Terms of service
Definitions
-
"We" or "us" refers to Cherrywood Stoves LTD (trading as cherrywoodstoves.com) of 30 Hornbeam, Burwash, Etchingham, East Sussex, TN19 7BT.
-
"You" refers to the person who buys or agrees to buy goods from us.
1. The Contract Between Us
Your order ("Order") is only accepted when we receive full payment for the goods in cleared funds. Once payment is received, we will email you to confirm acceptance, forming a legally binding contract ("Contract").
2. Price
The price for the goods in your Order is as displayed on our website. Delivery costs are extra and may vary depending on location. Our delivery charges are available on our website. Delivery to some locations may not be possible.
3. Description of Goods
We may make non-material specification changes to the goods to comply with legal requirements. Website photographs are for illustration only and may not exactly match the actual goods. Our goods are intended for use within the United Kingdom. Contact us to discuss suitability for use outside the UK.
4. Right for You to Cancel Your Contract
This cancellation right does not apply to goods made to your specific requirements.
You can cancel your Contract for standard goods within fourteen working days after the day you receive them. No reason or penalty is required.
To cancel, you must notify us in writing, by email, or phone. We recommend email or letter for a record of cancellation.
If you receive the goods before cancelling, and clause 4 doesn't apply, you must return them without undue delay and within 14 days of notifying us of cancellation. If we've already processed your order for delivery when you cancel, do not unpack the goods and either request collection or arrange return.
Upon cancellation, any sum debited will be credited back to your account as soon as possible and within 14 days of the goods being returned to us, provided they are returned as new, in original packaging, and in the condition received. If not returned in "as new" condition, we may reduce the refund for repair costs. If you don't return the goods or pay for return delivery, we may deduct our direct recovery costs from your refund.
If you cancel after goods have shipped, we may refund less any incurred carriage costs.
5. Cancellation by Us
We may cancel the Contract if:
-
We have insufficient stock.
-
We do not deliver to your area.
-
The price of the ordered goods was incorrect due to a typographical or supplier error.
If we cancel, we will notify you by email and refund any sum deducted from your account within 30 days of your order. We will not offer additional compensation for disappointment.
6. Delivery of Goods to You
We will deliver the goods to the address you provide during your Order, unless otherwise agreed in writing. We do not deliver outside mainland UK (including Isle of Wight, Isle of Man, Channel Islands, Isle of Skye, etc.).
We will inform you of the estimated delivery date, which is approximate only. If using a third-party installer, do not schedule installation until you receive the goods.
Ownership of the goods transfers to you upon delivery. Once delivered, the goods are at your risk, and we are not liable for loss or damage.
Goods damaged in transit must be noted on the delivery note at the time of delivery, documented, and delivery refused. It is your responsibility to check for damage with the driver and notify us within a reasonable time. We will not accept claims for transit damage on goods signed for as being in good condition.
A signature is required upon delivery. We are not obligated to verify the identity or authority of the person signing.
If a delivery date is agreed with you and our carrier, you are responsible for being present. If you are not there, we reserve the right to charge a minimum of £40 for the failed delivery.
For palletised deliveries, goods will be delivered as close as possible to the front door. If this is unreachable due to narrow streets, stairs (flats), or other obstructions, delivery will be made as near to your property as possible.
For palletised deliveries, the driver is not insured to take goods inside your property. Delivery will be to the location stated, and at least two able-bodied persons are strongly recommended to be available to receive and carry the goods inside.
7. Liability
If the delivered goods are incorrect, defective, or of incorrect quantity, we are not liable unless you notify us in writing at our contact address within 7 working days of delivery.
If you do not receive your order within 60 days of the order date, we are not liable unless you notify us in writing at our contact address within 30 days of the due delivery date.
If you notify us of a problem, our obligation will be, at your option:
-
To rectify any shortage or non-delivery.
-
To replace or repair damaged or defective goods.
-
To refund the amount paid for the goods in question.
For defective returned goods, we will examine them and notify you of your refund via email within a reasonable time. Refunds will usually be processed as soon as possible and within 30 days of confirming your entitlement to a refund. For defective goods not caused by you, your employees, or agents, a full refund will be issued, including delivery charges to you and your return costs.
To the extent permitted by law, we will not be liable for any indirect or consequential loss, damage, or expenses (including loss of profits, business, or goodwill) arising from any problem you notify to us or where delivery does not occur on the estimated date. Our liability is limited to refunding the amount you paid for the goods in question under the above clause.
You must comply with all applicable regulations and legislation, including obtaining necessary customs, import, or other permits to purchase goods from our site. The import or export of some goods may be prohibited by national laws. We make no representation and accept no liability regarding the export or import of purchased goods.
Nothing in these terms and conditions limits any consumer rights under applicable local law or other statutory rights that cannot be excluded, nor excludes or limits our liability for death or personal injury resulting from our negligence.
8. Notices
Unless expressly stated otherwise, all notices from you to us must be in writing and sent to our contact address: cherrywoodstoves.com, 30 Hornbeam, Burwash, Etchingham, East Sussex, TN19 7BT. All notices from us to you will be displayed on our website from time to time.
9. Events Beyond Our Control
We are not liable for any failure to deliver, delay in delivery, or damage/defect to delivered goods caused by events outside our reasonable control, including strikes, lockouts, industrial disputes, system or network breakdown, flood, fire, explosion, or accident.
10. Invalidity
If any part of these terms and conditions is unenforceable, the enforceability of the remaining parts will not be affected.
11. Privacy
You acknowledge and agree to be bound by our privacy policy.
12. Third Party Rights
Except for our affiliates, directors, employees, or representatives, a person who is not party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term, but this does not affect any other rights or remedies available to third parties.
13. Governing Law
The Contract between us is governed by and interpreted according to English law, and the English courts have jurisdiction to resolve any disputes.
14. Entire Agreement
These terms and conditions, along with our current website prices, delivery details, contact details, and privacy policy, constitute the entire agreement regarding the supply of goods to you. No statement by any salesperson should be considered a variation of these terms or an authorised representation about the nature or quality of our goods. Except for fraud or fraudulent misrepresentation, we are not liable for any untrue or misleading representations.
15. Once Your Stove Is Delivered
We strongly recommend having your stove installed by a registered HETAS installer. While not a legal requirement, some manufacturers may void warranties if installation doesn't comply with their conditions.