves Limited commits any material or serious breach of its obligations under these Terms then, provided that such breach is not as a direct result of any breach by you of any of your obligations under these Terms (such as you failing to allow Cottage Stoves Limited. access to your home) and/or due to circumstances beyond Cottage Stoves Limited. reasonable control, you may request in writing that Cottage Stoves Limited. remedies its breach within a further reasonable time-period. If Cottage Stoves Limited. then fail to remedy its breach within the reasonable time-period specified by you, you will then have the option to terminate this Contract due to Cottage Stoves Limited . breach.


Allowing Cottage Stoves Limited. the Opportunity to Put Things Right

If you suffer any loss or damage for which Cottage Stoves Limited. is responsible then you must afford Cottage Stoves Limited. a reasonable opportunity to remedy the problem (for example, by allowing Cottage Stoves Limited access to your home to repair any damage for which it is responsible) and you must take reasonable steps to minimise or avoid any loss or damage which you may suffer as a result as a result of Cottage Stoves Limited. breach of these Terms. Cottage Stoves Limited. will not be responsible for any loss or damage which is caused as a result of you failing to afford it a reasonable opportunity to put things right and/ or which could have been avoided or minimised by you taking reasonable steps which you failed to take.


VARIATIONS TO THESE TERMS Variations to these Terms

Other than in the limited circumstances detailed in these Terms where Cottage Stoves Limited. may make certain unilateral changes, any variation to these Terms after your Contract with Cottage Stoves Limited. has come into force will only be valid if agreed between you and Cottage Stoves Limited in writing.


Assignment

Cottage Stoves Limited. may assign or sub-contract some or all of its rights and obligations under these Terms from time to time but any such assignment will only be in circumstances which do not prejudice your rights under these Terms.


WARRANTIES

 

General Warranty

Cottage Stoves Ltd. warrants that all Installation works and services provided by it will continue to meet the standards provided for under these Terms for a period of 5 years from the date the Works/Services are commenced.  All Goods supplied by Cottage Stoves Limited. are warranted free from defects and carry a manufacturers guarantee (except showroom displays).


All Goods must be inspected immediately following delivery or installation (no later than 3 days) and will be repaired or replaced free of charge if found by Cottage Stoves Limited to be defective or damaged in any way arising directly from the delivery or installation by Cottage Stoves Limited representatives. This warranty does not apply to any defect arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by Cottage Stoves Limited., failure to follow the Manufacturer’s instructions on aftercare or any alteration or repair carried out without Cottage Stoves Limited. approval.


Warranty on Multi-fuel and Wood Burning Stoves

Please note the following items on any multi-fuel or wood burning stove are NOT covered under warranty – grate bars, stove glass, door seals and glass seals, firebricks and stove cement. Fuel for any solid fuel appliance must be as specified in the manufacturer’s user manual and purchased from an approved coal merchant and have relevant documentation for any warranty claim to be valid. Solid fuel appliances should be serviced once within every 12 month period and swept at least once a year (more often if smokeless fuel is used). All solid fuel appliances must be fitted by a HETAS approved engineer, failure to do so will invalidate any warranty claim.


Notification of Warranty Claims

You must notify Cottage Stoves Limited. of any warranty claim as soon as reasonably possible after becoming aware of the fault or problem in question, using the contact details set out in the documentation provided to you by Cottage Stoves Limited. when it delivered the Goods/performed the Services (or such other contact details as Cottage Stoves Limited. may subsequently notify to you).


Operation and Use of Goods

In order to benefit from the above warranty you must ensure that you use and care for the Goods at all times with reasonable care and in accordance with any instructions concerning the use and care of those Goods as provided to you by Cottage Stoves Limited. and/or the manufacturer of the Goods in question.


Exclusions from Warranty Claims

Neither Cottage Stoves Limited. nor the manufacturer of any Goods will be liable to you, whether under these Terms or otherwise (and whether to carry out any warranty repairs or otherwise), where any fault of problem arises as a result of:


  1. any failure by you to comply with your obligations set out above regarding the use and care of the Goods and/or you failing to notify Cottage Stoves Limited. of any warranty claim as soon as reasonably possible;
  2. any deliberate damage, vandalism or damage caused by circumstances outside of the control of Cottage Stoves Limited . (for example, due to structural problems at your home);
  3. any damage caused by any you and/ or a third party carrying out work at your home other than where such third party was acting at the request of or on the behalf of Cottage Stoves Limited. and/or the manufacturer of any Goods; and/or
  4. any mechanical breakdown or failure of the Goods provided

 

Exclusion of Your Existing System

The above warranty applies only to the Goods and Services provided under these Terms and does not extend to cover any other items at your home such as your existing systems. All installations are carried out by Cottage Stoves Limited on the assumption that your existing systems are and will be maintained by you in a satisfactory condition. Unless directly caused by a breach by Cottage Stoves Limited. of these Terms, Cottage Stoves Limited will not be responsible for repairing any faults or issues which may develop in future with your existing systems.


CUSTOM MADE TO ORDER GOODS

 

All custom made-to-order goods are non refundable. Custom made to order goods are all products manufactured and supplied by, but not limited to, the following manufacturers – Stovax & Gazco, Hunter Stoves, Dean Forge, Varde , Pevex. These products are configured to suit customers individual specifications. There are therefore no cancellation rights is respect of these custom made to order goods.


FINANCIAL CONDUCT AUTHORITY

 

These Terms do not cover the credit broking requirements set out in CONC 2.5 of the FCA Handbook which can be found here: https://www.handbook.fca.org.uk/handbook/CONC/2/5.html#D76


TERMINATION OF THESE TERMS

 

Unless terminated earlier in accordance with its provisions, these Terms will automatically terminate on the last day of the applicable warranty period. Any termination of these Terms will not affect any claim, cause of action or liability which may have arisen before the date of termination.


CANCELLATION RIGHTS

 

Please note that these cancellation rights only apply in respect of non-bespoke Goods (namely the fireplaces and chimney flues which consist of standard non-bespoke components).


For non-bespoke Goods bought off-premises (for example where the contract is concluded at a place other than Cottage Stoves Limited showroom, office or through any distance communication) you have the right to cancel the Contract between you and Cottage Stoves Limited. without giving any reason within 14 days from the date of delivery of the Goods (and where requested by you and subject to the provisions set out below, the provision of the Services) at your home.


This cancellation period will expire 14 days after the date on which Cottage Stoves Limited. have delivered the Goods (and where requested by you as set out below, the provision of the Services) at your home.


In order to exercise your cancellation rights, you must send a clear statement to Cottage Stoves Limited within this 14 day period stating that you wish to cancel.


MADE TO MEASURE, BESPOKE & CUSTOM MADE TO ORDER GOODS


Please note that the above cancellation rights do not apply to any bespoke or custom made to order Goods (namely all other components including but not restricted to custom made to order goods , made to measure fireplaces, hearths, fireplace beams and surrounds and special order fires made to individual specifications), even if the 14 day period is still running. There is no cancellation in respect of bespoke or made to measure or custom made to order products.