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Terms & Conditions

Wharfe Valley Hearths Ltd:  Tel 01937 572084 (Option 4)

When you place your order with us you are agreeing to our terms and conditions.

  • For Delivery Terms, please click on the `Delivery’ Link at the top of our homepage.

Ordering

  • Contract of Sale between the Purchaser and the Seller begins when the Seller notifies the Purchaser of dispatch; this may be via email, sending of DHL tracking or telephone. Please ensure the correct email address is supplied as we do not accept responsibility for failed receipt (proof of sending can be provided)
  • Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://wharfevalleyhearths.co.uk website (the “Service”) operated by Wharfe Valley Hearths (“us”, “we”, or “our”).
  • Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
  • By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
  • It is your responsibility to ensure the correct product has been ordered; we will allow 12 hours before dispatching for you to do this (this does not apply to urgent telephone orders or where dispatch has been agreed); this applies to internet and telephone orders.
  • Payment is required prior to dispatch, or production of custom made products
  • When an order is placed with us online you will receive an email with your invoice and details of the products you have ordered
  • Do not use sharp objects to open packaging due to the glass beneath; you may cause irreparable damage to the product which is not covered by ourselves
  • We will repair or replace any item found defective or damaged before delivery or during unloading. This is in addition to your manufacturer’s guarantee. We do not accept return of products which are damaged following receipt

Cancellations and Returns Policy (Not Businesses)

Mail order, telephone and internet sales to individuals (not businesses) are covered by the Consumer Protection (Distance Selling) Regulations 2000 (UK Law Directive 97/7/EC), which protect you by providing a 14 working day ‘cooling off’ period after the day the product has been delivered

  • If you cancel an order after we have started to ship it, a charge for the shipping will be deducted from any refund together with a 15% re-stocking fee (of RRP), even if your order has not reached your address. We will not refund any additional carriage costs paid on the original order.
  • You have the option to cancel any order between the time of placing it and 14 working days after delivery This does not apply to custom made (bespoke) orders, which are non-returnable/refundable.
  • Cancellations must be in writing, by post or email; hearths@wharfevalley.co.uk (not to ANY other email address), quoting the Order Number. The cost of returning goods is your responsibility.
  • You are advised to retain the original packaging to assist in re-packing a hearth for return.
  • The goods must not have been fitted, installed or used in any way
    • The goods must be unmarked and free from blemishes of any kind, and you must return them in a re-saleable condition (includes packaging).
    • We recommend using a tracking service for returns as we cannot be held liable for goods not received or damaged in transit. In either of those scenarios (but not exclusive to), you may be able to make a claim against your chosen carrier for any losses
    • Your package will not be accepted by our warehouse unless we have agreed the return
  • Please notify us of the expected delivery date.
  • Please return the goods using the original method of delivery such as a pallet. Goods must be securely package particularly if they have been opened. If goods are damaged when returned, a refund will not be given. (Pallet goods must be sealed and strapped).
  • You have the right to receive a partial refund within 30 days of cancellation, normally paid within 14 days of cancellation and the goods being returned safely(whichever is the later).

Cancellations and Returns Policy – Businesses

  • We charge a 30% (of RRP) restocking fee on all business order returns (even if they have not been delivered). We will not refund any additional carriage costs paid on the original order.
  • Custom made (bespoke) orders, are non- returnable/refundable.
  • It is your responsibility to return unwanted/ mis-ordered goods whether they were /were not delivered to you or on behalf of your customer, including any costs incurred
  • We recommend using a tracking service for returns as we cannot be held liable for goods not received or damaged in transit. In either of those scenarios (but not exclusive to), you may be able to make a claim against your chosen carrier for any losses
  • Your package will not be accepted by our warehouse unless by prior arrangement
  • Partial refunds are processed within 14 working days of receipt of returned goods provided they are received undamaged, in re-saleable condition, in the original packaging
  • We regret that we are currently unable to participate in the UK VAT Retail Export Scheme

Purchases

You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Wharfe Valley Hearths is not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that Wharfe Valley Hearths cannot accept any liability for loss or damage arising out of such cancellation.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Wharfe Valley Hearths and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Wharfe Valley Hearths.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Wharfe Valley Hearths.

Wharfe Valley Hearths has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Wharfe Valley Hearths shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Wharfe Valley Hearths and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Wharfe Valley Hearths, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Wharfe Valley Hearths its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Wharfe Valley Hearths ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Wharfe Valley Hearths or any person for whom Wharfe Valley Hearths is responsible, and even if Wharfe Valley Hearths has been advised of the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

Contact Us

If you have any questions about these Terms, please contact us.