1 In these Terms & Conditions:

The 'Company' is Urban Outdoor Living LLP (t/a Urban Outdoors) registered in England number OC443421.

The 'Purchaser' is a professional specifier or professional fireplace retailer that has been authorised as Purchaser of the Products by signing a display order form or who has accepted a quotation from the Company for the sale of the Products or Services, which has been accepted by the Company and is a buyer with a retail trading address on mainland UK or Northern Ireland or any other territory displaying the Company’s published minimum display sample requirement or any entity or person who has accepted a quotation from the Company for the provision of the Products or Services.
 

'End user' is the person or business whom buys a Product from the Purchaser or from the Company, unless the Purchaser is a consumer in which case they are also the End User.

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'Consumer' would typically be the householder or business in whose premises the Product has either been installed or delivered to. 'Products' means the Products specified on a purchase order by the Purchaser or published in the current price list to which these conditions are attached.

'Services' means any other function which is not a product but may be chargeable at the Company’s discretion

'Products' are complete fireplaces or components of fireplaces, woodburners, gas fires, bioethanol fires or electric fires.

'Conditions' means the standard terms and conditions of the sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Purchaser and the Company.

'Contract' means the contract between the Company and the Purchaser for the purchase and the sale of Products.

The term 'Writing' includes email, facsimile transmission or comparable means of communication such as SMS.

The headings in these Conditions are only for convenience and shall not affect their interpretation.
 

2 THE SALE 2.1 The Company shall sell and the Purchaser, End User or Consumer shall purchase the Products in accordance with any price list or written quotation from the Company which is accepted by the Purchaser, or any written order of the Purchaser which is accepted by the Company, subject in either case to these Terms & Conditions, which shall govern the Contract.  In the event of conflict between the written terms of the quotation or order and these Conditions, the quotation or order shall apply but no other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order made or purported to be made, by the Purchaser shall apply.2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Purchaser, End User or Consumer and the Company2.3 The Company’s employees and agents are not authorised to make any representations concerning the Products unless confirmed by a Director of the Company in writing. In entering into the Contract the Purchaser, End User or Consumer acknowledges that it does not rely on any such representations which are not so confirmed.2.4 Any advice or recommendation given by the Company or its employees or agents to the Purchaser, End User or Consumer or its employees or agents as to the storage, application or use of the Products which is not confirmed in writing by the Company is followed or acted upon entirely at the Purchasers, End User or Consumers own risk, and accordingly the Company 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 Company prior to sale to an End User. Where technical advice is given by the Company, it is based on the Company’s understanding of the information supplied and is not intended as a substitute for a site survey by a competent person or compliance with the manufacturers' written instructions. 2.6 Installation fees are charged for one visit unless the purchaser selects a service level therefore it is important that any infrastructure requirements are working and available on the day of installation, notably gas and 240v supplies where appropriate, but also ventilation and drainage for outdoor installations. Any further visits required to complete an installation will be chargeable, per visit. 2.7 Any obvious 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 Company shall be subject to correction without any liability on the part of the Company. 2.8 Urban Outdoors may cancel any order and the purchaser must agree with the decision.

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3 ORDERS 3.1 The Purchaser, End User or Consumer shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Purchaser, End User or Consumer, and for giving the Company any necessary information relating to the Products within a sufficient time to enable the Company to perform the Contract in accordance with its terms. 3.2 No order which has been accepted by the Company may be cancelled by the Purchaser, End User or Consumer except with the agreement in Writing of the Company and on terms that Purchaser, End User or Consumer shall indemnify the Company in full against the costs of transport, re-stocking, the making good of packaging and any other expenses incurred by the Company as a result of cancellation. 3.3 Bespoke orders cannot be cancelled by the Purchaser at any time. 3.4 The cost of re-stocking is 20% plus any carriage charges and/or damage to packaging. 3.5 Variation of order. Should the Purchaser, End User or Consumer wish to add further products or services to the order the parties agree that such additions will be at additional cost. For the avoidance of doubt the Company will provide to the Purchaser, End User or Consumer a further quotation or pro-forma invoice which shall be paid by the Purchaser, End User or Consumer before delivery or supply.



4 SPECIFICATION 4.1 Subject to the remainder of this clause 4, the quality, quantity and description of and any specification for the Products shall be those set out in the Company’s quotation if accepted by the Purchaser, End User or Consumer (or the Purchaser’s purchase order, if accepted by the Company).4.2 All Products sold by the Company are sold by first viewing display samples and the Company warrants that the typical quality of such merchandise is represented as closely as possible by the display samples shown. The Purchaser, End User or Consumer is advised to ensure viewing of such samples prior to purchase.4.3 All dimensions provided in the quotation, order or sales or marketing literature are approximate only. The information contained in such literature is intended as a guide only and the Company does not warrant the accuracy of the information contained in it.4.4 The photography used in the Company’s sales literature or other communications is representative of the Products on a given day in typical lighting or studio conditions and are subject to chimney, flue, ventilation and weather variations, for example, possible variations in flame picture of the Products and the Purchaser, End User or Consumer accepts that these are subject to outside influences over which the Company has no control.4.5 The materials used for stone or wood inserts are solid natural stone, granite, marble or wood. Naturally occurring features in these materials are typical of the use of such materials and no two pieces are identical. In purchasing the Products the Purchaser, End User or Consumer acknowledges that the natural materials used by the Company may vary from sample to sample and product to product.4.6 The Purchaser, if not an End User or Consumer, acknowledges and shall ensure that the end user is aware that painted and finished surfaces of the Products may discolour during use due to heat and that published cleaning procedures must be carried out regularly.4.7 The Company operates a policy of continuous product development and improvement and the Purchaser, End User or Consumer accepts that changes in detail may occur between ordering and delivery.4.8 Decorative gas fires should not be regarded as a primary source of heat. The Company recommends that they be installed in conjunction with an additional form of heating such as central or under-floor heating. The Purchaser, if not an End User or Consumer, accepts that it is their responsibility to inform the End User or Consumer that it should not be automatically assumed that a new fire or fireplace will provide more heat than an existing appliance as technical specifications vary from genre to genre. All Purchasers, End Users or Consumers must take note that a decorative gas fire may not provide an equivalent heat output or equivalent fuel consumption of any appliance that it may replace.4.9 The End User should note that it should not be automatically assumed that a new fire or fireplace will provide more heat than an existing appliance as technical specifications vary from genre to genre.4.10 If the Products are to be manufactured or any process is to be applied to the Products by the Company in accordance with a specification submitted by the Purchaser, the Purchaser shall indemnify the Company against all loss, damages, costs and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Company’s use of the Purchaser’s specification.4.11 The Company reserves the right to make any changes in the specification of the Products which are required to conform to any applicable statutory or EC requirements or, where the Products are to be supplied to the Company’s specification, which do not materially affect their quality or performance. 4.12 Images of installed products may be published by Urban Outdoors unless specifically requested not to do so by the Purchaser or End User.  4.13 Polished & industrial finish concrete products - each one of our handmade concrete firepits will be unique and each may be permeated by a rich complexity of colour or shade variation. Please see Warranty conditions for concrete products. Although we will supply samples in advance of purchase, no single sample or image will tell the whole story. Every firepit will appear different to a certain extent.



5 PRICE 5.1 The price of the Products shall be the Company’s quoted price or, where no price has been quoted or a quoted price is no longer valid, the price listed in the Company’s published Purchaser price list current at the date of acceptance of the order. All prices quoted are valid for 30 days only or until earlier acceptance by the Purchaser, after which time they may be altered by the Company without giving notice to the Purchaser.5.2 The Company reserves the right, by giving notice to the Purchaser at any time before delivery, to increase the price of the Products to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the cost of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Products requested by the Purchaser, or any delay caused by any instructions of the Purchaser or failure of the Purchaser to give the Company adequate information or instructions.5.3 Except as otherwise stated under the terms of any quotation or in any price list of the Company, and unless otherwise agreed in Writing between the Purchaser and the Company, all prices are given by the Company on an ex-works basis and where the Company agrees to deliver the Products otherwise than at the Company’s premises, the Purchaser shall be liable to pay the Company’s charges for transport, packaging and insurance.5.4 The price is exclusive of any applicable value added tax, which the Purchaser shall be additionally liable to pay to the Company at the then prevailing rate.



6 TERMS OF PAYMENT 6.1 Subject to any special terms agreed in Writing between the Purchaser and the Company, if the Purchase is a trade customer (for example, but not exclusively a retailer, a professional specifier or a design professional) the Company shall be entitled to invoice the Purchaser for the price of the Products on or at any time after delivery of the Products, unless the Products are to be collected by the Purchaser or the Purchaser wrongfully fails to take delivery of the Products, in which event the Company shall be entitled to invoice the Purchaser for the price at any time after the Company has notified the Purchaser that the Products are ready for collection or as the case maybe the Company has tendered delivery of the Products. 6.2 If the Purchaser is also an End User or Consumer of a product or service provided by the Company (for example, any product or service provided by the Company for use in a consumer's own home) or the product or service is ordered via a professional specifier (such as an architect or interior designer) the full price shall be paid to the Company against a pro-forma invoice, at least seven (7) days before delivery or installation whichever is the soonest. If the Purchaser is dealing direct with an installer, the labour charge may be paid on the day of installation by arrangement with the installer. In the case of bespoke products (made to measure) the full price must be paid to the Company before manufacture. 6.3 The Purchaser shall pay the price of the Products (less any discount to which the Purchaser is entitled, but without any other deduction) within 30 days of the date of the Company’s invoice and the Company shall be entitled to recover the price, not withstanding that delivery may not have taken place and the property in the Products has not passed to the Purchaser. The time of payment of the price shall be of the essence of the contract. Receipts for payment will be issued only upon request.6.4 If the Purchaser, End User or Consumer fails to make any payment on the due date or at all then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to any one or more of the following remedies: 6.4.1 Cancel the contract or suspend any further deliveries to the Purchaser;.    6.4.2 Appropriate any payment made by the Purchaser to such of the Products (or the Products supplied under any other contract between the Purchaser and the Company) as the Company may think fit (not withstanding any purported appropriation by the Purchaser);    6.4.3 Charge the Purchaser interest (both before and after any judgment) on the amount unpaid, at the rate of 4% per annum above HSBC Bank Plc base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

6.4.4 At its discretion, to withhold warranty services and the supply of replacement spare parts for any product.



7 DELIVERY 7.1 Delivery of the Products shall be made by the Purchaser, End User or Consumer collecting the Products at the Company’s premises at any time after the Company has notified the Purchaser, End User or Consumer that the Products are ready for collection or, if some other place for delivery is agreed by the Company in writing, delivering the Products to that place. 7.2 Any dates quoted for delivery of the Products are approximate only and the Company shall not be liable for any delay in delivery of the Products however caused. Time for delivery shall not be of the essence of the contract unless previously agreed by a Director of the Company in Writing. The Products may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Purchaser. The Purchaser, End User or Consumer should allow at least 5 working days for delivery of products that are held in inventory. Estimated delivery dates for bespoke or other items will be set out in the Company’s quotation or order acknowledgement. The Company cannot be held liable for any missed installation dates due to late delivery of Products. 7.3 Products will only be delivered to the Purchaser’s previously agreed trading address. 7.4 Any shortages must be reported immediately on delivery, or as a minimum, within seven days of receipt. A signed delivery note will be proof of delivery. 7.5 The Purchaser, End User or Consumer must examine the Products on delivery and in any event prior to installation. If there is any defect in the Products which would be apparent upon inspection and it is not reported to the Company prior to installation the Company shall not be liable for any losses for example reinstallation or redecoration incurred as a result of the Purchaser’s failure to inspect the Products and to enable the Company to remedy such defect prior to installation.7.6 Where the Products are to be delivered in installments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the installments in accordance with these Conditions or any claim by the Purchaser, End User or Consumer in respect of any one installment shall not entitle the Purchaser to treat the Contract as a whole as repudiated.7.7 If the Company fails to deliver the Products (or any installment) for any reason other than any cause beyond the Company’s reasonable control or the Purchaser’s fault, and the Company is accordingly liable to the Purchaser, the Company’s liability shall be limited to the excess (if any) of the cost to the Purchaser (in the cheapest available market) of similar Products to replace those not delivered over the price of the Products If the Purchaser fails to take delivery of the Products or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Purchasers reasonable control or by reason of the Company’s fault) then, without prejudice to any other right or remedy available to the Company, the Company may: 7.4.1 Store the Products until actual delivery and charge the Purchaser, End User or Consumer for the reasonable costs (including insurance) of storage; or    7.7.2 Sell the Products at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Purchaser for the excess over the price under the Contract or charge the Purchaser for any shortfall below the price under the Contract.



8 SPECIFICATION, DELIVERY & INSTALLATION

 

We offer three levels of service & specification:
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Bronze is typically supply-only with telephone and e-Docs guidance. Includes one drawing and two iterations.
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Silver is typically a more bespoke service with one site visit by a Director, the option of one installation visit by our own experienced technicians, commissioning & certifying the fireplace, telephone, email and e-Docs guidance for the site contractors. Includes up to two drawings each with up to three iterations. Options of smartphone operation or connection to home automation. Option of annual servicing at extra cost.

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Gold is a full service solution with as many site visits by a Director or technician as may be required, staged installation, our own experienced technicians commissioning & certifying the fireplace, with telephone, email, e-Docs and onsite guidance for the designer, site contractors or project manager. Unlimited drawings, 3D visuals and iterations. One risk assessment. O&Ms. Options of smartphone operation, connection to home automation, high spec products and accessories. Option of annual servicing at extra cost.

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8.1 All dimensions quoted are approximate and subject to change without notice and should be physically checked by the Purchaser, End User or Consumer before commencing installation, cutting fireplace materials and/or constructing a false chimney breast.
8.2 Fireplaces, gas, bioethanol and electric fires are complex products and End User safety demands that they be installed and operated correctly. The Products are supplied to the Purchaser, End User or Consumer solely on the basis that they will be installed on behalf of the End User by experienced and, where necessary, fully qualified installers in accordance with the Rules in Force.
8.3 The Purchaser, End User or Consumer accepts that the Company cannot be held responsible for the effects of any drying-out or shrinkage of plaster surfaces. The Purchaser shall make the End User or Consumer aware that new plaster in the area above a heating appliance should be allowed to dry naturally as recommended by their plasterer (at least 4 weeks) before the use of the appliance.

8.4 In the event that Urban Outdoors quotes for installation costs, unless otherwise mentioned in writing, the cost of installation is for one visit only. Additional visits caused by inadequate site conditions, for example no gas or electric supply, no ventilation or drainage provision in the case of outside fireplaces. additional labour and traveling costs will apply. 8.5 In the case of outside gas fireplace Products, although the assemblies and components are designed to be weather-resistant we strongly advise End Users to use a weathercover at all times when the Product is not when not in use in order to maintain the warranty.  All Escea and Urban Outdoors complete outside gas fireplaces including bespoke models are designed to be weather-resistant, but if components (only) are supplied by the Company it is the Purchaser, End User or Consumer's responsibility to be sure of the waterproofing, drainage and ventilation of the design of the complete installation, to provide adequate ventilation and drainage to the components and to ensure the installation shall be free of moisture ingress, steam or condensation which may affect the longevity of Products or components. Corrosion can and will occur on Products or component(s) if not properly protected or if the cleaning and maintenance instructions supplied with each product are not followed. Generally such corrosion will be aesthetic rather than affecting the safe operation of the Product or component(s) but not always. The manufacturers Installation Supplement refers - wwwurbanfires.co.uk/downloads. 8.6 An annual service is mandatory for all gas appliances. Failure to have a gas appliance serviced according to the manufacturers' instructions may involve additional costs in the event of failure. 8.7 Kerbside delivery of our larger products: (1) Firepits & Firebowls Standard kerbside delivery within mainland UK occurs through a third party courier. The couriers operate Monday-Friday, typically between the hours of 8am-6pm and subject to traffic or other delays. A Firepit will come protected in an export crate measuring approximately from 1000mm-2500mm in length and 1000mm wide x 400mm in height. If less than 2000mm in length, it can usually be delivered on a lorry with a tail-lift and delivered to your driveway on a pallet truck. A Firebowl will come  protected  in an export crate measuring approximately from 1000mm x 1000mm x 400mm . It can usually be delivered on a lorry with a tail-lift and delivered to your driveway on a pallet truck. (2) Outdoor kitchens & Pergolas: A Kitchen will come ready-assembled and  protected  in export crates measuring approximately from 2000mm-3200mm in length x 700mm wide x 1040mm in height. If less than 2000mm in length, it can usually be delivered on a lorry with a tail-lift and delivered to your driveway using a pallet truck.  A Pergola will come partly pre-assembled and will be  protected  in export crates measuring approximately from 3000mm-60000mm in length x 1000mm wide x 1000mm in height. If less than 2000mm in length, a crate can usually be delivered on a lorry with a tail-lift and delivered to your driveway using a pallet truck, but this is unusual.  (3) All products: If any crate is longer than 2000mm a tail-lift cannot usually be used, so the delivery lorry will be a curtainsider or low-loader. Mechanical handling will be required to unload the delivery from the vehicle. Often, your site contractor will have the necessary manpower and handling equipment on site to do this. If not, this must be arranged by you in time for the delivery. Please ensure you have the space to receive the delivery lorry and the crate(s). It will be your responsibility to remove the packaging, remove the product(s) from the crate(s) and carry it/them into position - and to then discard the packaging. The courier will need to easily access your driveway:

(1) If you are based in a city, please ensure there are no:

• Daytime restrictions for delivery vehicles

• Parking restrictions

• Weight limits

• Time limits

• Bus lanes

• Pedestrian only areas
   

(2) If you live in the country, please ensure there are no:

• Overhanging trees or obstructions

• Soft or uneven surfaces

• Narrow lanes to restrict access to a large vehicle

• Narrow lanes to restrict a large vehicle from turning

 

The delivery courier operates under a kerbside delivery policy which means that the driver is under no obligation to move to or unpack the products inside of the property. It will be delivered “kerbside” to your driveway. When unloading any product from the vehicle, the driver cannot be expected to move a product on a pallet truck over uneven, sloping, shingled, or graveled surfaces. Please ensure there is easy and level access to your driveway. Additional surcharges may apply if the delivery address is outside of mainland England or you would like an upgraded delivery service (see below). For Shipping upgrades please contact our Logistics Support team via email or telephone after you have paid for your order, to arrange a shipping upgrade:

Alex@urban-outdoors.co.uk or call 07956 080276

Someone must be at the delivery address to sign for the delivery.

Please take time to unpack and inspect the delivery or have someone you trust to do it for you. 

NOTE: DO NOT SIGN FOR YOUR DELIVERY WITHOUT CHECKING IT FOR DAMAGE FIRST.

If any damage has been caused during shipping, you MUST make a note of this on the delivery note, hand it to the driver, keep your copy - and immediately notify Logistics Support as above. By signing the delivery receipt WITHOUT noting damage, you have legally acknowledged receiving the goods in perfect condition and you are providing the carrier with a clean receipt. This mitigates your chance to prove the goods were damaged before arriving at your premises and you could be left with no recourse for a damaged product. 8.8 Premium Delivery & assembly service: Generally, our products are supplied as part of a larger project and purchasers will have work people on site. But perhaps the landscapers or builders have already finished their part of the project and a kerbside delivery may not be suitable for you without making other unloading arrangements such as hiring a fork truck. As an alternative, we offer a third party Two-Man Premium Delivery & Assembly Service where they will seek to meet the courier, mechanically offload the products and then assemble the products at the purchaser's property - this is a popular option for many purchasers. The technicians are qualified to connect to energy and water services. The team will meet the purchaser or the contractor on site to view the location of the energy/water/drainage supplies and confirm them to be suitable, before scheduling an installation date. Please note that this service may delay your delivery slightly. Due to the high demand for our Premium Services, please allow 14-21 working days for delivery.

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9 RISK & PROPERTY 9.1 Risk of damage to or loss of the Products shall pass to the Purchaser, End User or Consumer. 9.1.1 In the case of Products to be delivered to the Purchaser, End User or Consumer’s premises, at the time when the Company notifies the Purchaser that the Products are available for collection    9.1.2 In the case of Products to be delivered otherwise than at the Company’s premises, at the time of delivery to the carrier appointed by the Purchaser, End User or Consumer9.2 Notwithstanding delivery and passing of risk in the Products, or any other provision of these conditions, the property in the Products shall not pass to the Purchaser, End User or Consumer until the Company has received in cash or cleared funds payment in full the price of the Products and all other Products agreed to be sold by the Company to the Purchaser, End User or Consumer for which payment is then due.9.3 The Purchaser hereby grants to the Company a lien over any Products which it purchases at a discounted price and uses for display purposes.9.4 Until such time as the property in the Products passes to the Purchaser, End User or Consumer, the Purchaser, End User or Consumer shall hold the Products as the Company's fiduciary agent and bailee, and shall keep the Products separate from those of the Purchaser, End User or Consumer and third parties and properly stored, protected and insured and identified as the Company's property, but the Purchaser shall be entitled to resell or use the Products in the ordinary course of its business.9.5 Until such time as the property in the Products passes to the Purchaser (and provided the Products are still in existence and have not been resold), or, in the case of display Products, while such Products remain subject to a lien, the Company shall be entitled at any time to require the Purchaser to deliver up the Products to the Company and, if the Purchaser fails to do so forthwith, to enter upon premises of the Purchaser or any third party where the Products are stored and repossess the Products.9.6 The Purchaser shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Company, but if the Purchaser does so all moneys owing by the Purchaser to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.



10 WARRANTIES AND LIABILITY 10.1 Subject to the conditions set out below the Company warrants that the Products will correspond with their specification (as set out in clause 4 above) at the time of delivery and will be free from defects in material and workmanship for a minimum period of 15 months from the date of delivery to the Purchaser or whatever period of time is allowed in the separate Warranty Conditions here.
10.2 The above warranty is given by the Company subject to the following conditions and conditions of Delivery (Clause 7, above), payment and the specific conditions relating to certain products set out in Schedule 2:10.2.1 The Company shall be under no liability in respect of any defect in the Products arising from any drawings, design or specification supplied by the Purchaser;10.2.2 The Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration or repair of the Products without the Company’s approval.10.2.3 The Company shall be under no liability in respect of any defect if it has been sold or delivered outside of the Purchaser’s agreed sales territory which may be amended from time to time.10.2.4 The Company shall be under no liability under the above warranty (or any other warranty, condition or guarantee which can be lawfully excluded) if the total price for the Products has not been paid by the due date for payment;10.2.5 The above warranty does not extend to parts, materials orequipment not manufactured by the Company, in respect of which the Purchaser shall only be entitled to the benefit of such warranty or guarantee as is given by the manufacturer to the Company 10.2.6 The Company may require the Purchaser to assist in the provision of warranty support in the event of a warranty claim by an End User or Consumer. In this case, the Company will reimburse the Purchaser’s reasonable costs previously agreed in writing by the Company. 10.3 Subject as expressly provided in these conditions, and except where the Products are sold to a person dealing as a End User (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 10.4 Where the Products are sold under a End User transaction (as defined by the End User Transactions (Restrictions on Statements) order 1976 the statutory rights of the Purchaser are not affected by these conditions. 10.5 Any claim by the Purchaser, End User or Consumer which is based on any defect in the quality or condition of the Products or their failure to correspond with specification shall (whether or not delivery is refused by the Purchaser, End User or Consumer) be notified to the Company within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Purchaser, End User or Consumer does not notify the Company accordingly, and give the Company a reasonable opportunity to examine such defect, the Purchaser, End User or Consumer shall not be entitled to reject the Products and the Company shall have no liability for such defect or failure, and the Purchaser, End User or Consumer shall be bound to pay the price as if the Products had been delivered in accordance with the Contract. 10.6 Where any valid claim in respect of any of the Products which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these conditions, the Company shall be entitled to replace the Products (or the part in question) free of charge or, at the Company’s sole discretion, refund to the Purchaser, End User or Consumer the price of the Products (or a proportionate part of the price) but, save in respect of death or personal injury caused by the Company’s negligence, the Company shall have no further liability to the Purchaser, End User or Consumer. 10.7 Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Purchaser, End User or Consumer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect special or consequential loss or damage (whether for loss of profit or otherwise), costs expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Products or their use or resale by the Purchaser, End User or Consumer  and the entire liability of the Company under or in connection with the contract shall not exceed the price of the Products, except as expressly provided in these Conditions. 10.8 The Company shall not be liable to the Purchaser, End User or Consumer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Products, if the delay or failure was due to any cause beyond the Company’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control 10.8.1 Act of God, explosion, flood, tempest, fire or accident:    10.8.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition;  10.8.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;  10.8.4 Import or export regulations or embargoes;  10.8.5 Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or a third party);  10.8.6 Difficulties in obtaining materials, labour, fuel parts or machinery;  10.8.7 Power failure or breakdown in machinery. 10.9 In all cases gas fireplaces must be serviced at least annually by a registered installer in accordance with the instructions provided. In the case of outside fireplaces, annual servicing and cleaning in accordance with the Installation Instructions is paramount to ensure safe and reliable operation. All outside fireplaces should be inspected and cleaned of debris before use.



11 INDEMNITY If any claim is made against the Purchaser that the Products infringe or that their use or resale infringes the patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person, then unless the claim arises from the use of any drawing, design or specification supplied by the Purchaser, the Company shall indemnify the Purchaser against all loss, damages, costs and expenses awarded against or incurred by the Purchaser in connection with the claim, or paid or agreed to be paid by the Purchaser in settlement of the claim, provided that: 11.1 The Company is given full control of any proceedings or negotiations in connection with any such claim; 11.2 The Purchaser shall give the Company all reasonable assistance for the purposes of any such proceedings or negotiations;
11.3 Except pursuant to a final award, the Purchaser shall not pay or accept any such claim, or compromise any such proceedings without the consent of the Company (which shall not be unreasonably withheld);
11.4 The Purchaser shall do nothing which would or might vitiate any policy of insurance or insurance cover which the Purchaser may have in relation to such infringement, and this indemnity shall not apply to the extent that the Purchaser recovers any sums under such policy or cover (which the Purchaser shall use its best endeavours to do);
11.5 The Company shall be entitled to the benefit of, and the Purchaser shall accordingly account to the Company for, all damages and costs (if any) awarded in favour of the Purchaser which are payable by, or agreed with the consent of the Purchaser (which consent shall not be unreasonably withheld) to be paid by, any other party in respect of any such claim;11.6 Without prejudice to any duty of the Purchaser at common law, the Company shall be entitled to require the Purchaser to take such steps as the Company may reasonably require to mitigate or reduce any such loss, damages, costs or expenses for which the Company is liable to indemnify the Purchaser under this clause.



12 INSOLVENCY



12.1 This clause applies if:
12.1.1 The Purchaser makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);

12.1.2 An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Purchaser;

12.1.3 The Purchaser ceases, or threatens to cease, to carry on business;

12.1.4 The Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Purchaser and notifies the Purchaser accordingly.

12.2 If clause 10.1 applies then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Purchaser, and if the Products have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary and if the price is not paid the Company shall be entitled at any time to require the Purchaser to deliver up any Products previously supplied by the Company whether paid for or not to the Company and if the Purchaser fails to do so forthwith, to enter upon premises of the Purchaser or any third party where the Products are stored and repossess such Products.



13 INTERNET POLICY

13.1 The Company takes great care to ensure that its products are made to high standards. The Company recommends in its literature and on its website that End Users view representative products at an authorised Purchaser, for example a professional fireplace retailer, prior to purchase.
13.2 The Company encourages the use of the Internet to promote products but does not believe that the necessary standards of customer satisfaction and safety it sets can be achieved by direct Internet sales outside of the geographical area served by the Purchaser and in any event cannot achieve the ongoing service levels which can be obtained when a End User makes such a purchase from a Purchaser or direct from the Company.
13.3 Accordingly, the Company does not authorise any Purchaser to sell its products directly over the Internet and the Company strongly recommends End Users to be wary of any other website offering product availability on-line, or offering to deliver products outside of their immediate geographical area.
13.4 Where the Purchaser is a professional fireplace retailer, the Purchaser will not receive any warranty support when selling products outside of its sales territory, unless by prior written agreement from the Company.

13.5 The Company will not deliver to any address other than the previously recognised trading address of the Purchaser.13.6 The Company may from time-to-time make special offers available to End Users via its website, but these products will always be delivered to an End User via the nearest Purchaser, such Purchaser being given the usual gross profit margin on the transaction by way of credit to their account by the Company.



14 IN GENERAL

14.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

14.2 No waiver by the Company of any breach of the Contract by the Purchaser, End User or Consumer shall be effective unless made in Writing by the Company and shall not be considered as a waiver of any subsequent breach of the same or any other provision.
14.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
14.4 The Contract shall be governed by the laws of England, and the Purchaser, End User or Consumer agrees to submit to the non-exclusive jurisdiction of the English courts.



15 PRIVACY & COOKIES

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We use the information you may provide to us to:Enable you to share your information and communicate with our approved local resellers (Purchasers), administer your account with us (if any) and customise the service we provide to you; and to Send you technical, service or promotional communications via email

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You can control your messaging preferences by unsubscribing at any time. We do not sell, rent, or otherwise provide personally identifiable information to third parties without your consent except where it is necessary to carry out your instructions (to process your payment information, for example).

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Please note that in order to fulfill your requests for paid services, we may share your payment information with our payment processor.

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or to improve the user experience, as well as to provide information to the owners of the site.

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One of the cookies we use is essential for parts of the site to operate and has already been set. You may delete or block all cookies from this site through your browser settings, however doing so will result in some parts of the site not working. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them visit www.allaboutcookies.org. The cookie settings on this website are set to ‘allow all cookies’ to give you the best user experience and to allow all areas of the website to function. For more information and to change your cookie settings visit your browser's 'Settings' or 'Tools' page.

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16. COMPLAINTS
 
It is our objective to ensure that every client is delighted with the services that they receive from us. That is our mission.
However, you have the right to lodge a complaint if something has gone wrong with the process..
 
We do recognise that on occasion things can go wrong. If this does happen we will try to ensure we put any issue right at the earliest opportunity. This procedure advises how to bring things to our attention if you are not happy about the service that you have received.
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We will ensure that all complaints are followed through, documented and when appropriate action is taken to prevent a recurrence.
 
The quickest and most effective way of resolving any problem is to bring it to our attention immediately by email. Please raise your concern with a Director. He or she will listen carefully to your concerns and do what they can to correct any problems - please use info@urbanfires.co.uk. We aim to respond within two working days.
 
If you do not feel comfortable or you are not able to do so, you can advise us of your concern by completing a complaint form (these are available by email) or by writing to us. Please provide as much detail as possible, including details of the installation or delivery address.
 
All written complaints should be sent direct to the complaints administrator at the following address:
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The Sales Director
Urban Outdoor Living LLP
27 Old Gloucester Street

London

WC1N 3AX

 
After receiving your written complaint it will be recorded on our computer system and documented. We will acknowledge your complaint either by telephone or by writing (email or SMS message) within 14 working days.

 

17. PRIVACY POLICY

 

This policy explains how Urban Outdoors uses the personal information collected from you for the operation of our business. It also describes how long that information is kept for and the very limited circumstances in which we might disclose it to third parties.

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Personal details that we hold:

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Urban Outdoors holds two types of personal information which allows us to run the business effectively:

1. Customer provided information: customers' contact details and payment preferences are used to administer accounts and payments for services.

2. Customer contact records – Records of calls, emails and postal interactions with our website and call centre are maintained for audit, training and service improvement purposes.

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Length of time information will be held:

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In order to comply with the General Data Protection Regulations, your details will only be kept for the shortest time required. This will vary according to the type of data
being held.

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How to access your personal data:

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If you wish to see full details of the information we hold in connection with you, you will need to make a subject access request under the General Data Protection Regulations.

To initiate a subject access request:

email: info@urban-outdoors.co.uk

Keeping your details secure:

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Urban Outdoors stores all of our information in a secure server where it is protected by the latest firewall and anti-virus technology.

Your data will not be sent overseas as part of the normal operation of our business.

We do not store entire credit/debit card numbers, nor do we keep records of the security code of customers' credit or debit cards. These details may be requested during the processing of specific transactions.

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Sharing personal information:

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Urban Outdoors may pass your enquiry to its agent or distributor in another country if that is an appropriate method to best serve you.

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Urban Outdoors may contact you about our related services and promotions connected to the operation of our business.

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Urban Outdoors have fully committed to adherence of the General Data Protection Regulations (GDPR) following implementation on the 25 May 2018.

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In relation to our collection and processing of personal data, please see the below information:

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Section 1 – Collection of Data

Urban Outdoors will be the data controller and the contact details for the company are:
Data Protection Officer: Tony Young
Email: info@urban-outdoors.co.uk

Collected data will be stored within secure electronic records management systems, with the system being dependant on the nature of information. Urban Outdoors will store any correspondence from you in a correspondence recording system.

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Section 2 – Processing of Data

Personal data will be stored for the shortest time necessary in order to manage the business, including payments, account management, warranty and future enquiries. Our retention timescales are quoted in our Privacy Policy.
Under the GDPR you have the following rights to request information from the company:

• Right of access to the data (Subject Access Request)
• Right for the rectification of errors
• Right to erasure of personal data (please note, this is not an absolute right)
• Right to restrict of processing or to object to processing
• The right to portability.

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Processing isn’t based on receiving your consent; however, we must inform you that you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. If your consent is
withdrawn,

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You have the right to lodge a complaint with a supervisory authority (in the UK that is the Information Commissioners Office). If we are to process the personal data we hold for a purpose other than that for which it was originally collected, then we will provide the you with information on what that other purpose is prior to that further processing taking place. The extra information will include any relevant further information as referred to above including the right to object to that further processing.

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WARRANTY TERMS AND CONDITIONS & OTHER INFORMATION

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Continued as Terms & Conditions of Warranty