In these conditions of sale “The Company”, “We” or “Our” means The Kent Stove Company Ltd whose office is at Maidstone Road, Paddock Wood, Kent, TN12 6QJ. “The Customer”, “You” or “Your” means the person, firm or company from whom an order is accepted by the Company.
Goods
Goods means goods or services which are subject of such an order be it placed verbally or in writing.
Price
The cost for the supply of materials and installation are set out in our estimate or quotation. The Company will invoice you on completion of the installation. Invoiced amounts shall be due and payable immediately once the installation has been completed. Any additional unforeseen work cannot be priced prior to work commencing. The price of the materials and installation is exclusive of VAT which shall be charged at the rate prevailing at the relevant tax point.
Quotations and Estimates
Quotations and estimates for materials and installations are given in writing. Should the quotation or estimate be accepted by you a deposit as stated on the quotation or estimate will be required.
Deposits and Payment
A deposit is required to be paid to the Company prior to the ordering of goods. The amount is stated on the quotation or estimate. The remaining balance becomes payable immediately on completion of the installation. Should you cancel the order after goods have been ordered a cancellation charge will be made.
Cancellation
Deposits will be refundable in full should you decide you do not wish to proceed with the sale only if goods have not been ordered. If goods (or part of) have been ordered / delivered the Customer will bear the restocking charge, delivery charge, courier charge and any other related charges such as card commission costs that are incurred due to the item being returned to the supplier. We reserve the right to retain all or part of the Customer deposit as a contribution towards any losses or costs we suffer as a result of the cancellation. The principle is simply to recover any of our genuine costs or losses as a result of the cancellation.
Installation cancellation at short notice
We reserve the right to make a cancellation charge if an agreed stove installation date is cancelled with less that two working days notice and we are unable to substitute an alternative installation on that day. This is to cover staff costs who will still need to be paid for the agreed day. The amount will depend upon the unrecoverable loss and will be capped at £300.
Availability
Goods are subject to availability from the manufacturer and although every effort is made to deliver the ordered goods within a reasonable period of time, availability of such goods are subject to seasonable variation and supply by the manufacturer and timely delivery cannot be guaranteed.
Ownership of Goods
The Customer will only own the goods and/or materials once they have been successfully delivered and when the Company have received cleared payment in full.
Surveys
Surveys are generally provided free of charge. The Company reserve the right to charge for surveys if written notice of the charge is made and accepted by the Customer in advance.
Installation
The Company will carry out the installation at the address the Customer specifies on the order. It is important that this address is accurate. The Company will endeavour to carry out the work at the agreed date but reserve the right to change this and reschedule the work if necessary. All breakable items and items of value must be safety stored by the Customer prior to the installation commencing. The customer must ensure that 240v electricity supply and mains water supply are available on site. Complaints regarding installation work should be made to the Company in writing within 14 working days from the date of completion of the installation.
Works
If in the opinion of the Company it is not reasonably practicable for any reason to carry out any of the work instructed to be carried out then we shall be entitled to refrain from carrying out or completing such work and will consult with the Customer as to what if any work is to be undertaken. We will, if requested by you, provide an explanation as to why any work is not considered to be reasonable or practicable. If the cost to the Company of carrying out the work is subsequently increased by reason of increases in the cost of materials and/or labour and/or any other factor outside our control then the Company shall notify the Customer before undertaking any work to which the increase will apply. If the Customer requires the Company to discontinue the work, the Customer shall only be required to pay the Company for the work already carried out.
Payment
Unless agreed in writing by the Company the price for the goods and/or services/ or installation shall be payable immediately on acceptance of the goods or completion of the service or installation in accordance with the relevant invoice. In practice this means that the final balance payment is due when the goods have been installed in the customer's premises to their satisfaction. In event that partial goods or works are outstanding the customer may only withold a reasonable sum commensurate with the outstanding item or works. The Company shall be entitled to charge interest on overdue invoices from the date when payment becomes due to the day until the date of payment at a rate of 1.5% per annum above the base rate of the Bank of England.
Finance
The Kent Stove Company Ltd is registered in England and Wales No 08479073. Trading address: Paddock Wood Garden Centre, Maidstone Road, Paddock Wood, Kent, TN12 6Q. The Kent Stove Company Ltd acts as a credit broker and only offers credit products from Omni Capital Retail Finance Ltd. The Kent Stove Company Ltd is authorised and regulated by the Financial Conduct Authority.
Our registered number is 773249. Credit subject to age and status.
Finance is not available in conjunction with any other offers or discounts that may be offered from time to time.
Warranty
Goods are subject to the warranty of the manufacturer and should be operated in accordance with the manufacturer’s instructions. The Company warrant that the services performed shall be performed using reasonable skill and care and of a quality conforming to generally accepted industry standards and practices. Installation services are guaranteed for a minimum of 12 months.
In order to keep your stove performing in the way it should, the Company recommend an annual chimney / flue sweep using a professional member of a generally recognised trade organisation or body. The Company cannot be liable for damage to stoves or chimney systems caused by using unseasoned or unsuitable wood, burning other unsuitable materials or not operating the stove in accordance with the manufacturer’s operating instructions or manuals.
Any work carried out to rectify problems under these circumstances, will incur a charge. The Company reserve the right to cancel the Order if we have insufficient stock to deliver goods the Customer has ordered or one or more of the goods ordered were listed at an incorrect price due to a typographical error in the pricing information received by us from our suppliers.
Invalidity
If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms and Conditions will not be affected.
Liability
The Customer will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by the Company as a result of Customer breach or default in the discharge of their obligations.
Where the Company need to carry out work on Customer premises and/or install equipment, the Company will not accept liability for the cost of repairing or replacement parts of existing system or furnishings, which occurs due to faults in the system, including wear and tear, unless the Company have been negligent in not realising that such damage may occur or in the way the work was carried out.
In the event of the Company losing or damaging your goods, the Company will pay for the reasonable costs of the repair or replacement (less wear or tear) of the item or provide the Customer with a full refund if the Company have been negligent. Nothing in these Terms & Conditions shall exclude or limit the Company’s liability for death or personal injury resulting from the Company’s negligence or that of its employees, agents or sub-contractors.
Governing Law and Jurisdiction
Parties to these Terms and Conditions agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Third Party Rights
Nothing in these Terms and Conditions are intended to, nor shall it confer any rights on a third party.
Privacy notice
All personal details that you give us are securely stored. We do not supply, share or sell customers details to any outside organisation. We will treat all your personal information as confidential. We will keep it securely and will fully comply with all applicable UK data protection and consumer legislation.
We will endeavour to take all reasonable care, in so far as it is possible to do so, to keep all details of your order and payment secure but, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering.
We only hold those details that are required to carry out the provision of goods and services and those legally required to be held for accounting records and the provision of information to HMRC or relevant government authority. Details are held partly in digital form and partly on paper copies. They are generally held for 3 years or until expiry of any warrantees but in all circumstances a maximum of 6 years, after which they will be permanently destroyed. No credit and debit card details are held or retained by us.
Customer Services
To protect your own interests please read the Terms and Conditions carefully before committing to an order. If you are unhappy with any aspect of our service please contact The Kent Stove Company Ltd and we will work with you to reach a satisfactory conclusion.
Changes to Terms and Conditions of Business
We reserve the right to make minor changes to these Terms and Conditions from time to time.