NOTICE TO CONSUMERS: THESE TERMS AND CONDITIONS OF SALE CONTAIN IMPORTANT TIME LIMITS WHICH YOU MUST COMPLY WITH IN THE EVENT THAT YOU ARE UNHAPPY WITH ANY OF THE GOODS SUPPLIED TO YOU BY US. IT IS THEREFORE ESSENTIAL THAT YOU READ AND UNDERSTAND THESE TERMS AND CONDITIONS.
DEFINITIONS AND INTERPRETATION
1.1 In these Conditions (unless the context otherwise requires), the following words and phrases shall have the following meanings:
1.2 "Affiliates" means in relation to Embers Bristol Ltd any group undertaking of Embers Bristol Ltd, where group undertaking has the meaning given to it in section 1161(5) of the Companies Act 2006 (as amended).
"Conditions" means these terms and conditions of sale.
"Consumer" shall have the same meaning as set out in the Unfair Terms in Consumer Contract Regulations 1999.
"Contract" means a contract for the sale of Goods made by or on behalf of the Supplier with a Customer in accordance with these Conditions.
"Customer" means a person to whom the Supplier supplies or is to supply Goods pursuant to a Contract.
"Distance Contract" shall have the same meaning as se out in the Consumer Protection (Distance Selling) Regulations 2000.
"Goods" means the goods which the Supplier supplies pursuant to a Contract.
"Order" means an order in writing for the Goods received by the Supplier from the Customer.
"Supplier" means Embers Bristol Ltd a company registered in England and Wales under number 07429042 whose registered office is at 6 West Park, Clifton, Bristol BS8 2LT or one of its Affiliates as stated in the Contract.
"Working Day" means any day from Monday to Friday (inclusive) which is not Christmas Day, Good Friday or a statutory holiday.
1.3 In these Conditions (unless the context otherwise requires):
1.3.1 construction of these Conditions shall ignore the headings (all of which are for reference only);
1.3.2 any reference to any legislative provision shall be deemed to include any subsequent re-enactment or amending provision; and
1.3.3 in the event that any provisions of the Contract conflict with these Conditions then the provisions of the Contract shall prevail.
2.1 These Conditions shall govern and be incorporated into every Contract, and shall prevail over any terms or conditions (whether or not inconsistent with these Conditions) contained or referred to in any correspondence, Order, documentation submitted by the Customer or elsewhere or implied by custom, practice or course of dealing. Where the Customer is dealing as a Consumer and wishes to rely on any variation to these Conditions, then the Customer must ensure that such variation is notified to and agreed by the Supplier in writing before requesting delivery of the Goods.
2.2 The Customer's acceptance of delivery of the Goods shall (without prejudice to Condition 3 or any other manner in which acceptance of these Conditions may be evidenced) constitute unqualified acceptance of these Conditions.
2.3 All samples, descriptive matter, specifications and advertising issued by the Supplier or displayed on the Supplier's Website and any descriptions or illustrations contained in the Supplier's advertising materials are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.
QUOTATIONS AND ACCEPTANCE
3.1 A quotation by the Supplier does not constitute an offer and the Supplier reserves the right to revise a quotation prior to acceptance of an Order.
3.2 In the case of a business Customer, the Supplier's acceptance of any Order shall be effective only where such acceptance is in writing on the Supplier's order acceptance form and signed by an authorised representative of the Supplier or, if earlier, the Supplier delivers the Goods to the Customer.
3.3 Where the Customer is dealing as a Consumer, any quotation or estimate given by the Supplier is an invitation to the Customer to make an offer only. The offer of delivery by the Supplier will constitute a counter offer subject to these Conditions and acceptance of delivery by the Customer will amount to acceptance of the counter offer made by the Supplier under these Conditions.
3.4 Estimates are based on Embers Bristol Ltd’s current material costs and unless otherwise agreed in writing, are subject to amendment to meet any rise or fall in such costs that have taken place by the time of installation.
3.5 During a site survey we will need to take photographic evidence for our records in order to complete the estimate.
3.6 After the stove has been installed, and occasionally during the installation, we will take photographs for our records and as evidence.
3.7 We reserve the right you use our photographs of finished installations for marketing purposes and share on social media platforms.
3.8 We may also occasionally use the survey photographs for marketing purposes and share on social media platforms.
3.9 Photographs will remain anonymous and no personal data will be given. If you would not like us to use these photographs for marketing purposes please let us know in writing on acceptance of the quotation.
4.1 This Condition 4 only applies where the Customer is purchasing Goods from the Supplier via www.embersbristol.com. the ('Supplier's Website').
4.2 The Supplier's Website is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside those countries.
By placing an order on the Supplier's Website, you warrant that; you are legally capable of entering into binding contracts, you are at least 18 years old and you are resident in the United Kingdom.
4.4 The display of Goods for sale on the Supplier's Website is an invitation to the Customer to make an offer. By completing and submitting the electronic order form on the Supplier's Website the Customer is making an offer to purchase the Goods, which if accepted by the Supplier, will result in a binding contract.
4.5 Upon receipt of the Customer's order form the Supplier will send an acknowledgment of receipt of the offer. This does not mean that the offer has been accepted. All orders are subject to acceptance by the Supplier and we will confirm such acceptance to you by sending you an email that confirms that the order has been despatched. The Contract between us will only be formed when we send you the despatch confirmation.
4.6 Applicable laws require that some of the information or communications we send to you should be in writing. When using the SupplierÕs Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
4.7 Payment for all Products must be by credit or debit card. The Supplier accepts payment by VISA, Mastercard, Maestro and Solo. A credit card fee of £1.99 will be payable on all transactions under £50.00.
4.8 The Customer's card will be debited once payment details are submitted, however, this does not mean that the Customer's offer has been accepted. The Customer's card will be credited with a full refund if the offer is refused.
4.9 If the Customer is purchasing goods from the Supplier's Website and there is any conflict between this Condition 4 and any other provision detailed in these Conditions, this Condition 4 will take precedence.
5.1 In the case of a business Customer:
5.1.1 The dates mentioned in any quotation, Order, acceptance form or elsewhere for delivery of the Goods are approximate only and time for delivery is not of the essence and shall not be made so by the service of any notice. The Supplier accepts no liability for failure to deliver on or by a particular date or dates; and
5.1.2 The Supplier will have fulfilled its contractual obligations in respect of each delivery of Goods provided that the quantity actually delivered is not more than 10% more or less than the quantity specified in the Contract. The Customer shall pay for the actual quantity delivered.
5.2 Where the Customer is dealing as a Consumer:
5.2.1 the Supplier will use reasonable endeavours to deliver the Goods within the agreed timescale (or, if none has been agreed, within 14 days of the day after the Customer's Order). However, the Supplier cannot be held responsible for delays due to Force Majeure Events as defined in Condition 17. If the Goods are not supplied within 14 days and a revised date for delivery cannot be agreed then provided that one of the aforementioned events has not occurred, the Customer will be able to cancel the Contract without penalty and will be refunded any monies paid under the Contract within a period of 14 days from such cancellation; and
5.2.2 if the Supplier delivers more of the Goods than are specified in the Contract, then the Customer may refuse to accept any excess Goods and shall pay only for the actual quantity ordered.
5.3 The Supplier will deliver the Goods to the location specified in the Contract or as otherwise agreed with the Supplier.
5.4 The cost and estimated date of delivery will be specified in the Contract and will depend on the delivery location and the size of the Order. Please see the Shipping and Returns section of the SupplierÕs Website for details of our Free Delivery Zone. A minimum delivery charge of £5 will be included on all orders under £50.
5.5 The Customer is solely responsible for ensuring that the delivery of the Goods can be made safely without injury or damage to any person or property, and for unloading the Goods at the point of delivery. Unless otherwise agreed in writing by the Supplier, the Customer shall unload the Goods immediately on their arrival at the place of delivery. The Customer shall indemnify the Supplier against each loss, liability and cost arising as a result of the Supplier on it subcontractors assisting the Customer in the unloading, loading or other removal of the Goods from the point of delivery.
5.6 The Customer shall upon delivery arrange for an authorised representative to sign the delivery note and such delivery note shall constitute absolute proof of delivery. If no such signature can be obtained the Goods may not be delivered and if so shall be deemed to have been refused under the provisions of Condition 5.7. Where a date and time for delivery has been agreed with the Customer, and either:
5.6.1 the Customer fails to take delivery on the agreed date and time and in accordance with this Condition or
5.6.2 the Supplier is unable to complete the delivery of the Goods, due to conditions at the Customer's premises being unsafe, in the reasonable opinion of the delivery driver, having due regard to all the circumstances, the supplier shall be entitled to recover from the Customer the cost of re-delivering the same goods
5.7 If the Customer refuses or fails to take delivery of Goods delivered in accordance with a Contract or fails to take any action necessary on its part for delivery or shipment of the Goods:
5.7.1 in the case of a business Customer, the Supplier is entitled to terminate the Contract with immediate effect; or
5.7.2 where the Customer is dealing as a Consumer, the Supplier shall attempt to arrange another date for delivery with the Customer, but if the Customer again refuses or fails to take delivery of the Goods, the Supplier shall be entitled to terminate the Contract on reasonable notice to the Customer, and the supplier may then dispose of the Goods as the Supplier may determine and recover from the Customer any loss or additional costs incurred as a result of such refusal or failure (including, without limitation, storage costs from the due date of delivery.
5.8 Unless otherwise expressly agreed, the Supplier may effect delivery in one or more installments. If delivery is effected by installment, each installment shall be treated as a separate Contract and no cancellation or termination of any one Contract relating to an installment shall entitle the Customer to repudiate or cancel any other Contract or installment.
RISK AND TITLE - BUSINESS CUSTOMERS
6.1 Risk for the Goods passes on delivery but title to the Goods (whether separate and identifiable or incorporated in or mixed with other goods) remains with the Supplier until the Customer pays to the Supplier:
6.1.1the agreed price for the Goods (together with any accrued interest at the rate specified in Condition 9.5); and
6.1.2all other amounts which are or which become due to the Supplier from the Customer on any account.
6.2 Until title to the Goods passes to the Customer under Condition 6.1, the Customer shall:
6.2.1 hold the Goods on a fiduciary basis as the Supplier's bailee;
6.2.2 store the Goods (at no cost to the Supplier) separately from all other goods and readily identifiable as the property of the Supplier;
6.2.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
6.2.4 maintain the Goods in satisfactory condition; and
6.2.5 not attach the Goods to any other property without the Supplier's consent.
6.3 If the Customer resells any Goods in which title has not passed to the Customer, such resale shall be in the ordinary course of the Customer's business at full market value.
6.4 At any time before title to the Goods passes to the Customer (whether or not any payment to the Supplier is then overdue or the Customer is otherwise in breach of any obligation to the Supplier), the Supplier may (without prejudice to any other of its rights):
6.4.1 retake possession of all or any part of the Goods and enter any premises for that purpose (or authorise others to do so) which the Customer hereby authorises;
6.4.2 require delivery up to it of all or any part of the Goods.
6.5 The Supplier may at any time appropriate sums received from the Customer as it thinks fit, notwithstanding any purported appropriation by the Customer.
6.6 The Customer grants the Supplier, its agents and employees and irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them or where the Customer's right to possession has terminated, to recover them.
6.7 From the time of delivery until title in the Goods passes to the Customer in accordance with Condition 6.1, the Customer shall insure the Goods for their full value with a reputable insurer and, if the Supplier so requests, ensure that the Supplier's name is noted on the insurance policy. Until title in the Goods passes to the Customer, the Customer shall hold the proceeds of any claim on such insurance policy on trust for the Supplier and shall immediately account to the Supplier with the proceeds.
6.8 On termination of the Contract, howsoever caused, the Supplier's (but not the Customer's) rights contained in this condition 6 shall remain in effect.
RISK AND TITLE - CONSUMER TRANSACTIONS
7.1 Risk for the Goods passes on delivery but title to the Goods (whether separate and identifiable or incorporated in or mixed with other goods) remains with the Supplier until the Customer pays to the Supplier the agreed price for the Goods (together with any accrued interest at the rate specified in Condition 9.3).
7.2 The Supplier may at any time appropriate sums received from the Customer as it thinks fit, notwithstanding any purported appropriation by the Customer.
8.1 The price to be paid by the Customer to the Supplier for any Goods will be the prices ruling at the time of despatch. For the avoidance of doubt, unless specifically stated otherwise, prices do not include delivery charges but do include VAT. We will normally verify prices as part of our despatch procedures so that where a productÕs correct price is less than the price stated at the time of the CustomerÕs order, we will charge the lower amount when despatching the Goods to you. If a productÕs correct price is higher than the price stated at the time of the CustomerÕs order, we will normally, at our discretion, either contact you for instructions before despatching the Goods or reject your order and notify you of such rejection.
8.2 The Supplier is under no obligation to provide the product to you at a lower price, even after we have sent you a despatch confirmation where there has been a pricing error and the error is obvious and unmistakeable and should reasonably have been recognised by the Customer as a mis-pricing. Where the Customer is dealing as a Consumer, in the event that the price of the Goods at the date of despatch is more than the price of the Goods on the date of the Supplier's acceptance of the Order, the Customer shall be entitled to cancel the Contract with immediate effect.
8.3 The Supplier may at any time prior to delivery of the Goods:
8.3.1 withdraw any discount from its normal prices; and/or
8.3.2 revise prices to take account of increases in costs including, without limitation, the cost of any goods, raw materials, transport, labour or overheads, the increase or imposition of any tax, duty or other levy and any variation in exchange rates.
9.1 The Customer shall make all payments due to the Supplier under any Contract by cash on the date of the acceptance of the Order. In some circumstances, to be agreed between the Customer and the Supplier, only a deposit of 50% of the total contract price will be payable on acceptance of the order. Where applicable, details will be set out in the Contract.
9.2 The Customer is not entitled to withhold payment of any amount due to the Supplier by way of any set-off or counterclaim.
9.3 If the Customer fails to pay any amount due to the Supplier under any Contract on the due date, interest shall be added to such amount at the rate of 4% (four per cent) per annum over the base rate for the time being of the National Westminster Bank plc for the period from and including the date of receipt (whether before or after judgment).
9.4 If, in the Supplier's view, the Customer's credit-worthiness deteriorates before delivery of the Goods and the contract price has not been paid in full in advance, the Supplier may require payment in full or in part of the price prior to delivery, or the provision of security for payment by the Customer in such form as is acceptable to the Supplier.
9.5 The Supplier may offset any amount owing to it from the Customer against any amount owed to the Customer by the Supplier.
9.6 Notwithstanding any appropriation by the Customer to the contrary, all payments made by the Customer to the Supplier shall be appropriated first to Goods which have been resold by the Customer and then to Goods which remain in the Customer’s possession or control.
10.1 The Subject to Conditions 12.4, the Supplier reserves the absolute right to refuse to accept the return of any Goods (where such return is not as a result of the Goods being defective) but shall have the discretion to accept the return of Goods from the Customer and refund the appropriate cost of the Goods (less a minimum restocking charge of 25% of the cost of the Goods) if such return is supported by the invoice number or delivery note number of the Goods in question.
10.2 In the case of a business Customer, in order for the Supplier to accept the return of any Goods, such Goods must be:
10.2.1 in a re-saleable condition;
10.2.2 within the relevant shelf life for such Goods; and
10.2.3 complete as sold, in unopened, full and original packaging.
10.3 For the avoidance of doubt, where the Customer is dealing as a Consumer, nothing in this Condition 9 shall in any way affect the Customer's statutory rights under relevant consumer legislation from time to time, nor the Customer's right to exercise the Cancellation Right under Condition 12.4.
WARRANTY AND LIABILITY
11.1 The Supplier warrants that the Goods will upon delivery:
11.1.1 comply with their specification, be of satisfactory quality and be reasonably fit for all the purposes for which products of the kind are commonly supplied and
11.1.2 be substantially free from defects in materials and workmanship.
11.2 The warranties in Condition 11.1 are given on the condition that the Supplier is not liable for a defect in the Goods:
11.2.1 caused by fair wear and tear, abnormal or unsuitable conditions of storage or use or an act, neglect or default of the Customer or a third party;
11.2.2 if the Customer makes any further use of such Goods after notifying the Supplier of the defect; or
11.2.3 unless it is notified to the Supplier:
11.3 The Supplier is not liable for:
11.3.1 non-delivery of Goods unless the Customer notifies the Supplier of the claim within 14 Working Days of the date of the Supplier's invoice where the Customer is dealing as a Consumer;
11.3.2 shortages in quantity delivered in excess of those permitted by Condition 5.2 unless the Customer notifies the Supplier of a claim within 7 Working Days of receipt of the Goods where the Customer is dealing as a Consumer;
11.3.3 damage to or loss of all or part of the Goods in transit (where the Goods are carried by the Supplier's own transport or by a carrier on behalf of the Supplier) unless the Customer notifies the Supplier within 7 Working Days of receipt of the Goods where the Customer is dealing as a Consumer.
11.4 Except as set out in this Condition 11, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, use of or failure to supply the Goods are excluded to the extent permitted by law.
11.5 Subject to the provisions in Condition 11.7 below, the Supplier is not liable to the Customer in contract, tort (including negligence or breach of statutory duty) misrepresentation or otherwise for any of the following losses or damages, whether direct or indirect, and even if such losses and/or damages were foreseen, foreseeable or known, or the Supplier was advised of the possibility of them in advance:
11.5.1 loss or damage incurred by the Customer as a result of third party claims;
11.5.2 loss of actual or anticipated profits;
11.5.3 loss of business opportunity;
11.5.4 loss of anticipated savings;
11.5.5 loss of goodwill; or
11.5.6 any indirect, special or consequential loss or damage howsoever caused.
11.6 The entire liability of the Supplier under or in connection with the use of, supply of or failure to supply the Goods, whether for negligence, breach of contract, misrepresentation or otherwise, is limited, in respect of each event or series of connected events, to the net amount invoiced to the Customer for the defective, damaged or undelivered Goods which gave rise to such liability.
11.7 Nothing in these Conditions shall operate to exclude or restrict the Supplier's liability for:
11.7.1death or personal injury resulting from negligence;
11.7.2breach of the obligations arising from section 12 of the Sale of Goods Act 1979;
11.7.3fraud, fraudulent misrepresentation or deceit;
11.7.4in the case of a Customer dealing as a Consumer, losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
11.7.5any other liability which cannot be excluded or restricted at law.
12.1 On or at any time after the occurrence of any of the events in Condition 12.2, the Supplier may:
12.1.1 stop any Goods in transit;
12.1.2 suspend further deliveries to the Customer;
12.1.3 exercise its rights under condition 6
12.1.4 terminate any Contract forthwith by giving notice to that effect to the Customer.
12.2 The events are:
12.2.1 the Customer being in material breach of any obligation under a Contract or these Conditions;
12.2.2 a meeting being convened, a petition presented, an order made, an effective resolution passed, or notice given for the Customer's winding up or dissolution (other than for the sole purpose of amalgamation and reconstruction); or
12.2.3 an application being made, or resolved to be made by any meeting of the Customer's directors or members, for an administration order in relation to it or any party gives or files notice of intention to appoint an administrator of it or such an administrator being appointed; or
12.2.4 an incumbrancer taking possession, or a receiver or manager or administrative receiver being appointed, of the whole or any part of the Customer's assets; or
12.2.5 the Customer ceasing or suspending payment of any of its debts or being unable to pay its debts as they fall due within the meaning of section 123 of the Insolvency Act 1986; or
12.2.6 a proposal being made for a composition in satisfaction of the Customer's debts or a scheme or arrangement of its affairs including a voluntary arrangement within the meaning of part I of the Insolvency Act 1986.
12.3 On termination of a Contract pursuant to Condition 12.2 or 17.2, any indebtedness of the Customer to the Supplier shall become immediately due and payable and the Supplier is relieved of any further obligation to supply Goods to the Customer pursuant to that Contract.
12.4 Notwithstanding any other rights of the Customer to terminate the Contract under these Conditions, in the case of a Distance Contract where the Customer is dealing as a Consumer, the Customer shall have the right to cancel the Order for seven Working Days following delivery of the Goods by the Supplier ("Cancellation Right").
12.5 The exercise of the Cancellation Right by the Customer will only be effective to terminate the Contract if written notice of the exercise of the Cancellation Right is received by the Supplier within seven Working Days of delivery of the Goods.
12.6 Following the exercise of the Cancellation Right, the Customer must ensure that all Goods delivered under the Contract are returned to the Supplier within 30 days. The Customer is responsible for the cost of returning the Goods, and the Supplier reserves the right to charge the Customer for the cost of recovering any Goods from them.
CONFIDENTIALITY AND SPECIFICATIONS
13.1 The Customer shall treat all product, customer or business information, drawings, designs and specifications submitted to it by the Supplier as confidential and shall not disclose them to any third party without the Supplier's prior written consent or use them for any purpose except where authorised to do so by the Supplier.
13.2 Condition 13.1 does not apply to information which
13.2.1is at the date of disclosure or becomes at any time after that date publicly known other than by the Customer's breach of this Condition;
13.2.2 can be shown by the Customer to the Supplier's satisfaction to have been known by the Customer before disclosure by the Supplier to the Customer;
13.2.3 is or becomes available to the Customer otherwise than from the Supplier and free of any restrictions as to its use or disclosure;
13.2.4 is required to be disclosed by law.
13.3 All drawings, designs, specifications and other particulars of dimensions or weight submitted by the Supplier are approximate only and the Supplier accepts no liability for any deviation from them, nor for any errors, omissions or other defects in any such materials not prepared by the Supplier.
14.1 The Customer will dispose of all packaging in accordance with all regulations (whether statutory or otherwise) relating to the protection of the environment.
14.2 The Supplier is entitled to invoice, and the Customer will pay, for the cost of all packaging materials unless they are stated to be returnable and the Customer returns them to the Supplier carriage paid in good condition within 30 Working Days of the date of receipt by the Customer.
LICENCES AND CONSENTS
15.1 If a licence or consent of any government or other authority is required for the supply, carriage or use of the Goods by the Customer, the Customer will obtain such licence or consent at its own expense and produce evidence of it to the Supplier on demand.
15.2 The Customer is not entitled to withhold or delay payment of the price if it fails to obtain any licence or consent, and will pay any additional costs or expenses incurred by the Supplier as a result of such failure.
15.3 The Customer is responsible for the use of the correct solid fuels for a smoke controlled area, Upon receiving delivery of an items it is the Customers responsibility to ensure they meet the government requirement for the use of these products.
HEALTH AND SAFETY
16.1 The Customer will take any steps specified by the Supplier from time to time to ensure that the Goods will be safe and without risks to health at all times when they are being stored, used, cleaned or maintained by any person at work, or when they are being handled or disposed of, however it shall be the Customer's sole responsibility to ensure that it obtains all necessary information in order to deal with the Goods in a safe and appropriate manner.
17.1 In this Condition 17, "Force Majeure Event" means any circumstance beyond the control of the Supplier including, but not limited to acts of God, fire, explosion, adverse weather conditions, epidemic, flood, earthquake, terrorism, riot, civil commotion, war, hostilities, strikes, work stoppages, slow-downs or other industrial disputes, accidents, acts of government, lack of power and delays by suppliers or materials shortages but, for the avoidance of doubt, nothing shall excuse the Customer from any payment obligations under these Conditions.
17.2 If the Supplier is prevented, hindered or delayed from or in supplying the Goods under these Conditions by a Force Majeure Event:
17.2.1 the Supplier may, at its sole option, and without being liable for any loss or damage suffered by the Customer as a result:
220.127.116.11 suspend deliveries while the Force Majeure Event continues;
18.104.22.168 apportion available stocks of Goods between its customers if the Supplier has insufficient stocks to meet orders; and
17.2.2 both the Supplier and, where dealing as a Consumer only, the Customer, may terminate any Contract forthwith by giving notice to that effect to the other.
18.1 The Customer may not assign or deal in any way with all or any part of the benefit of, or its rights or benefits under, a Contract without the prior written consent of the Supplier.
18.2 The Supplier is entitled at any time to assign or deal with the benefit of any Contract, or sub-contract any work relating to any Contract, but this will not reduce any guarantee to which a Customer dealing as a Consumer is entitled.
19.1Any notice given by one party to the other in connection with a Contract must be in writing and may be delivered personally or by pre-paid first class post and in the case of post will be deemed to have been given 2 Working Days after the date of posting. Notices shall be delivered or sent to the last known addresses of the parties or to any other address notified in writing by one party to the other for the purpose of receiving notices in connection with a Contract. Each party may specify by notice to the other a particular individual or office holder to whom any notices served on it are to be addressed, in which case a notice shall not be validly given unless so addressed.
20.1 If any of these Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other Conditions which shall remain in full force and effect.
20.2 If any of these Conditions is so found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid and enforceable.
21.1 A person who is not party to a Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such Contract. This Condition does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
22.1 The rights and remedies provided by any Contract may be waived only in writing and specifically, and any failure to exercise or any delay in exercising a right or remedy by the Supplier shall not constitute a waiver of that right or remedy or of any other rights or remedies. A waiver of any breach of any of the terms of a Contract or of a default under a Contract shall not constitute a waiver of any other breach or default and shall not affect the other terms of such Contract.
23.1 The Supplier has the right to revise and amend these terms and conditions from time to time. The Customer will be subject to the Conditions in force at the time you place an order with the Supplier, unless any change to these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these Conditions before we send you a despatch confirmation (in which case we have the rights to assume that you have accepted the change to these Conditions, unless you notify us to the contrary within 7 Working Days of receipt by you of the Goods).
23.2 No other variation or alteration of any of the provisions of a Contract or these Conditions shall be effective unless it is in writing and signed by or on behalf of each party.
24.1 These Conditions together with the Contract constitute the entire agreement and understanding between the parties in respect of the matters dealt with in them and supersedes cancels and nullifies any previous agreement between the parties relating to such matters notwithstanding the terms of any previous agreement or arrangement expressed to survive termination.
24.2 Each of the parties acknowledges and agrees that in entering into the Contract it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) other than as expressly set out in these Conditions. The only remedy available to the Customer in respect of any such statement, representation, warranty or understanding shall be for breach of contract under these Conditions.
GOVERNING LAW AND JURISDICTION
25.1 A Contract and any matter arising from or in connection with it shall be governed by and construed in accordance with English law.
25.2 Each party irrevocably agrees to submit to the exclusive jurisdiction of the English courts over any claim or matter arising from or in connection with a Contract or the legal relationships established by or in connection with such Contract.
In no event shall the total liability of Embers Bristol Ltd arising out of or relating to or in connection with this agreement or the subject matter here of exceed the value of this contract.
0117 925 1115
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117-119 St Georges Road,
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