Gemstone Fireplaces

TERMS AND CONDITIONS

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 that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.

2 About us

Our aim is to ensure that you fully understand all options available to you before purchasing, so that you can make the right informed choice when selecting your chosen product to suit your individual needs and requirements. Our customer services are here to help you during office hours.

3 Disclaimer

Gemstone Fireplaces Ltd accept no responsibility for you having chosen an unsuitable appliance for your setting, and it is you the clients responsibility to make sure the correct survey is done in compliance with Safety Standards and installations are carried out by the appropriate qualified persons. Gemstone Fireplaces Ltd is in no way liable for the purpose and fitment of Gas services supplied to the buyer. Gemstone Fireplaces Ltd has no control over the suitability and method of their application or use.

4 Payment

Notwithstanding delivery goods shall remain the property of Gemstone Fireplaces Ltd until such time as all payments are made in full

5 Natural Materials

Where fireplaces are constructed from natural materials slight colour variations and vein structure are inevitable. These minor imperfections are NOT to be seen as a fault within the surround but to be enjoyed and accepted as the beauty of natural products.

6 Reconstructed Materials

Where fireplaces are made from reconstructed materials again colour variation may occur and cannot be helped but again give each fireplace a charm and individuality of its own.

7 Polished Cast Iron and Brass Products

Polished Cast Iron and Brass products are not recommended for solid fuel fires as some discolouration may occur. Colour variation and discolouration may also occur where gas fires are fitted. Where clients feel unhappy with the risk of this happening we would recommend that you select black products. Please note that any colour variation in no way impairs the use of the product.

8 Tiles and Cast Panels

Due to the Tubelined Tiles being hand painted in a traditional way natural crazing and colour variations may occur; this must be accepted as part of their charm and not deemed to be a fault in the manufacturing. An alternative option to tiles may be the Cast Iron Panels. Two panels or two tile runs make up a set to suit castings in some cases a left and right may be an option.

9 Installation

It is your responsibility to choose a product of appropriate fuel type, chimney needs and dimensions.

10 Flue Types

See FAQs

11 Size Variations and Tolerance

All products are subject to a size variation and tolerance level of either 5mm in any direction or 1% whichever is the greater.

12 Important Notice

12.1 Natural Imperfections

Please note that both surrounds manufactured from Natural Materials as well as Reconstructed Materials will contain imperfections such as vein structure and some slight colour variations; this means that no two fireplaces are ever the same. Any natural variations should be seen to only improve the look of each fireplace and should be accepted as part of the charm and beauty of the surround, not as faults.

12.2 Drying Time

During the manufacturing of the surrounds the masons need the use of water on the cutting blade and profiling tools, during the manufacturing process the surround absorbs a large amount of water. Because of the absorption of water the surround may be patchy in places when you receive it. Some surrounds may take up to 3 months to dry out completely.

Although we do try to take preventative measures by adding chemicals during manufacturing of the surrounds Salt patches may also appear on the surface; during drying these appear as a white dusty stain. In the unlikely event of this appearing, removal can be done with clear water and a soft brush or sponge.

13 Price

13.1 The prices payable for goods that you order are as set out in our website.

13.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.

14 Right for you to cancel your contract

14.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

14.2 To cancel your contract you must notify us in writing.

14.3 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.

14.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit 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. The goods should be returned insured via recorded delivery to us undamaged and returned in a saleable condition, the goods must not have been fitted, installed or used in any way, all accompany products ordered with the product must be returned at the same time. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

14.5 If a return is made for any other reason than the goods being faulty or damaged a 5% re-stocking charge will apply to the total purchase price paid plus any additional costs we may have incurred in the delivery or collection of goods.

14.6 Packaging must be retained. Carriers have a right to refuse collection of consignments without appropriate packaging.

15 Cancellation by us

15.1 We reserve the right to cancel the contract between us if:

5.1.1 we have insufficient stock to deliver the goods you have ordered;

15.1.2 we do not deliver to your area; or

15.1.3 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.

15.2 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. We will not be obliged to offer any additional compensation for disappointment suffered.

16 Delivery of goods to you

16.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. Before delivery, we will contact you regarding when we will be delivering and whether we would like assistance to aid the driver to unload. Deliveries will be made via our own transport wherever possible, this being more so for limestone and marble surrounds, however, where our own transport is not available deliveries will be made via a reputable carrier, goods more likely to be made by this transport would be any cast-iron goods. You will be requested to sign for the goods received. Please be aware that we cannot accept any claim for damages caused by the carrier once you have signed for the goods “received in good condition” or words to this effect that appears on the carrier's paperwork/delivery notes.

For your own good please ensure that you check the goods thoroughly for any visible signs of damage etc before signing.

16.2 Delivery will be made as soon as possible after your order is accepted and in any event within 28 days of your order. We endeavour to dispatch most stock items within two weeks of receipt of order, some orders may take up to 28 days to deliver due to circumstances beyond our control. On some occasions a particular item may be temporarily out of stock from the manufacturer. However we will keep you informed of your order and its progress and please be assured that we will dispatch your order as soon as it is available. We would advise you not to book an installation with any qualified installer or other until such time as delivery has been made of the goods as goods may be damaged in transit or short delivered.

16.3 You will become the owner of the goods you have ordered when they have been delivered to you and paid for in full. 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. If however you delay in accepting the goods, our delivery responsibility for everything other than any damage incurred in transit or other negligence on our behalf will end on the date the carrier tried to deliver the goods to you. The carrier is entitled to hold the goods in storage and charge you a reasonable charge for the storage and insurance for the goods which you will be liable to pay to the carrier. You may also become liable for the redelivery costs of the goods for a second time. Once the delivery process begins, i.e. goods are in transit, then you will not be able to cancel any contract you have with us for the services carried out by us on your behalf such as the postage and packing services.

17 Liability

17.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.

17.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.

If you notify a problem to us under this condition, our only obligation will be, at your option:

17.2.1 to make good any shortage or non-delivery;

17.2.2 to replace or repair any goods that are damaged or defective; or

17.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.

17.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.

17.4 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.

17.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer 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 Gemstone Fireplaces Ltd, 40 London Road, Kirton, Boston, Lincolnshire, PE20 1JA and all notices from us to you will be displayed on our website from to time.

19 Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

20 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.

21 Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

22 Governing law

The contract between us shall be governed by and interpreted in accordance with English law and we both agree to submit to the non-exclusive jurisdiction of the English Courts.

23 Entire agreement

These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Terms and Conditions for Internet Site

BY USING THIS SITE YOU ARE AGREEING TO ALL THE TERMS, CONDITIONS AND NOTICES CONTAINED THEREIN. THESE MAY BE ALTERED AT ANY TIME WITH OR WITHOUT NOTICE. IF YOU DO NOT AGREE WITH THESE TERMS THEN DO NOT ENTER THE SITE OR REGISTER ANY DETAILS.

1. Copyright and trademark notice

Nothing on this web site shall be construed as transferring any licence or other rights regarding any intellectual or proprietary rights of the owners of this web site or any third party, whether by estoppel, implication or otherwise.

The owners of this web site reserve all copyright in the design, layout, text, graphics, programs and arrangements contained within it. Permission is granted to make a transient copy of the web site in order to view the site on-line. A permanent copy of any part of this web site can ONLY be made for the purpose of placing an order with the company or its subsidiaries. No other use, modification, distribution, or publication of any of the material on this site is permitted.

Third party company images are copyright material belonging to those respective companies and are used in this site with the permission of the owners.

GEMSTONE FIREPLACES LTD, and all its other subsidiary companies mentioned on this web site are trademarks of GEMSTONE FIREPLACES LTD and may not be used without permission. Other names and products mentioned on the web site may be the trademarks or registered trademarks of their respective owners.

2. Claims of infringement

All claims of copyright infringement should be made in writing and addressed to:

GEMSTONE FIREPLACES LTD

40 LONDON ROAD

KIRTON

BOSTON

LINCOLNSHIRE

PE20 1JA

3. Liability Disclaimer

This web site may link to other sites over which GEMSTONE FIREPLACES LTD has no control. We make no representations or have any liability with respect to these sites.

To the fullest extent permitted by UK Law, GEMSTONE FIREPLACES LTD is providing this site on an AS IS basis and does not represent or warrant that the information available on the site is accurate, complete, or up to date. We reserve the right to change prices, availability, and any other information without notice.

In no event shall GEMSTONE FIREPLACES LTD be liable for any loss or damage whatsoever arising out of the use, non use, performance or content of this web site, either directly or indirectly.

4. Privacy policy and security

GEMSTONE FIREPLACES LTD is committed to protecting your privacy and to processing your information “fairly”. Furthermore under the Data Protection Act we follow strict security procedures to prevent inadvertent or deliberate loss or disclosure of personal information.

Parts of this web site allow for the capture of information relating to users of the site. Any submission by the user becomes the property of GEMSTONE FIREPLACES LTD and the user implicitly grants the company the right to process that information in any way. This is subject to privacy and also the Data Protection Act set out below.

GEMSTONE FIREPLACES LTD will not sell, trade or rent any personal information relating to you (except as needed to provide you with the services you requested or in the sale of our business as a going concern).

If you wish to raise any privacy issues with us then please use the contact details set out in section 2.

5. E-Mails

The company assumes no responsibility for the deletion or failure to store e-mail message. The e-mails you send us are not necessarily secure and if they contain any sensitive or confidential information then the company would advise you to send them by post or via the telephone system.

6. Data Protection

GEMSTONE FIREPLACES LTD fully complies with its responsibilities under the Data Protection Act.

7. Jurisdiction

Use of this site is subject to the Law of England and Wales and the courts of England and Wales shall have sole jurisdiction over all claims or disputes relating to your use of this site or your dealings with GEMSTONE FIREPLACES LTD.

In the event of any term or condition of this web site conflicting with any law or provision under which they will be construed or if any such term and condition be held to be invalid the courts with jurisdiction over the parties then such terms will be removed and the remainder of the terms and conditions will remain in force.

8. Changes to terms and conditions

We reserve the right to change these terms and conditions at any time and without notice.

9. Indemnification

You agree to indemnify the company and its subsidiaries from any claim or demand, including any reasonable expenses, made by any third party due to, or arising out of, the use of this web-site by you. This includes any infringement of intellectual property rights or any other right of any other person.