Terms & Conditions

This page sets out the terms and conditions for purchases from Fires and Surrounds Limited, trading as www.firesandsurrounds.co.uk.

Terms for made to measure fire surrounds, and for fire surrounds made for solid fuel fires, are in points 20 and 21.

These terms and conditions apply to the purchase of any goods or products from www.firesandsurrounds.co.uk, online or by phone. Please read them carefully before placing your order. By placing an order, you agree to these terms. Nothing in these terms affects your statutory rights as a consumer, for example under the Consumer Rights Act 2015.

We may update these terms from time to time. The terms that apply to your order are the ones shown on this page when you placed it.

Definitions
Your order
Basis of sale
Price and payment
Description of products
Warranties and faulty goods
Delivery
Checking your products
Risk and ownership
Business customers
General
Headings and representations
Your right to cancel
Law and jurisdiction
Limitation of liability
Events outside our control
Data protection and copyright
Returns
Complaints and disputes
Made to measure fire surrounds
Surrounds for solid fuel fires and open fires

Standard conditions of sale

1. Definitions

1.1 "Buyer" or "you" means the person who buys or agrees to buy the Products from the Seller.
1.2 "Conditions" means these terms and conditions and any special terms agreed in writing by the Seller.
1.3 "Seller", "we" or "us" means Fires and Surrounds Ltd, trading as www.firesandsurrounds.co.uk.
1.4 "Delivery date" means the date the Seller confirms for delivery of the Products.
1.5 "Products" means the goods you order.
1.6 "Price" means the price of the Products including VAT, and any delivery charge shown at checkout.
1.7 "Regulations" means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
1.8 "Made to measure" or "tailored" means a Product made to your own sizes or requirements.
1.9 "Address" means our address: Fires and Surrounds Ltd, Lower Wyke Green, Bradford, BD12 9AD.
1.10 "Consumer" means an individual buying wholly or mainly outside their trade, business, craft or profession, as defined in the Consumer Rights Act 2015.
1.11 "Contract" means the contract between you and us for the sale of Products under these Conditions, whether made through this website or by other means.
1.12 "Delivery Place" means the delivery address you give in your Order.
1.13 "Order" means your offer to buy Products from us, online or by phone.

2. Your order

2.1 Unless otherwise agreed in writing, these Conditions apply to every Order.
2.2 Each Order is an offer by you to buy Products from us under these Conditions.
2.3 Your Order is accepted, and a binding Contract is formed, when we send you our order confirmation or, if earlier, when we deliver the Products.
2.4 If we can't accept your Order, we will tell you as soon as possible and will not take payment, or will refund it in full.
2.5 Please make sure the details you give us are complete and accurate, and that you give us any information we need, such as made to measure sizes, in good time.
2.6 If there is an obvious error in a price or description on our website or in a quote, we will contact you before your Order is accepted, and you can choose to go ahead at the correct price or cancel for a full refund.
2.7 If any part of these Conditions is found invalid or unenforceable, the rest of the Conditions still apply.
2.8 If we can't supply a Product you have paid for, we will tell you and refund the full amount you paid for it as soon as possible, and in any event within 14 days.

3. Basis of sale

3.1 Subject to your right to cancel in clause 13, we will sell and you will buy the Products described in our order confirmation.
3.2 Lamps, pictures, fires and other items that appear in photographs or illustrations are not included unless they are named in the product description. They are shown for illustration only.
3.3 You may not transfer the Contract to someone else without our written agreement. We may transfer our rights under the Contract to another business, and we will tell you if we do; this will not affect your rights.

4. Price and payment

4.1 The Price is as shown when you place your Order and in our order confirmation, and includes VAT. Once your Order is accepted, the Price will not change.
4.2 If we make an error in an order confirmation, invoice or receipt, we will correct it as soon as we are told about it.
4.3 Payment is due when you place your Order, and we deliver only once we have received payment in full.
4.4 You can pay using any of the payment methods shown at checkout, or as agreed with us for phone orders.
4.5 We may reduce prices or offer discounts at any time without notice. This does not affect Orders already accepted.

5. Description of products

5.1 The quantity and description of the Products will be set out in our order confirmation.
5.2 We may make minor changes to the specification of a Product where needed to meet legal requirements, or which don't materially affect its quality, appearance or performance.
5.3 We take care to show our products accurately, but screen colours and photographs may not exactly match the Product. We recommend ordering colour samples before choosing a finish.

6. Warranties and faulty goods

6.1 Under the Consumer Rights Act 2015, the Products must be as described, fit for purpose and of satisfactory quality. If they aren't, you have legal rights, including the right to reject faulty goods within 30 days of delivery for a full refund, and the right to a repair, replacement or refund after that. These rights are in addition to our warranty below.
6.2 In addition, we guarantee our wooden fire surrounds and mirrors against defects in materials and workmanship for 12 months from delivery, or 24 months if you register your surround with us within 30 days of delivery. Fires carry their manufacturer's warranty.
6.3 If you find a fault, please tell us as soon as reasonably possible, preferably in writing, and give us a reasonable opportunity to inspect the Product. If we need to examine it at our premises, we will arrange collection at our cost.
6.4 Our warranty does not cover faults caused by fair wear and tear, deliberate damage, negligence, misuse, alterations or repairs made without our agreement, failure to follow our instructions, or incorrect installation.
6.5 If a Product is faulty and covered, we will repair or replace it free of charge or, where the law or our warranty allows, refund all or part of the price, including any delivery charge you paid.
6.6 Our fire surrounds and hearth and back sets must be installed following the requirements of the relevant governing body and the fire manufacturer's instructions when used with a solid fuel, gas or electric fire. If a fault appears, we may ask for the installation to be checked by a HETAS engineer (for solid fuel fires) or a Gas Safe registered engineer (for gas fires), and for proof of the engineer's findings on official paper with a contact telephone number. If the fault turns out to be a manufacturing fault, we will replace the fire surround and, on receipt of a copy of the invoice, pay up to £40 towards the engineer's visit. Faults caused by incorrect installation are not covered by our warranty.
6.7 The 12-month or 24-month warranty does not cover replacement bulbs fitted into the fire surround.

7. Delivery

7.1 Delivery charges, times and areas are set out on our delivery information page and shown at checkout. We do not deliver outside mainland Great Britain, including the Isle of Wight, the Isle of Man, Northern Ireland, the Scottish islands, and the postcodes listed on our delivery information page.
7.2 We will deliver to the Delivery Place in your Order unless we agree otherwise in writing.
7.3 Delivery is complete when the Products are delivered to the Delivery Place. If someone else accepts delivery on your behalf at that address, the Products are treated as delivered.
7.4 We will confirm your delivery date within 48 hours of your Order and contact you the day before with a time slot. Unless we agree a different date with you, we will deliver within 30 days of your Order. If we are late because of something outside our control, see clause 16.
7.5 If we have agreed a delivery date with you and no one is at home to receive the delivery, we will re-deliver on our next available date, usually in about three weeks, and charge £50 to cover the cost of the failed delivery.
7.6 If a Product is unavailable or discontinued and we can't deliver it within 30 days, or any other time we agree with you, we will tell you, cancel that part of the Order and refund you in full within 14 days.
7.7 Whatever the reason for a return or exchange, we only collect from the original Delivery Place, or, for addresses outside our delivery area, from the courier or place we delivered to.
7.8 Where an Order includes items from different suppliers, or part of the Order is ready sooner, we may deliver items on different dates.

8. Checking your products

8.1 Please check your Products when they are delivered and tell our driver about any damage; the driver will wait while you do this. If you can't check them while the driver is there, please check them within 24 hours and tell us about any problem straight away. Reporting quickly helps us show when and how any damage happened, and to put things right sooner.
8.2 This does not affect your statutory rights for faulty goods described in clause 6.1.

9. Risk and ownership

9.1 The Products are your responsibility from the time they are delivered to you or to someone accepting delivery on your behalf.
9.2 Ownership of the Products passes to you when we have received payment in full.

10. Business customers

10.1 If you buy as a business rather than as a Consumer, clauses 10.2 to 10.4 also apply.
10.2 Payments must be made without any deduction, set-off or counterclaim.
10.3 If you enter into insolvency proceedings, or we reasonably believe you are about to, we may cancel the Contract or suspend deliveries without liability, and any unpaid sums for delivered Products become immediately due.
10.4 Our total liability to a business customer is limited to the price paid for the Products, and we are not liable for any loss of profit, loss of business or indirect or consequential loss.

11. General

11.1 Any notice under these Conditions must be in writing: to us at the Address or by email to contact@firesandsurrounds.co.uk, and to you at the address or email you gave us.
11.2 If we don't enforce any of our rights under the Contract straight away, we can still enforce them later.

12. Headings and representations

12.1 The headings in these Conditions are for reference only.
12.2 These Conditions, our order confirmation and anything we agree with you in writing form the whole Contract. This does not limit our liability for anything we have said that is untrue, or your statutory rights.

13. Your right to cancel

13.1 Under the Regulations, if you are a Consumer you can cancel your Order for any reason within 14 days of the day your Products are delivered, except for made to measure Products and other Products made to your own requirements (see clause 20).
13.2 To cancel, please tell us clearly, giving your order details. You can tell us by email, by post or by phone, although email or post is best so that you have a record.
13.3 Once you have cancelled, please return the Products to us, or let us collect them, within 14 days, unused and in the condition in which they were delivered. Please take reasonable care of them in the meantime. The ways to return Products, and the charges for each, are set out in clause 18 and on our warranty and returns page.
13.4 We will refund the price you paid for the Products, including the standard delivery charge if you paid one, within 14 days of receiving them back or of you providing evidence that you have sent them back, whichever is sooner. We refund using the same payment method you used.
13.5 You are responsible for the cost of returning the Products, as set out in clause 18. If the Products have been used, fitted or damaged beyond what is needed to examine them, we may reduce your refund to reflect their reduced value.

14. Law and jurisdiction

14.1 The Contract is governed by the law of England and Wales. If you are a Consumer, you may bring proceedings in the courts of England and Wales, or of the part of the United Kingdom where you live.

15. Limitation of liability

15.1 If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence. We are not responsible for loss or damage that is not foreseeable.
15.2 We supply Products for domestic and private use only. If you use them for business purposes, we are not liable for any loss of profit, loss of business, business interruption or loss of business opportunity.
15.3 Nothing in these Conditions excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of your statutory rights, or for anything else that cannot be limited by law.

16. Events outside our control

16.1 We are not liable for any delay in performing, or failure to perform, our obligations if this is caused by events outside our reasonable control, including fire, flood, explosion, epidemic, war, national emergency, riot, strikes or other labour disputes, failures or delays by carriers or suppliers, shortages of materials, or government action.
16.2 If this happens, we will tell you as soon as possible and do what we reasonably can to reduce the delay. If the delay is likely to be significant, or lasts more than 30 days, you can cancel the Contract by telling us, and we will refund in full any money paid for Products not yet delivered.

17. Data protection and copyright

17.1 We take all reasonable precautions to keep the details of your order and payment secure. Please see our privacy policy for how we use your information.
17.2 All images and text on this website, unless supplied to Fires and Surrounds by a third party, belong to Fires and Surrounds Ltd and may not be copied or used without our written permission.

18. Returns

If you cancel within the 14-day cancellation period in clause 13, please email us before returning anything. Products can be returned in one of these ways:

At the point of delivery: tell our driver you don't want the Products and they will take them straight back. We refund the full price less a return delivery charge of £25 to £100, depending on your location and the surround; we make no profit on this charge. This option isn't available for postcodes outside our delivery area or for non-mainland addresses.
We collect from you: we can collect from the original Delivery Place. The charge is from £50 to £150, depending on your location and the surround; we will tell you the cost first and take payment over the phone. Collection is usually within 14 days but can take up to 30 days.
You return the Products yourself: at your own cost, to the Address. Please return them insured, well packed and unused, ideally in their original packaging, and keep proof of postage, as you are responsible for the Products until they reach us. We don't recommend this method for fire surrounds, as they are large and easily damaged.

Faulty or wrongly supplied Products are dealt with under clause 6, and we collect them free of charge.

19. Complaints and disputes

19.1 If you have a complaint about our Products or service, please contact us:
19.1.1 by post, to the Address;
19.1.2 by email, to contact@firesandsurrounds.co.uk;
19.1.3 by phone, on 01422 250 723, Monday to Friday, 10am to 4pm.
19.2 We will try to respond in writing within 14 working days of receiving your complaint.

20. Made to measure fire surrounds

All these Conditions apply to made to measure Products, except the right to cancel. Fire surrounds, suites, mirrors and hearth and back sets made to your sizes or requirements are made specially for you, so under the Regulations they cannot be cancelled or returned if you change your mind, don't like the colour, or have made a mistake with your measurements. Your rights if a made to measure Product is faulty or not as described are not affected.

20.1 Made to measure surrounds are built and finished by hand, and we work to a 1% tolerance on the sizes you ask for. We will do everything we can to match your sizes accurately, but we can't accept back surrounds whose measurements are within this tolerance. We call every made to measure customer to confirm the sizes before we start.

20.2 Made to measure Products that are damaged on arrival, and pointed out to the delivery driver, will be replaced in line with these Conditions.

21. Surrounds for solid fuel fires and open fires

It is your responsibility to make sure your fire surround is installed in line with all HETAS or Gas Safe guidelines, and to follow the fire manufacturer's instructions on distances to combustible materials. We are not responsible for loss or damage caused by unsafe or incorrectly fitted fire surrounds. To claim under our warranty for a fire surround adapted for use with a solid fuel fire or HE gas fire, you will need a valid HETAS or Gas Safe certificate showing a safe and correct installation, and we may ask our own registered engineer to inspect the installation. We upgrade the veneer for use with solid fuel fires, but we do not make any wood product fireproof or fire resistant.

Fires and Surrounds Limited is a company registered in England and Wales, registration no. 06471220. VAT registration no. 970978857.