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Instore Sales Terms and Conditions
Introduction
The Arcade (Llandysul) Limited is a limited company, registered in England and Wales, with the registered company number 03793497, and registered office at The Arcade, High Street, Llandysul, Dyfed, SA44 4DJ.
These are the terms and conditions upon which we sell products instore.
Terms
1. Product Information
The goods that we offer for sale are displayed in store, on the website www.arcadewales.co.uk and in manufactures literature. Whilst every effort is made to display as accurately as possible the colour and size of our goods, we cannot guarantee that your monitors display of any colour will accurately reflect the colour of the goods on delivery.
2. Ordering
You may place an order for goods by completing the order in store, by email or by telephone. Once your order has been placed you will receive an order confirmation / invoice. If the goods are to be delivered, you will receive a phone call or email to let you know the product is being dispatched or to arrange delivery. We may leave a voicemail message to confirm the stove is being dispatched if there is no answer. If the item is not in stock you will receive a phone call to give you an idea of delivery times. We will need a valid telephone number for delivery or your order may be delayed.
3. Prices
| 3.1 | All prices shown on the Websites and on products instore are inclusive of VAT and these prices are subject to change without notice. All orders are subject to availability. We reserve the right to refuse to accept any order where there is an error in the description of the goods or the advertised prices. |
| 3.2 | We reserve the right at any time to change or discontinue without notice, any aspect or feature of the Websites. |
| 3.3 | All Price match request work on a like for like basis: the product should be the same brand and new. |
| 3.4 | We reserve the right to refuse a price match request if the price match is unreasonable or if a link or quote is not sent to us clearly stating a cheaper price. |
4. Delivery
| 4.1 | Delivery of stoves, cookers fires and fireplaces are chargeable depending on location and product. Our sales team will advise you of this at the time of ordering. |
| 4.1.2 | Deliveries take place on set days to certain areas. Our sales team will advise you of this at the time of ordering. |
| 4.1.3 | All delivery times are estimates only, and time is not of the essence. It is your responsibility to order in good time before any planned installation dates. |
| 4.1.4 | The delivery personnel will wheel the stove as far as they can, providing their path is free from obstructions and it is safe to do so. It is the customers responsibility to ensure that the item ordered is able to pass through entrances and passageways. |
| 4.1.5 | If the conditions at the point do not permit the delivery personnel to bring the goods to the property, then it is necessary for the customer to inform the supplier beforehand or make arrangements for the goods to be moved to a safe storage place after delivery has been made. |
| 4.1.6 | Goods must be signed for upon delivery and cannot be left in a safe place without a signature. |
| 4.1.7 | Title of the goods shall pass to the customer on completion of the delivery, providing payment has been made in full. |
4.2 Stock Availability
| 4.2.1 | We hold large volumes of stock but you can check stock availability by calling or e-mailing us. If a product is in stock, delivery takes 3-10 days. We shall contact you with an update on anticipated delivery times. Where possible we shall inform you if delivery is likely to take in excess of 30 days. |
| 4.2.2 | All delivery times are estimates only, and time is not of the essence. It is your responsibility to order in good time before any planned installation dates. |
| 4.2.3 | In the event that the goods in question are out of stock at the time you place your order, you may without incurring any costs, cancel your order at any time, prior to the item in question being specially made or dispatched from the manufacturer. Once the item has been specially made or dispatched from the manufacturer we shall not accept any cancelation requests. |
4.3 Faulty or Damaged Goods
| 4.3.1 | Upon delivery, please inspect the goods. Stoves, fires, fireplces and cookers are delivered by our delivery team or the manufacturers delivery team. You will have time to check the item over whilst the delivery people are there. In the event that there are goods which are damaged or missing, the sooner we are notified, the sooner we can conclude the matter. With palletised deliveries, upon delivery, the driver shall provide you with 15 minutes to inspect the goods. We encourage you to notify us of any damage or faults during this initial inspection, or within twenty four (24) hours if possible, but we acknowledge that failure to do so shall not affect your statutory rights. |
| 4.3.2 | If you experience a problem with a product, within the first 30 days of ownership, you must notify us first and give us an opportunity to inspect the product. If the product is not as described, fit for purpose, or of satisfactory quality, you may, within 30 days of receiving the product, reject the product and you will be entitled to a full refund. Alternatively, you may elect for the repair or replacement of the product during this 30 day period. |
| 4.3.3 | If you experience a problem with a product (the product is not as described, fit for purpose, or of satisfactory quality) within the first six months of ownership, you must notify us and return the product, and give us an opportunity to resolve the problem in the first instance. You will not be entitled to any further recourse if we have not been given the opportunity to inspect the product and resolve the issue ourselves, or through a third party. |
| 4.3.4 | For the avoidance of doubt, normal wear and tear does not qualify as a fault of damage for the purposes of this clause |
| 4.3.5 | In the event that you report a fault in accordance with clauses 4.3.2 or 4.3.3, it will assist us to promptly respond if you are able to provide a photograph or video evidence of the fault in question. |
| 4.3.6 |
In the event that you report a fault in accordance with clauses 4.3.2 or 4.3.3, with fitted appliances and parts, we shall investigate the fault by way of an in person visit by an engineer, or remotely by way of a video call, and you are required to cooperate as necessary to allow us to complete the inspection. |
4.4 Missed Deliveries
If you miss your delivery at your agreed pre-booked day, and fail to notify us that the date is no longer suitable, re-delivery charges may apply.
4.5 Delays
| Delays in transit are possible and out of our control. It is up to the customer to inform the supplier if the order has not arrived. For this reason it is recommended that the customer ensures they have all the goods prior to booking installers. |
4.6 Cancellations
| 4.6.1 | We may suspend or cancel any order or part of an order if delivery is in installments, by written notice if you fail to pay us any money when due (under the order or otherwide) or you fail to honour your obligations under these Terms. |
| 4.6.1 | Cancellation will only be accepted by us in writing and on condition that all costs and expenses incurred by us up to the time of cancellation, and all loss of profits and other loss or damage resulting to us because of the cancellation will be reimbursed to us by you forthwith. |
| 4.6.2 | Bespoke items made to specification, items ordered in especially for you from the manufacturer, items ordered by the company with the manufacturer to be specifically built to fulfil your order (most cooker and gas appliances), or goods or materials cut to length, are excluded from the right to cancel under clause 4.6.1. |
| 4.6.3 |
If you cancel an order, pursuant to clause 4.6.1, after it has been dispatched by us but before you have received the goods, we regret that you shall be charged for the return delivery costs, even if the goods have not arrived at your address. |
4.7 Returns
| 4.7.1 | All goods returned pursuant to clause 4.6.1 must be boxed and must have not been fitted and / or used in any way. Should we find any damage upon receipt we will advise you and deduct any costs from the refund amount. |
| 4.7.2 | Following the identification of a fault pursuant to clause 4.3, you must not make any further use of the goods, or make any attempt to repair the goods, or the goods will no longer qualify for return. |
| 4.7.3 | All goods that qualify for return shall be refunded in the amount originally paid minus any costs of collecting the goods. |
5. Stove & Cookers installation
| 5.1 | We only supply goods and are not responsible for storage of goods or installations. Wood-burning, Multi-fuel and gas and electrical appliances must be installed by a competent installer. We recommend that your installer surveys the installation prior to making your purchase. The stove must be installed in accordance with the Manufacturer’s recommendations and the current building regulations in force. Failure to do can invalidate the guarantee and may also affect your statutory rights. |
| 5.2 | We recommend you buy the appliance (stove, fireplace, fire, cooker or flue) and have it delivered at least one week before installation date as we cannot be held liable for any costs incurred by the customer or any loss of earnings as a result of the goods being lost, damaged or late, unless caused by our negligence. |
| 5.3 | We do not provide any advice in respect of installation of the products and no communications that we make shall be deemed to amount to advice in this regard. You accept and agree that you must organise the installation of the goods at your own risk, and we accept no responsibility for any errors or omissions in the installation. Responsibility for the installation is on the installer of the product. |
6. Liability
| 6.1 | We cannot account for all scenarios such as site conditions and skills of application and are supply only service. In any event we do not accept any liability whatsoever for the performance or non-performance of any goods beyond the value of those goods (for example, we shall not be liable in respect of wasted time or additional costs incurred by any person such as labour or scaffolding costs nor shall we be liable in respect of any alleged consequential losses of any person). |
| 6.2 | We are only responsible for losses you suffer caused by us breaching our contract with you unless the loss is: |
| 6.2.1 | Unexpected: It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable); |
| 6.2.2 | Caused by a delaying event outside our control: As long as we have taken the steps set out in the section We're not responsible for delays outside our control; or |
| 6.2.3 | Avoidable: Something you could have avoided by taking reasonable action, including following our reasonable instructions for use. |
7. Responsibility for the legality of your installation
| 7.1 | Installations of appliances come under Building Control and as such the customer needs to notify the customers Local Authority of the works. If the customer uses a competent person to install, then their registration body can do this for the customer. If the customers are self-installing or getting a tradesman to do the work for them then they will need to notify, pay fees, and have the installation inspected as needed by a Building Control Officer. |
| 7.2 | In some areas other rules apply, for example if the house is listed then the customer will need listed building consent. Again, it is the customers responsibility to ensure they are meeting the necessary rules and regulations that are in force. |
| 7.3 | It is also the customer’s responsibility to ensure that they tell the supplier if they live in a Smoke Control Area. In a smoke control area, the customer can only burn wood on a Defra Exempt Stove. Customers can check to see if they live in a smoke control area by contacting their Local Authority. |
8. Warranties
| 8.1 | We support the manufacturer’s warranty period where offered. We as a retailer are an official reseller appointed directly by the manufacturer. Manufacturer’s warranties vary by product, whether they are new or ex-display, and sometimes by method or installation, and may be for parts only, non-transferrable and restricted in other ways such as accidental or cosmetic damage, failure to follow manufacturer’s instructions or installation guidelines, lack of cleaning or servicing, deliberate damage or neglect. If you wish to confirm the manufacturer’s warranty details prior to purchase, please contact us. |
| 8.2 | If your product develops a fault that needs to be repaired, please call us on 01559 363277 and we’ll liaise with the manufacturer / your installer on your behalf. We will require a signet of all documentation relating to installation of the product by a third party, and we shall, and failure to cooperate or provide us with such documents may delay us in the administration of your warranty claim. |
9. Privacy & Security
| 9.1 | We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order. |
| 9.2 | We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order. |
| 9.3 | We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties. |
10. Third Party Rights
A person who is not a party to the Contract shall not have any rights to enforce its terms.
11. Law
| 11.1 | These terms shall be governed by and constructed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales. |
| 11.2 | We reserve the right to change these terms and conditions from time to time and you should refer to them each time you place an order. Changes to these terms shall not apply to orders that have already been placed. |
| 11.3 | Please address any comments or complaints: The Arcade, King Street, Llandysul, Ceredigion SA44 4DJ. |
12. Contact
For any queries regarding orders, purchases, or service, please contact us via email, telephone or post. Our correspondence address is: The Arcade, King Street, Llandysul, Ceredigion SA44 4DJ