Terms and Conditions of Sale
1. These terms
1.1. What these terms cover. These are the terms and conditions on which we supply made to order fireplaces to you, which are ordered via this website, including (where applicable) any related site survey and installation services (collectively “Products“).
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1. Who we are. We are J Rotherham Masonry Ltd a company registered in England and Wales. Our company registration number is 02143751 and our registered office is at Holme Industrial Estate Skiff Lane, Holme-On-Spalding-Moor, York, YO43 4BB.
2.2. How to contact us. You can contact us by telephoning our customer service team on 01430 862814 or by emailing us at [email protected] or writing to us at Customer Services, J Rotherham Masonry Ltd, Holme Industrial Estate Skiff Lane, Holme-On-Spalding-Moor, York, YO43 4BB.
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Products you have ordered. This might be because the fireplace you have ordered (or materials required to make it) are unavailable or out of stock, or because of unexpected limits on the resources we require to fulfil your order. It may also be because we have identified an error in the price or description of the Product your have ordered, or because we are unable to meet a delivery deadline you have specified, or for other reasons.
3.3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4. We only sell to the UK. Our website is solely for the promotion of our Products in the UK. Unfortunately, we do not currently accept orders from or deliver to addresses outside the UK.
4. Our Products
4.1. What our Products include: Our Products include made to order/ measure fireplaces, as well related (optional) site survey and installation services.
4.2. All our fireplaces are made to your specification and order: Our fireplace configurator enables you to design your own fireplace by choosing your preferred materials, surround, hearth and appliance options as well as your required dimensions. As such all our fireplaces are made bespoke to your specifications.
4.3. Products may vary slightly from the pictures on our website. Since our fireplaces are bespoke made to order Products and since they are made from natural materials (such as stone) the images of fireplaces and fireplace components and materials on our website are for illustrative purposes only. Although we have made every effort to display the components and colour and texture of materials accurately, we cannot guarantee that such images accurately reflect the colour or texture or appearance of the finished fireplace. Your fireplace may vary slightly from those images. In addition, although we made every effort to be as accurate as possible, because our Products are handmade, there may be small differences between any sizes, weights, capacities, dimensions and measurements indicated on our website or stated in your order, to those of the finished Product.
4.4. Your options when ordering a fireplace: When you place an order for a fireplace, you will be asked whether you wish to benefit from our (optional) site survey and installation service. In particular, you will be given the following options:
4.4.1. Delivery and Install: If you choose the “Delivery and Install” option, we will undertake site survey before your fireplace is manufactured to confirm the details of your order, to show you samples of your chosen fireplace materials and to check the dimensions of the fireplace opening you have provided and to assess the suitability of any appliance you have chosen. You will then be given the opportunity to make any necessary changes to your order before you confirm your order and your fireplace is put into production. With this option, we will also arrange for your fireplace to be delivered and installed once it has been manufactured. Further details of the Delivery and Install option and service, including our obligations and what we require from you, is available at [INSERT LINK] and forms part of the contract between us.
4.4.2. Delivery Only: If you choose the Delivery Only option we will put your fireplace into production following receipt of your order based on the information you have provided online. We will not undertake a site survey before we start to manufacture your fireplace or be responsible for installation. If you choose this option, you agree that you are solely responsible for ensuring that all information you have given us is accurate and correct and that the fireplace you have chosen (including any appliance) is suitable for installation at your site. You are also solely responsible for arranging for the proper installation of the fireplace we deliver to you. Further details of the Delivery Only option, including our obligations and what we require from you, is available at [INSERT LINK] and forms part of the contract between us.
4.4.3. Making sure your measurements are accurate. Since we make our fireplaces to measurements you have given us when you placed your order, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us. If you choose the Delivery and Install option our surveyors will check the details you have provided as part of the site survey. However, if choose the Delivery only option we will not check the details and measurements you have provided and your will be solely responsible for their accuracy. We will not be responsible for any costs or wasted expenditure which results from any inaccurate information or measurements you have provided.
5. Your rights to make changes
5.1. When you can make changes to your order: Once you have submitted your order, changes to any fireplace you have ordered can only be made in limited circumstances, as follows:
5.1.1. Delivery and Install: If you choose the Delivery and Install option, it is possible to make changes which are necessary as a consequence of the findings of the site survey we undertake before putting your fireplace into production, or which are requested prior to, or when the survey takes place. However, once you have confirmed the details of your final order following the site survey, your fireplace will be put into production and it will not thereafter be possible to change your order.
5.1.2. Delivery Only: If you choose the Delivery Only option, your fireplace will be put into production after your order has been submitted and you will not be able to change your order once production has commenced.
5.2. How to request changes to your order: If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1. Minor changes to the products: We may make small changes to the Product you have ordered:
6.1.1. to reflect any findings we make during a site survey (where you have chosen the Delivery and Install option). For example we may make small adjustments to the dimensions given in your original order.
6.1.2. to reflect changes in relevant laws and regulatory requirements; and
6.1.3. to implement minor technical adjustments and improvements to any Product.
6.2. More significant changes to the Products: In addition, we may need to make more significant changes to the Product you have ordered as a result of a site survey (where you have chosen the Delivery and Install option). However, if we need to do this we will notify you and you and you will then be asked to confirm whether you wish to proceed with the amended Product order.
7. Carrying out your site survey
7.1. When this section applies: This Section 7 only applies if you have chosen the Delivery and Install option when ordering your fireplace. In these circumstances we will carry out a survey of the site where the fireplace will be installed, before starting to manufacture your fireplace.
7.2. Booking your survey date: Once you have completed your design and confirmed details of your order, you will be asked to select a survey date, you will then be asked to complete and submit your order. We will do our best to accommodate your preferred survey appointment date. However, survey appointment dates are subject to availability in our diary system. In addition, we sometimes need to change survey appointment dates due the non-availability of surveyors or factors beyond our control. If, for any reason, we need to change your survey date after you have placed your order, we will contact you to agree a new survey date.
7.3. Confirming or changing your survey appointment: We will contact you two (2) days before your survey appointment to let you know when the surveyor will arrive and to confirm that you are ready for the survey. If you need to change the date of your survey appointment please notify us as soon as possible and at least one (1) day before your survey appointment date.
7.4. The Survey: We will require your help and cooperation in order to complete the survey. Details of how the survey will carried out and what we require you to do so prepare for and assist with the survey are set out at [INSERT LINK] and form part of the contract between us. You agree to comply with the requirements of you which are set out there.
7.5. Cancelling your survey and contract: If you have placed a Delivery and Install Order you can cancel your contract with us at any point up until you have confirmed that you want your order to proceed to production, in accordance with section 10 below. If you cancel your contract with us before you have confirmed your survey appointment date in accordance with section 7.3, your survey will also be cancelled and you will not be charged our costs for undertaking the survey and you will receive a refund of any deposit paid. However, if you cancel your contract after you have confirmed your survey appointment date, or after we have undertaken the survey, or attempted to do so, we will retain the deposit paid by you on placing your Delivery and Install order as the deposit taken reflects our reasonable costs incurred in preparing for and undertaking the survey (or attempting to do so).
7.6. After the Survey: Following the survey you will be sent an updated copy of your order which will incorporate any changes which were required as a consequence of the survey findings or which were requested before or during the survey. You must check the details carefully to ensure they are correct. If you wish to proceed with your order and for your fireplace to be put into production, you will be required to confirm your order and make payment of the balance of the price for the Product your have ordered. Once you have confirmed your order, we will proceed to manufacture your fireplace and you may not then make any further changes to your order or cancel your order.
8. Delivering (and installation) your fireplace
8.1. Delivery (and installation) costs. If you choose the Delivery and Install Option we will both deliver and install your fireplace and so the costs of delivery and installation will be included in the total price given to you when you place your order. If you choose the Delivery Only option then we will deliver you fireplace to you, but you will be responsible for installation and so for Delivery Only orders the costs of delivery (but not installation) will be included in the total price given to you when you place your order.
8.2. When we will deliver your fireplace:
8.2.1. If you have chosen the Delivery and Install Option: If you have chosen the Delivery and Install Option, we will contact you after your survey has been completed to agree delivery and installation date;
8.2.2. If you have chosen the Delivery Only Option: If you have chosen the Delivery only Option, once you have completed your design and confirmed details of your order, you will be asked to select a delivery date. You will then be asked to complete and submit your order.
In all cases, we will do our best to accommodate your preferred delivery and (if applicable) installation date. However, delivery and (if applicable) installation dates are subject to availability in our diary system. In addition, we sometimes need to change delivery and installation dates due the non-availability of personnel or factors beyond our control. If, for any reason, we need to change your delivery and/ or installation date we will contact you to agree a new date. Provided we do this we will not be liable for delays to delivery and/ or installation caused by events beyond our reasonable control.
8.3.Your responsibilities in relation to delivery and installation: You must ensure that somebody is available to take delivery of and (if applicable) install your fireplace at your premises on any agreed date and that we are able to access your premises to complete delivery and (if applicable) installation. For Delivery and Install orders you must also ensure that we are able to access your premises and that the premises are prepared for installation of your fireplace. Further details of your obligations and responsibilities with respect to delivery and installation are set out at [INSERT DETAILS] and will form part of the contract between us.
8.4. If we are not able to deliver your fireplace: If no one is available at your address to take delivery of your fireplace, we will notify you informing you of how to rearrange delivery and (if applicable) installation. If you do not rearrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery and (if applicable) installation costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 13 will apply.
8.5. If we are unable to install your fireplace: If you have chosen the Delivery and Install option and we are able to deliver your fireplace, but we are unable to install it due to some failing on your part, we may charge you additional costs incurred by us as a result.
8.6. When you become responsible for your fireplace. Your fireplace will be your responsibility from the time we deliver the product to the address you gave us when you placed your order. However, if you have chosen the Delivery and Install option, we will take responsibility for any damage or loss of your fireplace which is caused by the acts or omissions of our installation staff during the installation process.
8.7. When you own your fireplace. You own your fireplace once we have received payment in full for the Product.
8.8. Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:
8.8.1. deal with technical problems or make minor technical changes;
8.8.2. update the product to reflect changes in relevant laws and regulatory requirements;
8.8.3. make changes to the product as requested by you or notified by us to you (see clause 5).
8.9. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one (1) month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8.10. We may also suspend supply of the products if you do not pay. If you do not pay us for the Products when you are supposed to (see clause 14.3) and you still do not make payment within fourteen (14) days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products.
9. Your rights to end your Contract with us
9.1. When you can end your contract with us. Your rights to end your contract with us will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
9.1.1. If you have just changed your mind about the Product, you may be able to cancel your contact and get a refund of some or all of any money you have paid to us in certain limited circumstances. See clause 10 for further details of these rights;
9.1.2. If the Products you have bought are faulty or mis-described, you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back). See clause 11 for further details of these rights;
9.1.3. In all other cases, (if we are not at fault and there is no right to change your mind), you will not have the right to end your contract with us unless we agree to this.
10. Your rights to change your mind
10.1. Your right to change your mind under the Consumer Contracts Regulations 2013: Since the Products we sell via this Website are bespoke fireplaces which are made to your particular specifications and requirements, these Products are exempt from the general right which consumers have to cancel contracts under the Consumer Contracts Regulations 2013, by virtue of Regulation 28(1)(b). However, we will permit you to cancel your order and terminate your contract with us, in certain limited circumstances as follows:
10.1.1. Delivery Only orders: If you choose the Delivery Only option when you order a fireplace from us, once we have accepted your order, you fireplace will be put into production and you will not then be able to cancel (or change) your order or end your contract with us.
10.1.2. Delivery and Install orders: Where you have selected the Delivery and Install option, we will permit to cancel your order and your contract with us at any time up until the point when you confirm to us (following your site survey) that you wish to proceed with your order and for your fireplace to be put into production. However, once your survey has been completed and you ask us to proceed with your order, we will start to manufacture your fireplace, you will no longer have the right to cancel (or change) your order or terminate your contract with us.
10.2. How to end your contract with us if you have changed your mind: If you have placed a Delivery and Install order and you want to end your contract with us as permitted above, you must let us know as soon as possible by doing the following:
10.2.1. Phone or email. Call customer services on 01430 862814 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
10.2.2. By post. Simply write to us at the address given in Section 2.2 above, including details of what your order and your name and address and the fact that you want to cancel your order.
10.3. Will I receive a refund if I cancel a Delivery and Install order as permitted above? If you have not yet confirmed your survey appointment in accordance with paragraph 7.3 above, we will refund to you any part of the price you have paid for your product in advance. However, if you have confirmed you survery appointment in accordance with paragraph 7.3, or if we have already carried out a survey for you (or attempted to do so) we will retain the deposit you retained on placing your order, as this is calculated to reflect our reasonable costs for preparing for and carrying out the survey (or attempting to do so).
11. You rights if there is a problem with the Product
11.1. Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Products we sell. Nothing in these terms will affect your legal rights.
Summary of legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to have your products repaired or replaced or (in certain circumstances) to receive a refund or some money back, if the product is faulty. This includes faults arising from installation, where we have been responsible for installation.
11.2. How to tell us about problems. If you have any questions or complaints about the Product you have purchased, please contact us. You can telephone our customer service team at 01430 862814 or write to us at: J. Rotherham Fireplaces, Holme Industrial Estate, Skiff Lane, Holme-on-Spalding-Moor, East Yorkshire, YO43 4BB.
12. Your obligation to return rejected products.
If you wish to exercise your legal rights to reject products, we may require you to return the Product to us or to allow us to collect it. We will discuss this with you when you notify us of a problem.
13. Our rights to end the contract
13.1. We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:
13.1.1. you do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;
13.1.2. you have placed a Delivery and Install order and you do not, within a reasonable time, allow us to access your premises to carry out a survey and/ or to install your Product; or
13.1.3. you have placed a Delivery Only or Delivery and Install order and you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
13.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you a reasonable amount to cover the following:
13.2.1. any costs we have already incurred in carrying out a survey before the contract is bought to an end; and/ or
13.2.2. any costs we have incurred in attempting to visit your premises to carry out a survey or to deliver or install the goods, where we are unable to carry out the survey or to deliver or install goods;
13.2.3. any costs we incur in storing Products where we have been unable to deliver them to you; and/ or
13.2.4. the cost or wasted labour and materials if the contract is ended after we have commenced production of your fireplace; and/ or
13.2.5. any other costs we have incurred (or will incur) as a result of your breaking the contract.
13.3. We may end the contract following a site survey: We may cancel our contract with you if you have placed a Delivery and Install order and our surveyor concludes after carrying our a site survey, that we are unable to supply a suitable product for installation at your premises, which meets your requirements. If we end the contract in this situation, we will refund any part of the price you have paid in advance, although we will retain the deposit you paid on placing your order as this is calculated to reflect our reasonable costs incurred in preparing for and carrying out the survey.
14. Price and payment
14.1. Where to find the price for the product. The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.2 for what happens if we discover an error in the price of the product you order.
14.2. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
14.3. When you must pay and how you must pay. We accept payment with all major debit and credit cards. When you must pay depends on what product you are buying:
14.3.1. For Delivery Only orders: We will take payment for the full price of the Product you have ordered when you submit your order to us.
14.3.2. For Delivery and Install orders: We will take a deposit from you when you place your order which is calculated to reflect our reasonable costs in undertaking the site survey. After we have completed the survey you will then be sent further confirmation of your order (including any modifications of o the order arising from the survey) and asked whether you wish to proceed with the order. If you do wish to proceed with the order you will be asked to confirm this and to pay the balance of the price for your Product before we commence production.
15. Our responsibility for loss or damage suffered by you
15.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability: (i) for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (ii) for fraud or fraudulent misrepresentation; (iii) for breach of your legal rights in relation to the Products including the right to receive Products which are: a) as described and match information we provided to you and any sample or model seen or examined by you; b) of satisfactory quality; c) fit for any particular purpose made known to us; d) supplied with reasonable skill and care and, where installed by us, correctly installed; and e) for defective products under the Consumer Protection Act 1987.
15.3. When we are liable for damage to your property. If we are responsible for providing services (such as surveys and installation) in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing these services.
15.4. We are not liable for business losses. We only supply the products via this website for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16. How we may use your personal information
16.1. How we will use your personal information. We will use the personal information you provide to us:
16.1.1. to supply the Products to you;
16.1.2. to process your payment for the Products; and
16.1.3. if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
16.2. We will only give your personal information to third parties where the law either requires or allows us to do so.
17. Other important terms
17.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
17.3. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if we give any guarantee in relation to any Product you have purchased, you may transfer our guarantee to a person who has acquired the Product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
17.4. Nobody else has any rights under this contract (except someone you pass a guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 17.2 in respect of any guarantee we give in relation to a Product. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
17.5. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.6. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
17.7. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
17.8. Updates to these terms and conditions. We may update these terms and conditions from time to time. The terms and conditions which will apply to your contract with us will be the terms and conditions which were in force at the time that your placed your order with us. Please check these terms and conditions each time you place an order with us. These terms and conditions were last updated on 20 September 2017.