Terms of service
Welcome to the firehouse-uk.com website terms and conditions.
These terms and conditions apply to the use of this Website and to orders placed with us. By accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by them, you may not use or access this Website.
These terms and conditions also apply to our showroom sales. By placing an order you agree to be bound by them.
Before you place an order, if you have any questions about these terms and conditions, please contact our Customer Service team by email, or call us on 01539 766888, 9am to 5pm, Monday to Friday. Calls to Customer Services (inbound and outbound) may be recorded for quality monitoring and training purposes.
This website is owned and operated by:
Lakestone Heating Ltd.
Head Office: Kentmill, Beezon Fields
Kendal, LA9 6BD
Company Registration Number: 9747397
VAT Number: GB 258 8674 44
To contact us, email sales@firehouse-uk.com or call Customer Services on 01539 766888. We aim to respond within 1 working day.
All orders are subject to the terms and conditions below. Nothing in these conditions affects your statutory rights as a consumer.
- Definitions
- 1. Use of the website
- 2. General
- 3. Contract, pricing, availability and payment
- 4. Products
- 5. Installation and fitting
- 6. Warranty and acceptance
- 7. Title and risk
- 8. Insolvency
- 9. Indemnity
- 10. Liability
- 11. Force majeure
- 12. Notices
- 13. Third party rights
- 14. Law
Definitions
- "Buyer" or "You" – a person who buys or agrees to buy Products from the Seller, or a user of this Website.
- "Conditions" – the terms and conditions of contract set out in this document and any special terms and conditions agreed between us in writing.
- "Consumer" – an individual acting for purposes that are wholly or mainly outside their trade, business, craft or profession, as defined in the Consumer Rights Act 2015.
- "Contract" – the contract between the Seller and the Buyer for the sale of Products, which is subject to these Conditions.
- "Delivery date" – the date specified by the Seller when the Products are to be delivered.
- "Price" – the total price for the Products including carriage, packing, installation and VAT.
- "Product Description" – the part of the Website where certain terms and conditions for an individual Product are provided.
- "Products" – the goods specified, or a product displayed for sale, on the Website.
- "Seller", "we", "us" or "our" – Lakestone Heating Ltd.
- "Website" – firehouse-uk.com.
1. Use of the website
Access
You are provided with access to this Website in accordance with these Conditions. Any orders you place must be placed strictly in accordance with these Conditions.
Registration
You warrant that:
- the personal data you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
- you will notify us immediately of any changes to that personal data by updating the details on your online account.
You agree not to impersonate any other person or entity, or to use a false name or a name that you are not authorised to use.
Indemnity
To the extent permitted by law, you agree to indemnify and hold us, and our officers, directors, employees, agents and suppliers, harmless on demand from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of your breach of the Conditions, or out of use of the Website by any other person using your account with your permission.
Our rights
We reserve the right to:
- modify or withdraw, temporarily or permanently, this Website (or any part of it) with or without notice to you. You confirm that we will not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- change the Conditions from time to time. Your continued use of the Website (or any part of it) after a change is deemed to be your acceptance of it. It is your responsibility to check regularly whether the Conditions have changed. If you do not agree to a change, you must immediately stop using the Website. Changes will not affect an order you have already placed.
Third party links
To provide increased value to Buyers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources. We do not review or endorse them, and we are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including any advertising, content, products, goods or other materials or services on or available from them, or (iii) the use others make of them, or for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, products or services.
Recommendations
When you use our website, you will see that we offer recommendations, showing products we think you might like and could perhaps miss when you are browsing the site.
2. General
2.1 Nothing in these Conditions affects the Buyer's statutory rights as a consumer.
2.2 The Seller shall sell and the Buyer shall purchase the Products in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written order from the Buyer which is accepted by the Seller, including orders placed using the Seller's electronic online ordering service. This is subject in every case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions under which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
2.3 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller is subject to correction without liability on the part of the Seller.
2.4 If any provision of these Conditions is found to be invalid or unenforceable in whole or in part, the validity of the other provisions, and of the remainder of the provision in question, is not affected.
2.5 If the Seller does not have sufficient stock to deliver the Products ordered by the Buyer, any sum paid will be refunded or credited to the Buyer's account, and the Seller will notify the Buyer at the address given in the order form. The refund will be made as soon as possible and in any event within 30 days of the order. Except where the law requires it, the Seller is not obliged to offer any compensation for disappointment suffered.
3. Contract, pricing, availability and payment
3.1 Contract: When the Buyer places an order, the Seller will send an acknowledgement email to confirm receipt. This email is an acknowledgement only and does not constitute acceptance of the Buyer's order. The Seller retains the right to accept or reject the Buyer's offer before processing the order. A Contract for the purchase of Products between the Seller and the Buyer is not formed until the Seller has approved the Buyer's payment, verified prices, processed and dispatched the order. An email will be sent to the Buyer confirming these arrangements.
3.2 Pricing and availability: The Seller strives to ensure that all information, descriptions and prices on the Website are accurate, but errors may occur. If the Seller discovers an error in the price of any Products the Buyer has ordered, the Seller will inform the Buyer as soon as possible and offer the option to reconfirm the order at the correct price or cancel it. If the Seller is unable to contact the Buyer, the order will be considered cancelled. If the Buyer has already paid and the order is cancelled, the Buyer will receive a full refund. Prices on the Website include VAT where applicable, and delivery costs are charged in addition.
The Website may contain typographical errors or other errors, inaccuracies or omissions, and may not be complete or current. The Seller therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. The Seller also reserves the right to refuse to fulfil any order placed on the basis of information on the Website that contains errors or inaccuracies, including errors, inaccuracies or out-of-date information about pricing, shipping or payment terms.
3.3 Except as provided otherwise in these Conditions, the Price is the price stated in the Seller's written quotation. If the Seller's costs increase (for raw materials, labour or overheads), or there is any increase in taxes or duties or any variation in exchange rate, the Seller may increase the Price payable under the Contract by giving written notice. If notice of a price increase is given, the Buyer has the right to cancel the order and receive back any sums paid. Notice of cancellation must be received in writing by the Seller within seven days of delivery of the notice of price increase to the Buyer.
3.4 If the Contract is for the sale of Products without services, payment of the Price is due at the date of the order. Time for payment is of the essence. If the Buyer does not pay the Price when notified that the Products are ready for delivery, the Seller may bring an action for the Price even though ownership of the Products has not passed to the Buyer. If the Buyer fails to make payment as required, the Seller may terminate the Contract and suspend performance of any other contract until payment is made in full.
3.5 If the Contract includes the provision of installation or fitting services by the Seller, payment shall be made in two instalments. A deposit for the cost of all materials is due at the date of the order. The balance is due before the day of installation.
4. Products
4.1 The quantity and description of the Products shall be set out in the Seller's quotation.
4.2 Where the Products are supplied to the Seller's specification, the Seller may make any changes to the specification that do not materially affect their quality or performance, or that are required to conform with any applicable statutory requirements.
4.3 The photographs and images on the Website are for illustration. While we make every effort to ensure accuracy, the actual appearance of a product may differ from the images shown, for reasons such as lighting, angles and digital manipulation. In some cases the manufacturer's images may show non-UK versions of the products. This does not affect your right to receive Products that match their description and the specification published on the Website.
4.4 Stone products (including hearths and fire surrounds) are subject to natural variations in colour, porosity and texture. The Buyer accepts that such variations do not in themselves make the Products faulty or not as described.
4.5 From time to time the Seller will make recommendations based on the information and requirements set out by the Buyer. These are recommendations only. The Seller cannot be held responsible or liable for any cost if the Buyer chooses to change the product for any reason.
4.6 Any planned drawings and mock-ups provided by Firehouse are for illustration only. They give a conceptual representation of the proposed installation and are not intended to be an exact match to the finished product. Variations may occur during installation, for example due to on-site conditions or material availability, so the finished installation may differ from the drawings and mock-ups. Please treat them as a general guide and not a precise representation. By proceeding with our services you acknowledge that the planned drawings and mock-ups are for illustration and may not precisely reflect the completed installation. This does not affect our obligation to carry out services with reasonable care and skill.
5. Installation and fitting
5.1 Where the Contract provides for Products to be laid or installed, we will carry out a site inspection at a time convenient to you and prepare a site survey report. The report will specify the work to be carried out by the Seller and the responsibilities of the Buyer. By accepting the site survey report, the Buyer agrees to:
- 5.1.1 make sure the fitter has access to the site at reasonable times (between 8am and 6pm on weekdays) or otherwise as agreed between you and us;
- 5.1.2 make sure any re-routing or installation of plumbing (including water, radiators, drainage, gas and sewage) or electrics has been carried out to a good workmanlike standard before the fitting date;
- 5.1.3 make sure the chimney has been swept, if required, and certified;
- 5.1.4 move furniture and carpets as requested in the site survey. The Seller will not be liable for damage to any furnishings that have not been moved as requested;
- 5.1.5 clear the room to provide sufficient working space for the fitter, and co-operate in reducing health and safety risks to an acceptable level; and
- 5.1.6 provide the driver with a guest parking permit if you live in a controlled parking zone, or otherwise pay for the time the vehicle is parked.
5.2 By accepting the site survey, the Buyer confirms that they have told us of any particular features of the site or its construction that they know about and that may make the installation more difficult than we might reasonably expect. In particular, you acknowledge that you have checked that the walls are sound.
5.3 The cost of any structural alterations to the existing fireplace or building is not included unless specified and itemised in the site survey report.
5.4 With all building work, the owner of the property (or land) is ultimately responsible for complying with the relevant planning rules and building regulations, whether or not planning permission or building regulations approval is needed. Failure to comply may leave the owner liable for remedial action, which could include demolition or restoration. We advise you to discuss your proposals with the local planning authority.
6. Warranty and acceptance
6.1 Stone products (including hearths and fire surrounds).
6.1.1 Stone products are sold "as seen". No warranty is provided for stone products, except that the Buyer may, within 7 days of delivery, return any product they are not satisfied with in accordance with our Refund & Returns Policy. The Buyer is deemed to have accepted the Products 7 days after delivery. This does not affect the Buyer's statutory rights.
6.2 Manufactured products. The Buyer shall receive the full benefit of any warranty offered by the manufacturer of the Products.
6.3 Cedar Wood hot tubs have a warranty of 12 months. This includes plumbing and electrical components.
6.4 Nothing in this section affects the Buyer's statutory rights.
7. Title and risk
7.1 Risk of damage to or loss of the Products passes to the Buyer on delivery.
7.2 Despite any other provision of these Conditions, ownership of the Products does not pass to the Buyer until the Seller has received payment in full in cash or cleared funds.
7.3 The Seller reserves the right to remove Products belonging to the Seller from the Buyer's premises or site if the Buyer becomes insolvent or fails to pay.
7.4 The Buyer shall not pledge, or charge by way of security for any debt, any Products that remain the property of the Seller. If the Buyer does so, all money owing to the Seller becomes immediately due and payable, without prejudice to any other right or remedy of the Seller.
8. Insolvency
8.1 The Seller is entitled to cancel the Contract or suspend performance without further liability if:
- 8.1.1 the Buyer makes any voluntary arrangement with its creditors, becomes subject to an administration order, or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (other than for the purposes of amalgamation or reconstruction); or
- 8.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
- 8.1.3 the Buyer, not being a Consumer, ceases or threatens to cease to carry on business; or
- 8.1.4 the Seller reasonably believes that any of these events is about to occur in relation to the Buyer and notifies the Buyer accordingly.
8.2 If the Products have been delivered but not paid for, the Price becomes immediately due and payable.
9. Indemnity
9.1 To the extent permitted by law, the Buyer is solely responsible for, and agrees to keep the Seller indemnified against, all liability arising from:
- 9.1.1 the Buyer's failure to obtain any necessary planning consents or to comply with other statutory regulations relating to the installation or use of the Products; and
- 9.1.2 operation or use of the Products other than in strict accordance with the manufacturer's operating instructions.
10. Liability
10.1 Subject to clause 10.2, the Seller's liability to the Buyer for any default or breach arising under the Contract shall in no case exceed the Contract Price.
10.2 Nothing in these Conditions limits or excludes the Seller's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for Products that are not as described, of satisfactory quality or fit for purpose where the law requires them to be, or for any other liability that cannot be limited or excluded by law.
11. Force majeure
11.1 Neither party is liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control. These include strikes, lock-outs, accidents, war, fire, reduction in or unavailability of power at the Seller's premises or manufacturing plant, breakdown of plant or machinery, and shortage or unavailability of raw materials from a natural source of supply. The party affected is entitled to a reasonable extension of its obligations.
12. Notices
12.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing. Notices to the Seller shall be addressed to the Seller at its registered office. Notices to the Buyer shall be sent to the Buyer's address as provided to the Seller.
13. Third party rights
13.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999, and despite any other provision of the Contract, the Contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
14. Law
14.1 The Contract is governed by the law of England and Wales. Any dispute, question or remedy arising from it shall be determined exclusively by the courts of England and Wales. This does not affect any right you have as a consumer to bring proceedings in the courts of the part of the UK where you live.