Terms and Conditions

1. INTERPRETATION

1.1 In these Terms, the following definitions apply:
1.1.1 ‘Bespoke Goods’ means goods for which the Trade Buyer has provided dimensions and/or specifications to the Seller.
1.1.2 ‘Contract’ means the Contract for the purchase and the sale of Goods.
1.1.3 ‘End Purchaser’ means a third party to whom the Trade Buyer sells Goods to.
1.1.4 ‘Gold Account’ is a Trade Buyer with a retail trading address within mainland UK displaying the Seller’s minimum display and/or turnover requirement with the Seller’s [Written] permission to use the Gold Account price list and who has a sales territory defined by the Seller.
1.1.5 ‘Goods’ means the Goods (including any instalment of the Goods or any parts for them) specified in the Order to be supplied by the Seller to the Trade Buyer and includes Bespoke Goods.
1.1.6 ‘Key Account’ is a Trade Buyer with a retail trading address within mainland UK displaying the Seller’s minimum display requirement with the Seller’s [Written] permission to use the Key Account price list and who has a sales territory defined by the Seller.
1.1.7 ‘Order’ means the Trade Buyer’s Order for the Goods submitted via the Website or other offline means.
1.1.8 ‘Sales Material’ includes but is not limited to samples, drawings, descriptions or advertisements issued by the Seller, including those in the catalogues, brochures and Website.
1.1.9 ‘Seller’ means Acquisitions (Fireplaces) Limited (registered in England under number 1413462) whose registered office is 5th Floor, Tennyson House, 159-165 Great Portland Street, London W1W 5PA.
1.1.10 ‘Terms’ means these standard terms and conditions of sale and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Trade Buyer and the Seller.
1.1.11 ‘Trade Buyer’ means the person or company who accepts a quotation from the Seller for the sale of the Goods and is accepted by the Seller. A Trade Buyer may have a trade account, a Key Account, or a Gold Account.
1.1.12 ‘User Guide’ means the information on installation and use provided by the Seller and updated from time to time and available here.
1.1.13 ‘Warranty Conditions’ means the warranty terms updated from time to time and available at www.acquisitions.co.uk.
1.1.14 ‘Website’ www.acquisitions.co.uk.
1.1.15 ‘Writing’ and ‘Written’ includes email, facsimile transmission and comparable means of communication.
1.2 Reference in these Terms to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Terms are for convenience only and shall not affect their interpretation.

2. BASIS OF THE SALE

2.1 The Seller shall sell and the Trade Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Trade Buyer, or any Order of the Trade Buyer which is accepted by the Seller, subject always to these Terms, which shall govern the Contract. In the event of conflict between the Written terms of the quotation or Order and these Terms, the quotation or Order shall apply.
2.2 No variation to these Terms shall be binding unless agreed in Writing between the authorised representatives of the Trade Buyer and the Seller.
2.3 The Seller’s employees and agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Trade Buyer acknowledges that it does not rely on any such representations which are not so confirmed.
2.4 Any advice or recommendation given by the Seller or its employees or agents to the Trade Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Trade Buyer’s own risk, and accordingly, the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Installation and technical requirements should always be checked and discussed with the Seller prior to sale to the End Purchaser. Where technical advice is given by the Seller, it is based on the Seller’s understanding of the information supplied by the Trade Buyer and is not intended as a substitute for a site survey by a competent person.
2.6 Any Sales Materials are issued solely to provide the Trade Buyer with an approximate idea of the Goods they describe. They do not form part of the Contract.
2.7 Any typographical, clerical or other error or omission in the Sales Material shall be subject to correction without any liability on the part of the Seller.
2.8 The Seller has the right to amend these Terms from time to time. The Trade Buyer’s Order will be subject to the version of the Terms in force at the time the Trade Buyer orders Goods from the Seller, unless any change to the Terms is required by law or regulatory authority.
2.9 The Trade Buyer acknowledges that the Seller will own the copyright, design right and all other intellectual property rights in the Goods and any drafts, drawings or illustrations the Seller makes in connection with the Goods for the Trade Buyer.

3. ORDERS

3.1 No Order submitted by the Trade Buyer shall be deemed to be accepted by the Seller and such Order shall only become binding on the Trade Buyer and the Seller at the earlier of when the Seller:
3.1.1 issues the Trade Buyer with a written acceptance of the Order; or
3.1.2 delivers the Goods to the Trade Buyer; or
3.1.3 notifies the Trade Buyer that the Goods are ready for collection.
3.2 The Trade Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any Order (including any applicable specification) submitted by the Trade Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
3.3 No Order which has been accepted by the Seller may be cancelled by the Trade Buyer except with the agreement in Writing of the Seller and on terms that the Trade Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.

4. SPECIFICATION

4.1 Subject to the remainder of this clause 4, the quality, quantity, and description of and any specification for the Goods shall be as set out in the Seller’s quotation (if accepted by the Trade Buyer) or the Trade Buyer’s Order (if accepted by the Seller).
4.2 The Seller uses only authentic, high-quality materials in its fire surrounds. All Goods sold by the Seller are sold by viewing samples, and the Seller warrants that the typical quality of such merchandise is represented as closely as possible by the samples shown. The Trade Buyer is advised to ensure that the End Purchaser views such samples prior to purchase.
4.3 All dimensions provided in the quotation, Order, or Sales Materials are approximate only. The information contained in such literature is intended as a guide only, and the Seller does not warrant the accuracy of the information contained.
4.4 The photography used in the Sales Materials or other communications is representative of the Goods on a given day in typical ambient lighting or studio conditions and is subject to chimney and weather variations. For example, possible variations in flame picture of the Goods are subject to outside influences over which the Seller has no control.
4.5 The materials the Seller uses for mantels, slips, and hearths are solid natural limestone, sandstone, granite, slate, or marble. The naturally occurring features in these materials are one of the beauties of the use of such materials, and no two pieces are identical. In purchasing the Goods, the Trade Buyer acknowledges that the natural materials used by the Seller may vary from sample to sample and product to product. Typical variations may include, but are not limited to, fossils, veins, shading, vents, and texture. Most stone and marble is inherently unsound and may
require filling where appropriate. Although beautiful, the veining or venting is in fact a weakness and may be stopped and filled. Such naturally occurring variations are not defects in the materials,
and the Seller shall not be liable to the Trade Buyer in respect of any such variation. Where filling is necessary, the Seller shall undertake such filling carefully and professionally.
4.6 Some chipping of the edges of the external returns of legs, back edges of shelves, back panels, and slips during transit or fitting is inevitable. These edges should be hidden when rebated behind the fireplace opening or chased into the wall. Again, this will not be a defect in the Goods provided such chips are not detrimental to the finished overall appearance of the fireplace.
4.7 Quarrying and cutting involve large quantities of water which is absorbed by the stone, resulting in individual components varying in colour while drying. Shade variation may also be evident after fitting, as water is used during installation. In time, stone will dry to a reasonably uniform appearance. Drying-out times depend on the stone thickness, room ambience, and installation procedure.
4.8 The Trade Buyer acknowledges and shall ensure that the End Purchaser is aware that painted and finished surfaces of the Goods may discolour during use due to heat. Metal surfaces require regular protection against moisture, and the Trade Buyer shall ensure that the End Purchaser is aware they must follow the cleaning and use instructions provided to maintain the Goods in good condition.
4.9 The Seller operates a policy of continuous product development and improvement, and the Trade Buyer accepts that