These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
1. Information about us
1.1 We operate the website chimneygone.com We are Chimneygone Limited, a company registered in England and Wales under company number 10225890 and with our registered office and main trading address at Marland House, 13 Huddersfield Road, Barnsley, S70 2LW .
1.2 Contacting us:
(a) If you wish to contact us for any reason, you can contact us by e-mailing us at firstname.lastname@example.org
(b) If we have to contact you or give you notice in writing, we will do so by the e-mail address you provide to us in your order.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the Products accurately, you are purchasing a bespoke product and exact details and dimensions will vary.
2.2 For technical product information, or information on compliance please contact us using email@example.com .
3. How the contract is formed between you and us
3.1 Our website will guide you through the steps you need to take to place an order with us and the information that you need to supply to us in advance of placing an Order. Our Pre-Order Questionniare requires you to submit information to us in order that we can establish the suitability of our Products for your requirements. Please take the time to read and check all details and calculations that you submit to us. We cannot be responsible for any errors in information supplied to us..
3.2 After you submit the Pre-Order Questionnaire, you will receive an e-mail from us acknowledging that we have received it. However, please note that this does not mean that an order has been placed/accepted. Our acceptance of your order will take place as described below.
3.3 We will confirm our acceptance to you by sending you an e-mail confirming that the information provided in your Pre-Order Questionnaire confirms that our Products would be suitable for you.
3.4 Our online questionnaire and calculator will determine the suitability of your chimney for a bracket installation. All installations must be carried out with building control approval. We have a strategic partnership with Assent Building Control who accept the use of our bracket system providing all the necessary criteria in the questionnaire have been met. Assent will carry out a building control inspection once the bracket has been installed to give building regulations certification. If information has been provided falsely or incorrectly we accept no responsibility for failure to achieve building control sign off and any costs incurred rectifying work carried out.
3.5 Should you chose to use an alternative building control provider you must confirm with them prior to ordering a bracket that they accept the use of a chimney support bracket. Should they approve you must get the calculations supplied with the bracket approved and signed off prior to installation. Should they not be approved we will provide a refund excluding and return / delivery costs
3.6 The Contract between us will only be formed when your Order has been placed and we send you an e-mail Order Confirmation.
3.7 If we are unable to confirm your Order, due, for example to an error in the information supplied to us or due to failure to obtain any necessary building control approvals, we will refund you any amount paid amount as possible.
4. Our right to vary these Terms
4.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
4.2 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes.
5. Your consumer right of return and refund
5.1 If you are a consumer, you ordinarily have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
5.2 However, this cancellation right does not apply to our Products as they are bespoke products which are made to your requirements in accordance with Section 28(1)(b) of the Regulations.
5.3 If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
5.4 We will refund you on the credit card or debit card used by you to pay..
5.5 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
6.1 Where possible our parcels are sent by [Royal Mail Tracked]. Some parcels may require a signature on delivery. We aim to dispatch all orders within [5 working days] , but please allow up to 14 days delivery.
6.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
6.3 You own the Products once we have received payment in full, including all applicable delivery charges.
7. Price of products and delivery charges
7.1 The prices quoted on the Website are correct at the time of publishing. We reserve the right to alter these prices up or down, when required by changes in VAT or other circumstances beyond our control. The correct price will be indicated on the delivery note. We reserve the right to alter without notice or prior warning, designs or prices or product and conditions of supply.
7.2 The price of our Products does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
8. How to pay
8.1 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
9. Our liability if you are a consumer
9.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
9.2 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
10. Communications between us
10.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
10.2 You may contact us as described in clause 1.2.
11.1 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.