terms and conditionsTerms and Conditions
All good sold by Bains Fireplaces (MB Manufacturing Ltd) are subject to the terms and conditions stated below.
The acceptance of orders means acceptance of the conditions set out below.
A binding contract is only formed upon our acceptance of your order.
After acceptance the buyer shall not be entitled to reject Products which are not in accordance with the contract.
To order good you must be at least 18 years of age.
1)Order Processing
Once you have placed your order online you will receive an order confirmation to the email address provided. VAT invoices can be requested from alison.shale@bainsfireplaces.co.uk
2)Delivery, Collections & Installations 2.1 We aim to deliver all customer orders with 3-10 working days of receiving your order.
2.2 Deliveries are to within mainland England and Wales. If you require delivery anywhere else please email kath@bainsfireplaces.co.uk for quotes and terms.
2.3 Deliveries are between Monday - Friday and will be an all-day appointment, however a ETA can be available 24 hours before.
2.4 Delivery will be our ownDelivery Team or a Parcel delivery company.
2.5 In all cases your delivery will need to be physically signed for otherwise the delivery will be aborted and a minimum charge of £100 will be incurred for re-delivery.
2.6 Please open and inspect goods in the presence of the delivery driver, as we will accept no responsibility for damage or missing goods after the driver has left. Once goods are signed for, they are deemed the responsibility of the customer, therefore checking the goods on arrival is vital.
2.8 We can only deliver to the cardholder address linked to the payment card used for purchase whether debit or credit card. Where the payment is made by BACS and cleared funds are received, we can offer an alternative delivery address.
2.9 We use our own delivery team as much as possible. We deliver your purchase to the front of your property outside and will not enter your property. Please note that if there are any stairs that will hinder the delivery, this may mean that the purchase will be delivered as a kerb side drop. Please note our driver will attempt delivery to the best of their ability, however on some occasions with large heavy items the buyer may need to help the driver to complete the delivery. While the driver is still onsite, please check the packaging for any substantial damage (large holes, badly crumpled packaging etc.) If there are any, please, before the driver leaves, contact us as your purchase might need to be refused and returned to ourselves.
2.10 We use a Parcel delivery company for some items which is an all-day delivery service. The delivery is a kerb side drop delivery.
2.11 All delivery dates are quoted in good faith and are correct at the time, however these dates are approximate and subject to change. Under no account will Bains Fireplaces (MB Manufacturing Ltd) accept responsibility for late deliveries. Nor will late deliveries constitute good reason for cancellation.
2.12 For customers who are able to visit our showroom in Bristol or Coventry we offer a collection service between Monday - Thursday 10am-4pm and Fridays and Saturdays for small items by appointment only. We require 48hrs notice in advance of your arrival. When collecting please bear in mind the size and weight of your order compared to that of your vehicle and ensure you will have adequate space to safely transport the product. Our warehouse team will be able to help you load your vehicle Monday - Thursday but cannot be help responsible for any damage or breakages to your purchase of transport whilst assisting you in this process.
2.13 Showroom only or Clearance items on the website can be collected from our showroom in Bristol or Coventry. We require 48hrs notice of your intended collection date and time. Delivery options can be priced on request, however Bains Fireplaces (MB Manufacturing Ltd) can not be held responsible for any damaged caused on this models during transport.
2.14 Bains Fireplaces (MB Manufacturing Ltd) strongly recommends that all flues/chimneys be swept prior to installation. Bains Fireplaces (MB Manufacturing Ltd) cannot be held responsible for faulty flues, chimneystacks or pots prior to or after installation. Existing flues/chimneys form part of the customers property. In the event that the fire fails to operate correctly due to any deficiency in the flue/chimney Bains Fireplaces (MB Manufacturing Ltd) subcontractor may accept to rectify the problem at the customers expense.
2.15 Prior to installation customers should ensure that the room is cleared or covered this included ornaments, furniture, Hi Fi equipment and TVs, as no responsibility will be accepted for any damage. No debris will be removed from the installation unless previously arranged , however the fitters will tidy up as much as possible.
2.16 Bains Fireplaces (MB Manufacturing Ltd) can not be held responsible for any damage that may occur to the customers existing fireplace, decor, plaster or skirting board around the installation. Bains Fireplaces (MB Manufacturing Ltd) will not re-fit skirting boards, coving, carpets, re-plaster or install any electrics as these are specialised skills.
2.17 Any unaccounted work required on the day of fitting (necessary) to the installation of the purchase will be charge to the customer by Bains Fireplaces (MB Manufacturing Ltd) on that day. Prices are inclusive of VAT unless shown as a addition to the total. Bains Fireplaces (MB Manufacturing Ltd) does not accept any responsibility for / or guarantee any fire disconnected or connected by us that has not been supplied by Bains Fireplaces (MB Manufacturing Ltd).
2.18 Bains Fireplaces (MB Manufacturing Ltd) can provide a fitting service for all items, however any Gas appliances or Wood/Multifuel (solid fuel) appliances are fitted by subcontractors. Gas Safe requires its members to work to recognised standards. Therefore, in the interest of safety DO NOT ALLOW ANY NON-REGISTERED PERSON TO INSTALL THE APPLIANCE. All Solid Fuel appliances must be fitted by a HETAS approved engineer, failure to do so will invalidate any warranty claims.
2.19 Please note after installation it is the customers responsibility to register any appliance with the manufacturer, all details will be in the manual. Bains Fireplaces (MB Manufacturing Ltd) are not responsible for these items. All Gas and Solid Fuel appliances should be serviced every 12 months for warranties to stand.
3)Pricing 3.1 Prices are correct at time of publication.
3.2 All prices stated are fully inclusive of VAT at the current rate. Prices are in British Pounds Sterling.
3.3 Bains Fireplaces (MB Manufacturing Ltd) reserves the right to change any advertised prices at any time.
4)Accuracy of Information
4.1 The information, description, dimensions etc of all products is provided by such manufacturers, and inasmuch as we endeavour to keep the information correct, we cannot take responsibility for typographical errors that may occur. If you require verification of any information, it is advised that you ring the help line to clarify.
5)Returns/Refunds & Cancellations under Distance Selling Rules Under the Distance Selling Regulations you have a right to cancel your order for an item purchased on our website or through the telephone ordering system at any time before the goods are dispatched or within 14 days of receiving your goods with the exception of items or situations detailed in point 5.1 - 5.3 below.
Cancellations within this period qualify for a full refund, excluding cost of return carriage if applicable and a reasonable reduction to reflect the reduced value of goods.
A return will be considered providing you have taken reasonable care of the goods whilst they are in your possession. This does not affect your statutory rights as a consumer.
5.1 We are unable to issue a refund or accept a return if the product has been fitted or attempted to be fitted.
5.2 “custom order” or “made to order” products, accessories and frames are non-returnable under distance selling rules or any circumstances.
5.3 All ex-display models or clearance models are strictly non-returnable and non-refundable.
5.4 The return of any products whereby the box is damaged or the original packaging is not complete ill attract a re-packaging charge of £150. 5.5 Bains Fireplaces (MB Manufacturing Ltd) reserves the right of discretion, to accept or refuse the return of any goods supplied and to require restocking charge.
5.6 In the first instance you should email kath@bainsfireplaces.co.uk detailing the circumstances of your request for a refund and/or return of your purchased products. A member of our team will usually respond to you within two workings days to discuss your request.
5.7 If your request is approved then you should return any items using your own courier in the same manner as the goods were delivered. It is the Customers responsibility to ensure that all goods returned are properly packaged in original condition. Damaged packaging or incomplete goods will not be accepted for credit unless a prior agreement was made with Bains Fireplaces (MB Manufacturing Ltd). If upon receipt and examination of returned goods, Bains Fireplaces (MB Manufacturing Ltd) finds there is a discrepancy in the Customer’s stated reason for returning the goods, Bains Fireplaces (MB Manufacturing Ltd) reserves the right to charge in full for the goods in question.
5.8 Customers are advised to take out Insurance to cover the full value of your products whilst in transit as we cannot accept any responsibility for goods returned to us with transit damage.
5.9 As soon as the goods are received within our Warehouse they will be inspected. If a refund is approved, we will refund your payment within 30 days of goods being returned to us.
5.10 We cannot guarantee to replace or repair items which have been signed for in good condition or ‘unchecked’ and are later found to be damaged. This does not affect your statutory rights.
5.11 Bains Fireplaces (MB Manufacturing Ltd) will not accept any liability for any Products that have been repaired before we have been given the opportunity to inspect them or to give authority for repair work to be carried out r in cases where non-company components have been used.
5.12 If goods have been delivered in a damaged state and we feel the situation cannot be improved by authorising another delivery, we reserve the gift to refund you in full for your order and cancel the order.
6)Returns/Refunds & Cancellations outside of Distance Selling Rules
6.1 A return will be considered providing you have taken reasonable care of the goods whilst they are in your possession. This does not affect your statutory rights as a customer.
6.2 Eligible products that have already been delivered must be returned within 14 days in original packaging and undamaged.
6.3 All goods whether delivered or been held in our warehouse will be subject to a 40% re-stocking charge.
6.5 “Custom order” or “made to order” products, accessories and frames are non-returnable.
6.6 Bains Fireplaces (MB Manufacturing Ltd) reserves the right of discretion, to accept or refuse the return of any goods supplied and to require a restocking charge.
6.7 In the first instance you should email kath@bainsfireplaces.co.uk detailing the circumstances of your request for a refund and/or return of your purchased products. A member of our team will usually respond to you within two days to discuss your request.
6.8 If your request is approved then you should return any items using your own courier in the same manner as the goods were delivered. It is the Customers responsibility to ensure that all goods returned are properly packaged in original condition. Damaged packaging or incomplete goods will not be accepted for credit unless a prior agreement was made with Bains Fireplaces (MB Manufacturing Ltd). If upon receipt and examination of returned goods, Bains Fireplaces (MB Manufacturing Ltd) finds these is a discrepancy in the Customer stated reason for returning the goods, Bains Fireplaces (MB Manufacturing Ltd) reserves the right to charge in fuller the goods in question.
6.9 You are advised to take out Insurance to cover the full value of your products whilst in transit as we cannot accept any responsibility for goods returned to us with transit damage.
6.10 As soon as the goods are received within our Warehouse they will be inspected. If a refund is approved, we will refund your payment within 30 days.
7)Costs Incurred by you
13.1 We are not liable for any costs incurred by you or any loss of earnings.
13.2 We always recommend if you are not using our fitting service that you do not book an installer until you are in receipt of the goods and you have checked the goods are accurate to your order placed. For example, if a delivery is delayed in any way and you have to rebook an installer then we are not liable for any extra charges that the installer may charge you. We are also not liable for any loss of earnings as a result of you taking time off work to accept a delivery even if it is late or delayed.
8)Images 8.1 All sizes and measurements are approximate, but we do try to make sure that they are as accurate as possible.
8.2 On the rare occasion that there is an error, we will advice you about it as soon as possible.
8.3 Pictures are for illustrative purpose only and may not exactly match the product itself.
8.4 Bains Fireplaces (MB Manufacturing Ltd) shall not be liable for any natural product that has a variation in colour, size, quality, thickness, shape, substance or performance of goods sold by reference to description and/or sample.
8.5 Sometimes our products specifications may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price.
9)Supply of Goods 9.1 The Buyer is solely responsible for ensuring that the Products are suitable and fit for the purpose.
9.2 Bains Fireplaces (MB Manufacturing Ltd) reserves the right to refuse the supply of goods at its discretion.
10)Payment 10.1 All orders must paid for in full at the time they are placed.
10.2 Bains Fireplaces (MB Manufacturing Ltd) on-line payment with most major credit and debit cards, including Visa, Mastercard, Delta and Maestro. No charge is made to a customer for credit card payments. We do not currently accept American Express. We also offer Klarna finance options.
11)Availability 11.1 All goods are offered subject to availability. Where goods are found to be unavailable or discontinued, Bains Fireplaces (MB Manufacturing Ltd) will offer a similar substitute if available, subject to your agreement.
11.2 Bains Fireplaces (MB Manufacturing Ltd) may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to Bains Fireplaces (MB Manufacturing Ltd).
11.3 If a suitable substitute is not available, the transaction for that item will be void and payment will be returned.
11.4 In the event of any product being unavailable, Bains Fireplaces (MB Manufacturing Ltd) shall be relieved of any liability in connection with all such contacts or orders. In no case shall the company be bound to obtain or deliver Products from any other sources than those contemplated in the order.
11.5 Bains Fireplaces (MB Manufacturing Ltd) will not be held responsible for any costs incurred due to items being delayed or unavailable.
12)Force Majeure
12.1 Neither party shall be liable for any default due to any act of Godward, strikes, lock outs, accidents, fire, breakdown of plant, machinery or shortage or unavailability of raw materials from a natural source of supply.
12.2 Bains Fireplaces (MB Manufacturing Ltd) shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in manufacturing, obtaining or delivering the products by normal routes or means of delivery through circumstances beyond its control.
13)Privacy and Security All personal details that you give us are securely stored. All credit and debit card details are encrypted and sent over a secure server. They are not held in clear text on any website.
14)Links Bains Fireplaces (MB Manufacturing Ltd) do not accept any liability for any website not under our control, which may act as a portal to our site or be connected by a link with our site or that we connect by a link to.
All credit and debit card details are encrypted and sent over a secure server. They are not held n clear text on any website.
15)After Sales Care
Our products under normal circumstances should give many years of service, if cared for and maintained in accordance with the manufacturers instructions. If in doubt as to how a product should be cared for, please refer to the manufacturers care line or website for further guidance. Inappropriate use of cleaning materials or accidental damage will not be covered by the manufacturers guarantee.
16)Data Protection Bains Fireplaces (MB Manufacturing Ltd) reserve the right to keep all Customer details on file until such a time as the Company deems it suitable to destroy them. Bains Fireplaces (MB Manufacturing Ltd) will take all reasonable precautions to ensure all such information remains confidential.
17)General These terms and conditions are subject to change at any time without prior notice to you. In addition to the above Bains Fireplaces (MB Manufacturing Ltd) retains title to all goods until payment is received in full. Goods that are unpaid for can be collected/removed from any location if deemed necessary. Bains Fireplaces (MB Manufacturing Ltd) retain the right to accept orders and payments if stocks have temporarily expired, fulfilling the order upon stock replenishment. If an item is out of stock the customer will be contacted as soon as possible to be notified of the delay time. Bains Fireplaces (MB Manufacturing Ltd) retain the right to cancel any order by notifying the customer by email without detailed disclosure. Bains Fireplaces (MB Manufacturing Ltd) can accept no responsibility for subsequent theft of any product once delivered to an agreed location, please make necessary arrangements to avoid the possibility.
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