Terms and Conditions
‘You’ – Any individual, firm or company who purchases goods from The Company
‘The Company’ – Focus Stoves Limited (company number 03331415) whose registered off is situate at 2 Old Bath Road Newbury Berkshire RG14 1QL
Our main trading address is Station Approach Four Marks Alton Hampshire GU34 5HN
Our VAT number is 692649977
We operate the website www.focusstoves.co.uk
1 – Background
1.1 – These Terms and Conditions form part of any contract between ‘You’ and ‘The Company’ for the goods which are proposed and agreed
1.2 – You confirm that You have read and agree to be bound by these Terms and Conditions
1.3 – All contracts entered into with The Company are subject to these Terms and Conditions
1.4 – These Terms and Conditions shall override any contrary, different or additional Terms or Conditions (if any) contained in, or referred to in any other documents or correspondence from You, and no addition, alteration or substitution of these Terms and Conditions will bind The Company or form part of the contract with You. These Terms and Conditions shall apply no matter where You are located or wherever any place of business operated by You is situated
1.5 – The Company has the right to vary these Terms and Conditions at any time by giving written notice to You. Any such variation notified by The Company will take effect immediately
1.6 – To contact us telephone 01420 561010 or email email@example.com
1.7 – Definitions
‘Sum Due’ the amount due as set out in our invoice to you
‘Due Date’ 30 days from the end of the month in which the invoice to you was issued (approved accounts only)
2 – Basis of Contract
2.1 – You acknowledge that when entering into a contract with The Company that You have not relied upon any statement or representation made by The Company’s employees; agents; contractors or sub-contractors
2.2 – Any order constitutes an offer by You to purchase goods in accordance with these Terms and Conditions
2.3 – These Terms and Conditions apply to the contract to the exclusion of any other terms that You may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing
2.4 – Any samples, drawings, descriptive matter or advertising issued by The Company and any sales literature price lists and other documents issued by The Company in relation to the goods are subject to alteration without notice and do not constitute offers to sell the goods which illustrations or descriptions of the goods contained in The Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the goods described in them. They shall not form part of the contract or have any contractual force
3 – The Goods
3.1 – The Company reserves the right to make any changes in the specification of the goods which are required to conform with any applicable safety or other statutory regulatory requirements
3.2 – Title to the goods shall not pass to You until The Company receives payment in full (in cash or cleared funds) for the goods in respect of which payment has become due, in which case title to the goods shall pass at the time of payment
4 – Price
4.1 – The price of the goods shall be the price as set out in The Company’s quotation current at the date of acceptance or other price as may be agreed in writing
5 – Payment Terms
5.1 – Time is of the essence for payment. If payment or any part of payment of the Sum Due by You is delayed beyond its Due Date The Company shall, without limiting The Company’s other rights or remedies charge interest on any such outstanding sums at a rate of 8% per annum above the base lending rate of The Bank of England UK, from the Due Date until the date of receipt of actual payment
5.2 – The Company reserves the right to charge an administration fee for late payment of Sums Due
5.3 – You shall pay all amounts due under the contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Company may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by You against any amount payable by The Company to You
5.4 – The price of the goods does not include delivery charges. Our delivery charges are as advised to You or during the check-out process, before You place your order.
6 – Termination and Cancellation
6.1 – No order which has been accepted by The Company may be cancelled by You except with the agreement in writing of The Company on the terms that You shall indemnify The Company in full against all loss (including loss of profit) costs, damages, charges and expenses incurred by The Company as a result of such cancellation
6.2 – Without affecting any other right or remedy available to it, The Company may terminate the contract with immediate effect by giving written notice to You if You fail to pay any amount due under the contract on the Due Date for payment
6.3 – You shall return all of The Company materials and any deliverables or goods which have not been fully paid for. If You fail to do so, then The Company may enter your premises and take possession of them. Until they have been returned, You shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this contract
6.4 – Neither party shall be in breach of the contract nor liable for delay in performing or failure to perform, any of its obligations under the contract if such delay or failure result from events, circumstances or causes beyond its reasonable control
7 – Liability
7.1 – Except in the case of fraud, The Company shall have no responsibility or liability whatsoever for any loss of profit, business, revenues, or contracts or for any special, consequential or indirect loss incurred or suffered by You, arising directly or indirectly out of The Company’s contract with You
7.2 – Nothing in the contract limits any liability which cannot legally be limited
8 – Assignment and other dealings
8.1 – The Company may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the contract
8.2 – You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of Your rights and obligations under the contract
9 – Entire agreement
9.1 – The contract is the entire agreement between You and The Company in relation to its subject matter. You acknowledge that You have not relied on any statement, promise or representation or assurance or warranty that is not set out in the contract.
9.2 – You should print a copy of these Terms and Conditions or save them to your computer for future reference.
10 – Disputes
10.1 – Choice of Law and Jurisdiction You irrevocably submit to English Law and the exclusive jurisdiction of the English Courts in relation to the contract and any disputes or claims arising out of, or in connection with, its subject matter or formation (including non-contractual disputes or claims).
Online purchases only
11.1 – Placing your order. Please follow the onscreen prompts to place an order. Each order is an
offer by You to buy the goods specified in the order subject to these Terms and Conditions
11.2 – Correcting input errors. Our order process allows You to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by You is complete and accurate
11.3 – Acknowledging receipt of your order. After You place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted
11.4 – Accepting your order. Our acceptance of your order takes place when we send the email to you to
accept it, at which point the contract between You and us will come into existence
11.5 – If we cannot accept your order.
If we are unable to supply You with the goods for any reason, we will inform you of this by email and we will not process your order. If You have already paid for the goods, we will refund You the full amount including any delivery costs charged as soon as possible
11.6 – The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of
the colours accurately reflect the colour of the goods. The colour of your goods may vary slightly from those images.
11.7 – We reserve the right to amend the specification of the goods if required by any applicable statutory or regulatory requirement.
11.8 – You may cancel the contract and receive a refund, if You notify us within 14 days of your decision to cancel the Contract.
11.9 – To cancel the contract, You must notify us by email or in writing
11.10 – If goods have been delivered to You before you decide to cancel the contract then You must return them to us without undue delay; in original condition; with original packaging and in any event not
later than 14 days after the day on which you let us know that you wish to cancel the contract.
11.11 – You will be responsible for all delivery charges in connection with the contract. Delivery charges are not refundable