What Are Your Rights When Purchasing Online?
When purchasing goods or services online, this is deemed distance sellingdue to the fact our customers do not see and handle the products prior to purchasing. As a result, this is governed by two separate forms of legislature to the standard (and well-known) consumer rights, known as The Consumer Contracts Regulations (since June 2014) and The E-Commerce Regulations.
! If goods were purchased prior to June 13th 2014, you must refer to the former Distance Selling Regulations !
The Consumer Contracts Regulations apply to orders placed with Glowing Embers via the following mediums only:
- Directly through the website (www.glowing-embers.co.uk)
- Communicated electronically (email & Live Chat)
- Processed verbally over the telephone
Within this article, we hope to clearly present the obligations of both parties (Glowing Embers as the ‘seller’ and yourself as the ‘buyer’) when entering into a sales contract with us.
What Information Must Glowing Embers Make Available Before Sale?
Business Name, Contact Details and Address
Neutrino Retail Ltd. T/as Glowing Embers, 20-28 Albert Road, Braintree, Essex, CM7 3JQ.
01376 555182
[email protected]
Description of Goods
We always try to make sure that all product images illustrated on Glowing Embers are current and accurately represent the product along with all technical data provided. However, very occasionally manufacturers will make slight amendments to the construction or appearance of a product – these changes do not alter the functionality of the product and will only present themselves as very minor aesthetic differences.
Total Price Including Taxes
In almost all cases, the prices for goods are displayed on the website. In some instances, you may need to telephone us for a price. Usually the price stated is that which must be paid for the goods supplied. On the rare occasion when a price is incorrectly stated on the website or quoted incorrectly, we will contact you to apologise and advise you of the error and indicate the actual price appropriate to those goods. Should you have already paid the price initially quoted; an option to have the amount paid refunded onto your debit/credit card will be provided. We will make every reasonable attempt to contact you to inform you of this change. If we are unable to contact you we may place the order on hold or cancel the order. If we cancel the order a full refund will be provided. All prices shown and quoted are inclusive of vat unless otherwise stated.
How a Customer Can Pay
Payment must be made when an order is placed and monies shall be processed immediately.
Glowing Embers accepts all major debit and credit cards with the exception of American Express, both through the website (PayPal*) or over the telephone (WorldPay*), PayPal account, PayPal Request, BACs, cash on collection or Novuna Personal Finance.
Installation site survey payments are non-refundable and a 10% deposit for all finance applications must be paid before the order can be finalised.
*Subject to change without prior notice
Delivery Arrangements
There is a default delivery period of 30 days during which Glowing Embers must deliver the goods to the customer unless a longer period has been agreed.
Glowing Embers is responsible for the condition of goods and services provided by the courier only until said goods are received by the customer or a nominated recipient (such as a neighbour).
Costs may vary if ordering goods for delivery abroad. For a quote please telephone 01376 555182. Some areas of the UK and Ireland may incur additional delivery charges and you accept to pay these charges where required.
We ask you to understand that very occasionally deliveries may be late as a result of circumstances completely out of our control associated with the delivery services we employ. We cannot accept liability for any consequential cost that you may incur as a result of these unforeseen delays. Where we know of a potential delay we will try to inform you of this as soon as possible (the usual method of communication in this instance is via email). If goods do not arrive when expected, please telephone us to let us know. Where you have paid for a specific date for delivery and the goods do not arrive on or before that date, a refund of some or all delivery charges may be provided. Please see Shipping & Returns.
Order Amendments
Regrettably, once an order has been placed and confirmed, we are unable to make any amendments to the products or quantities on the order.
Cost of Calling Glowing Embers
We provide a geographical telephone number (01376 555182) to all customers both pre- and post-sale. Please refer to your operator for your cost of calling geographical telephone numbers.
Conditions of Contract
Confirmation of your contract (order) must be provided either in durable (paper) form or via the represented medium, in the case of Glowing Embers, electronically. This will be provided via email upon checkout completion to the provided email address. Failure on the part of Glowing Embers to do so could result in your cancellation rights being extended by up to a year. Some email providers may filter this into junk or spam folders and it is the customer’s responsibility to locate this confirmation.
Glowing Embers shall not be liable for any failure to perform its obligations in cases where the failure was caused by matters beyond our reasonable control. We, Glowing Embers have the right to suspend or terminate any agreement if it appears to us in our absolute discretion that you, the customer have breached any part of that agreement.
The laws of England shall govern the contract between us and any dispute between us will be resolved exclusively in the courts of England.
In entering into a contractual agreement for the supply of goods, you (the customer) duly accept these Conditions.
Cancellation Form
Glowing Embers does not provide a form for cancellation as the customer is not legally obliged to use one. Please contact Glowing Embers’ customer service team on 01376 555182 or via [email protected] to initiate your request to cancel or return goods.
Please see Cancellation Rights
Availability of Goods
We stock a considerable range of goods available for immediate purchase. Some items may be sent to you directly from the manufacturer and purchase of these goods may be subject to their available stock. If we are unable to send your goods within a reasonable time or when we have promised delivery, we will inform you as soon as possible and offer suitable substitute goods where available. A full refund will be provided if you have already paid for goods and you wish to cancel the order.
Trade Organisations or Professional Bodies Glowing Embers Belongs to
Glowing Embers is registered with HETAS, No. 5515.
BSRIA
VAT Number
Registered in England and Wales with Limited Liability No: 14225339. VAT Registration No: 445 8717 61
This information is available to be emailed or printed directly from Glowing Embers for future reference or provided verbally over the telephone
What Are My After-Sale Rights And Obligations?
Cancellation Rights
Customers are entitled to cancel a purchase within 14 calendar days (previously 7) of receiving the last item of an order. Your request to cancel must be received by Glowing Embers within this 14 day ‘cooling off’ period. Goods must be unused, resalable and in their original packaging.
Please note, our contract with the customer requires the customer to return cancelled goods at the customer’s expense. If cancelled goods have been received, it is the customer’s responsibility to arrange the return of the item(s) and cover all costs therein. If cancelled goods have not yet been received, Glowing Embers can assist in reconsigning the item(s) back to the manufacturer/supplier at the customer’s cost. The cost of reconsigning a cancelled order may include (but not limited to) shipping, redelivery or collection fees in addition to customs charges should the item have been supplied directly from an overseas manufacturer or supplier.
Bespoke or tailor made items listed below (but not limited to) are non-refundable:
- Flexible Chimney Liner
- Stove Rope
- Custom cut (to customer’s requirements) vermiculite fire bricks
- Custom cut (to customer’s requirements) stove glass
The customer’s right to cancel expires after 14 days from receiving goods.
Any refund due for cancelled goods must be provided within 14 days of receiving said cancelled goods back in the condition stated above.
Returns and Glowing Embers’ Right to Refund
The customer has 30 calendar days from ordering to request a return on eligible items (non-bespoke items previously stated). Please see Shipping & Returns.
Refunds will be issued within 14 calendar days of receipt of goods if in accordance with Glowing Embers terms & conditions of return (provided upon return request). Monies owed will only be reversed to the original payment source.
A deduction can be made if the value of the goods has been reduced as a result of the customer handling the goods. Glowing Embers refuse refunds on handled or used or otherwise damaged items. The extent to which a customer may handle goods is the same as if assessing the product in a shop.
In circumstances where a refund for the cost of original postage is due, the seller only must refund the basic delivery cost and not extra amounts paid by the customer for enhanced services such as next day carriage.
Glowing Embers is only responsible for the condition of goods up to the point they are received by the customer. It is the customers responsibility to check all goods upon receipt and/or prior to returning to Glowing Embers. Any unreported damage to goods will be deemed the responsibility of the customer.
In the event of goods received back damaged, Glowing Embers will assist in all matters relating to the customer pursuing a claim with their chosen courier.
Where customers have signed upon receipt for goods, they are accepting responsibility that goods are in a good condition. Subsequent claims of damage may not then be accepted. If damaged, goods must be signed for as damaged.
Pre-Ticked Boxes
Glowing Embers does not participate in the practice of pre-selecting products for the customer in the form of pre-ticked boxes or pre-loaded baskets.
Faulty or Damaged Goods
You must check your goods upon delivery and in cases of damaged goods, this should be communicated to the delivery driver, signed for as ‘damaged’ and Glowing Embers notified as soon as possible.
Glowing Embers will not accept claims of damage to goods (this differs to faulty goods) raised after 30 days due to uncertainty regarding how the goods have been handled and where they have been stored.
Signing for goods as being in sound condition will impact any future claims of damage.
In cases where we advise you to return the goods, we will reimburse you for the delivery costs at the rate of standard Royal Mail parcel delivery. You will then have the option of accepting replacement goods, or receiving a full refund, including the initial cost of delivery.
Manufacturer’s Warranties
Glowing Embers acts as the customer’s point of contact only for warranties completed and returned to Glowing Embers. Where a warranty has been completed and returned directly to a third-party manufacturer, the customer is required to raise any warranty concerns directly with the manufacturer. Warranties are only honoured if all terms and conditions and stipulations have been adhered to in accordance with UK building regulations and Hetas requirements.
All products are sold on the understanding they are installed by registered, professional installers in accordance with Approved Document J of the Building Regulations (England & Wales) and the laws of England.
Exclusions of Liability
As per standard business practice applied to all retail services, Glowing Embers is not liable to fulfil any obligations towards you as a result of:
- Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost
- Force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions
- Latent defects or inherent vice in the contents of the shipment
- Criminal acts of third parties such as theft and arson
- National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery
Our Technical and Sales team are always pleased to offer customers advice regarding the purchasing of stoves and flue systems, but it must be indicated that this information is meant as guidance only. Glowing Embers cannot accept any responsibility if wrong items are ordered by the customer and/or installed in a manner which does not meet the purpose intended and/or comply with building regulations.
Glowing Embers will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act or default.
Copyright
Copyright of all illustrations, images and designs found on our website is reserved. Persons acting individually or as part of an organisation must not use, reproduce, modify or distribute images or content on this website in any form without written permission from Glowing Embers. English is the only language offered for the conclusion of the contract.
Integration of the Trusted Shops Trust Badge
Following an order, the Trusted Shops Trustbadge is incorporated into this web page in order to display our Trusted Shops trustmark for buyers and the eventually collected reviews, as well as the Trusted Shops product offer.
In balancing the various interests, this serves to safeguard our legitimate prevailing interests in an optimised marketing of our offer. The trustbadge and the services advertised are an offer of Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Köln.
Whenever a trustbadge is called up, the web server automatically stores a so-called server log file which contains, for example, your IP address, the date and time of retrieval, the data volume transferred and the requesting provider (access data), and documents the retrieval. This access data will not be evaluated and will be automatically overwritten seven days after your visit to the page.
Other personal information will only be transferred to Trusted Shops if you decide, after completing an order, to use Trusted Shops products or have already registered for their use. In this case, the contractual agreement between you and Trusted Shops applies.
