Buyer: the person who buys or agrees to buy the goods from Stove Hunters.
Conditions: the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods: the articles which the Buyer agrees to buy from the Stove Hunters.
Price: the price for the Goods, excluding carriage, packaging and insurance costs.
Seller: means Stove Hunters of The French Barn, Harepath Farm, Burbage, Wiltshire. SN8 3BT. A registered partnership in the UK. Telephone no: 01672 810317
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement ofAmanda Humphreys on behalf of the Seller.
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
2.6 Use of our websites are governed by our Terms of Website conditions. Please take the time to read these as they contain important terms which may apply to you.
2.7 Our Goods are strictly sold for personal use and not for commercial use or resale.
3.1 The Price shall be the price quoted on the Seller’s invoice which will be agreed prior to the sale and subsequent payment.
4. Payment and Interest
4.1 Payment of the Price is due at the time of order and no goods will be despatched until such payment is made in full.
4.2 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
5.1 Our Goods can be viewed on our websites at: www.stovehunters.com, www.stovehunters.co.uk and www.antiquewoodburningstoves.co.uk. Whilst every effort is made to ensure the accuracy of the information on these sites, from time to time errors may occur and we reserve the right to inform you of these errors prior to any purchase. The images on our websites, whilst of the actual item that you will be purchasing, are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer/laptop/tablet/smart phone will accurately represent these colours.
5.2 The quantity and description of the Goods shall be as set out in the Seller’s invoice.
6.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the invoice.
6.2 Any guarantee which is specific to an item will have details clearly outlined on the invoice.
7. Delivery of the Goods
7.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
8. Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods [48 hours] after delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 48 hours of delivery of the Goods of any defects which a reasonable examination would have revealed.
8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9. Title and risk
9.1 Risk shall pass on delivery of the Goods to the Buyer’s address.
9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
9.4 The Seller may at any time before title passes and without any liability to the Buyer:
- 9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
- 9.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
10. Carriage of Goods
10.1 Carriage will be chargeable on all sales and notification of the cost will be given to the Buyer prior to shipment.
10.2 All taxes and costs associated with importation will be the responsibility of the Customer if the Buyer is outside of the UK.
11. Your right to cancellation and refund
11.1 The Consumer Protection (Distance Selling) Regulations 2000 will apply to any Contract formed through our site where you are a consumer. Advice about your right to cancel is available from your local Citizens' Advice Bureau.
11.2 A refund for the goods will only be made within the regulations of the Consumer Protection Regulations 2000 if the Goods are returned in unused condition and in the same condition as which the Seller originally despatched. This will include duty and taxes to be paid if the Goods are being returned from a country outside the UK.
11.3 Refunds will only be made to the same credit or debit card that was used in the purchase of the Goods and will be made as soon as possible but at least within 30 days of receiving said Goods. There are no exceptions to this.
11.4 Should the Goods prove to be delivered in a faulty condition, you must notify Stove Hunters at firstname.lastname@example.org within 48 hours. A refund will only be issued after Stove Hunters have received the Goods and checked them and agree the damage is not the fault of the Buyer.
11.5 All transportation and packaging costs are the responsibility of the Buyer including the original transportation and packaging costs and no refund of any transportation costs will be given in the event of subsequent cancellation.
12. Events outside our Control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2.
12.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of utilities services or public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
◦ 12.3.1 we will contact you as soon as reasonably possible to notify you; and
◦ 12.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13 Other important terms
13.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these terms and conditions.
13.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
13.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
13.4 If any court or competent authority finds that any provision of a Contract of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
13.5 If any invalid, unenforceable or illegal provision of a Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
13.6 A waiver of any right or remedy under a Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under a Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
13.7 If you are a consumer, 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 that the courts of England and Wales will have exclusive jurisdiction, however we reserve the right to bring proceedings against customers in the countries of their residence.
13.8 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales, however we reserve the right to bring proceedings against customers in the countries of their residence.