Terms & Conditions
Terms and Conditions
These terms and conditions apply to the purchase of any goods or products from our website. By accessing this website or by placing an order via this website you are deemed to have accepted all the terms and conditions set out below. Please read them carefully as they contain important information.
GENERAL TERMS AND CONDITIONS
This site is owned and operated by SHL Distributors Ltd of which chimneychoice .co.uk is a trading name. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at firstname.lastname@example.org.
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 receipt of your order by sending an email to you at the email address you provide in your order form.. Our acceptance of your order begins at this point and brings into existence a legally binding contract between us.
2 Ownership of rights
All rights, including copyright and images, on this website are owned by or licensed to SHL Distributors Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
3 Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only. Any images displayed are for illustrative purposes only and may not accurately represent the product in question.
4 Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
All orders are subject to acceptance and availability. If the Goods you have ordered are not available within the timescales indicated we will endeavour to inform you as soon as we are aware of any such delays.
6 Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
The prices payable for goods that you order are set out in our website. All prices are inclusive of VAT at the current rates. VAT will be shown below any carriage charges on the final order detail page prior to the payment stage.
Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
8 Payment terms
We will charge your credit or debit card for payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your credit or debit card then we have the right to cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.
9 Delivery charges
Delivery charges vary according to the type and amount of goods ordered and cannot be refunded.
10.1 Our delivery charges are for deliveries to mainland England, Wales, Scotland (excluding the Highlands) and Northern Ireland.
10.2 Deliveries are available to other geographical areas in the United Kingdom; rates on request.
10.3 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. It is your duty to inform us of any access problems or vehicle restrictions (such as size, height or weight of vehicle) prior to delivery. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
10.4 If no one is present at the time of delivery the goods will not be left unless you have left clear instruction in written form that can be taken away by the carrier.
10.5 At the time of delivery to you:-
-Please check the goods thoroughly before signing for them.
-Shortages and errors at the time of delivery cannot be rectified later.
-If any damage is apparent at the time of delivery please notify us immediately by e-mail enclosing, wherever possible, evidence of the damage.
-Goods signed for “Unchecked” will be deemed to be received in good condition.
-If you have left instructions for the goods to be left in your absence any damages must be notified to us within 24 hours of delivery enclosing, wherever possible, evidence of the damage.
10.6 You will become the owner of the goods you have ordered when they have been delivered to you. 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.
11 Risk and ownership
Once the goods have been delivered to you the risk of any damage to or loss of those goods passes to you. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full.
12 Acknowledgement and acceptance of your order
You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order. An acceptance of your order will take place on despatch of the good(s) ordered.
13 Returns policy relating to businesses (ie anyone using the goods for anything other than personal use)
13.1 Any return of goods must be made within 14 days of receipt of those goods. Any returns outside of these dates will not be accepted under any circumstances. Items returned will incur an automatic 15% re-stocking charge on the cost of the goods, unless there has been an order input or despatch error, or there is a product fault. No refunds will be made in respect of carriage charges.
13.2 If you believe the product to have a fault, please do not return it without first contacting us to explain the problem, as a refund or part refund cannot be given unless it is fully established by the manufacturer (not Construction Materials Online) that the fault is with the product itself, and that it has not been damaged or wrongly fitted.
13.3 Products returned outside of the returns policy may be sent back to the customer and/or charged to the customer for return.
13.4 Any single item with an ex-VAT value of £250 or over is returnable at our discretion.
13.5 All items must be returned in their original packaging and sufficiently protected so as to avoid any damage. Goods being returned must be sent by secure carrier and by signed delivery.
13.6 Once the goods have been received back at our warehouse in a resalable condition, any sum debited to us from your credit or debit 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. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
13.7 You will be re-credited for the costs incurred in returning any faulty goods.
14 Cancellation rights pertaining to consumers (non-business transactions)
14.1 As a consumer (i.e. any natural person who is acting for purposes which are outside of their business) you have the legal right to cancel your order within the first fourteen (14) days after the receipt of your goods (with the exception of any bespoke or made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us if you wish to cancel your contract. As a business you cannot rely on these regulations.
14.2 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.
14.3 Once you have notified us that you are cancelling your contract, and the goods have been received back at our warehouse in a resalable condition, any sum debited to us from your credit or debit card will be re-credited to your account as soon as possible and in any event within 14 days of your goods being returned PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
15 Faulty or Damaged Goods
15.1 If you believe an item to be faulty please do not return said item without first contacting us to explain the problem. Any full or part refund cannot be issued without first establishing that the fault lays with the product and not through the incorrect use of that product. Faulty or damaged goods can be returned up to 30 from the date of receipt of those goods.
15.2 All items must be returned along with their original packaging and with sufficient protection to avoid damage occurring in transit. Goods must be sent by secure carrier and signed for. Please do not stick any labels on nor write directly on any product packaging.
15.3 You will be re-credited for the costs incurred in returning any faulty goods.
15.4 This does not affect your statutory rights.
16 Cancellation by us
16.1 We reserve the right to cancel the contract between us if:
16.1.1 We have insufficient stock to deliver the goods you have ordered;
16.1.2 We do not deliver to your area; or
16.1.3 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.
16.2 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.
17.1 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable).
If you notify a problem to us under this condition, our only obligation will be, at your option:
17.1.1 To make good any shortage or non-delivery;
17.1.2 To replace or repair any goods that are damaged or defective; or
17.1.3 To refund to you the amount paid by you for the goods in question in whatever way we choose.
17.2 Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract
17.3 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.
17.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer neither 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.
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:- Chimney Choice, 290 Moston Lane, Manchester, M40 9WB, United Kingdom, and all notices from us to you will be displayed on our website from time to time.
19 Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
20 Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England,Scotland and Wales. All contracts are concluded in English.
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.
23 Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
24 Use of Goods
Goods shall at all times be installed, commissioned, used and maintained by the customer in accordance with the instructions of SHL Distributors Ltd. (whether by way of operators user manual or otherwise) SHL Distributors Ltd. shall have no liability or responsibility to the customer or third party for any loss or damage by reason of the customers failure to follow instructions and the customer indemnifies SHL Distributors Ltd. against any such loss. Any instructions given by SHL Distributors Ltd. or its employees or agents to the customer which are not in writing by SHL Distributors Ltd. are followed or acted on entirely at the customers own risk and accordingly, SHL Distributors Ltd. will not be liable for any instruction not so confirmed in writing.
All products supplied by SHL Distributors Ltd. are guaranteed to be free from defects in materials and workmanship. Defects and wear caused by normal wear and tear, accident, negligence, lack of proper maintenance, misuse of the product or by product alterations which have not been agreed to by SHL Distributors Ltd. in writing are excluded from the warranty. Any product warranty supplied by SHL Distributors Ltd. will be null and void, if the product has been subject to a chimney fire. SHL Distributors Ltd. liability is strictly limited to the repair or replacement of the item found to be defective by our technical department.
26 In the event of a fire
26 In the event of a fire
In the event of a chimney fire SHL Distributors Ltd accept no responsibility for the loss of product due to such an event. Temperatures in the chimney can reach heights beyond what our products are tested and guaranteed for and we are not liable for any damage or loss caused to our products during or after such an event.
Each product is supplied with a guide or instructions on how to install properly and securely. These guides must be followed at all times and if you deviate from the instructions SHL Distributors hold no liability for any damage or loss or product or property.
Shl Distributors Ltd trading as chimneychoice.co.uk are committed to protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Data Protection Act 1988
We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data.
Use and collection of personal information
In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site you may need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:
(a) To register you with our website and to administer it.
(b) For assessment and analysis e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
There is a technology called “cookies” which may be used by us to provide you with, for example, customised information from our website. A cookie is an element of data that a website can send to your browser which may then store it on your system. If you wish, you can usually adjust your browser so that your computer does not accept cookies. Please remember cookies do not contain confidential information such as your home address, telephone number or credit card details. We do not exchange cookies with any third party websites or external data suppliers.
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10. Any request should be sent to:
Office Manager, Chimney Choice, 290 Moston Lane, Manchester, M40 9WB, United Kingdom