Tel: 01562 824463
By letter Units 7 & 8
Gemini Business Park
Terms and conditions – general
Terms and conditions
Roxanne Trading Terms & Conditions. These Terms & Conditions apply to use of the website castironchimeneas.com. If you do not accept our terms and conditions, do not use our website. The castironchimeneas.com website is operated by:
Roxanne Trading, a company registered in England and Wales
Registered Address: 15-17 Church Street,
Stourbridge, West Midlands, DY8 1LU, UK
Our VAT registration number is GB 05637393
We are not the owners of all the copyright and intellectual property of the products displayed. This includes all images, assembly instructions and advice and recommendations.
You are permitted to print and download items from our website providing:
- it is for your personal use only
- no images or documents are modified in any way
- you don’t infringe our copyright and trade mark notices
You are not permitted to download, print or otherwise use the material for
- commercial applications
- for use on other websites
- for any other activity other than listed above
Breach of these rules will mean that we will withdraw our permission for you to use our website and that you must delete all material from your computer. If you wish to use our material other than stated above, you need to seek our permission in writing. Unless we give permission in writing, no rights are granted.
Access to our website
It is our goal to keep the website available 24/7. However we may experience system failures from time to time or we may decide to suspend the service temporarily without notice to carry out maintenance. In all cases, we will not be liable if the website is unavailable.
You are not allowed to post or transmit to or from our
website, any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial or religious hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful including, without limitation, computer viruses, logic bombs, trojans, worms, harmful components, corrupted data or other malicious software or harmful data.
You may not misuse the Website including, without limitation, by hacking.
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these clauses.
Links to and from other websites
Links to third party websites on this Website are only provided for your convenience and interest. If you use these links, you leave this Website. We do not review and do not control third party websites, and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
If you would like to link to this Website, you may
only do so on the basis that you link to, but do not replicate, the home page
of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of any logos
(b) you do not create a frame or any other browser or border environment around this Website
(c) you do not in any way imply that we are endorsing any products or services other than our own
(d) you do not misrepresent your relationship with us nor present any other false information about us
(e) you do not otherwise use any trade marks displayed on this Website without our express written permission
(f) you do not link from a website that is not owned by you
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
If you breach these terms, we reserve the right to
take appropriate action, including full indemnification if we suffer any loss
or damage as a result of your actions.
While we aim to ensure that the information on this website is correct, we do not give any guarantees as to accuracy. We may make changes to the material on this website, or to the products or prices, at any time and without notice. Some material on this website may be out of date or incomplete, and while we endeavor to keep all information as accurate and as complete as possible, we make no commitment to update or complete such material in any timescale or at all.
The information material on this website is provided “as is” without any conditions, warranties or other terms of any kind.
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
Governing law and jurisdiction
Our terms and conditions are governed by the English laws. Any disputes will be decided by English Courts, no matter where you are located.
We have not checked and are unable to check if the products we offer for sale are lawful in a country other than the UK. Similarly, we are unable to check that the website content is lawful in countries outside the UK. It may be that specific laws in countries other than the UK are different from the UK, and that website material and products that are lawful in the UK are not in other countries.
If you are not located in the UK, it is your responsibility to check compliance of our website, material and products with your local laws. It may be that some of the website content is unlawful or illegal in your country. It may be that some of our products are unlawful or illegal in your country. In any case, if you are located outside the UK, you access this website and purchase products at your own risk and you are responsible to ensure they are compliant with your local laws.
We are not responsible for compliance other than with the UK laws.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect. Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
We update and change our terms and conditions from time to time, by altering the content of our terms and condition page on this website.
These terms supersede any representation made by us or any of our employees or agents.
Terms and conditions relating to the supply of goods (trade pages only)
All orders placed through the website are subject to the normal Roxanne Trading contractual terms and conditions. All products shown on our website are not offers as defined by contract law.
Below are our contractual conditions of sale, as found on our price lists and invoices.
Conditions of Sale
All Goods supplied by Roxanne Trading (herein referred to as the “Company”) are sold to the Purchaser on the following Terms and Conditions:
All prices quoted are direct dispatch unless stated otherwise, inclusive of value added tax, or any other taxes levies or duties which shall be bourne by the Purchaser. Prices may vary following changes in costs.
Payment is required on completion of your order, via any of the means permitted, card or paypal.
All orders received by the Company are subject to acceptance by the Company.
Delivery dates are given in good faith and will be adhered to when possible but no liability will be accepted for subsequent unforeseen delays as times for delivery are estimates only. The Company has the absolute right to select the method and route of carriage of goods.
The Purchaser must notify the Company of any shortages in any Goods delivered within three days of delivery. The Company will either credit the value or replace such Goods.
Legal and beneficial title to the goods shall remain with the Company until such time as the Company has received payment of the purchase price of any other goods or services previously or subsequently supplied by the Company to the Purchaser whereupon such title shall pass to the Purchaser.
Goods supplied shall be at the Purchaser’s risk immediately upon delivery. The Company takes no responsibility for damages during unloading.
8. Product Design
Goods sold may vary in size and appearance and the Company does not guarantee to supply the exact Goods as shown in sales literature. The Company reserves the right to alter or improve any Goods without notice. Should Goods not be available for whatever reason the Company reserves the right to supply similar Goods at the same price. AFC Goods are not guaranteed against frost damage only fire damage/cracking. Cast iron Goods have a guarantee of years.
The Purchaser must carefully inspect the Goods on delivery. In case of transport damage or complaint the Purchaser must contact the Company immediately by email or phone giving details. The Company reserves the right to limit damage claims to a credit note for the value of the damaged Goods. Should the Purchaser fail to give notice within three working days of delivery the Goods shall be deemed to be in all respects in accordance with the contract. Any damaged Goods must be held for inspection and must not be disposed of unless agreed by the Company. Whether damaged Goods are collected after credit or not is at the discretion of the Company. The Purchaser cannot place the Company under any obligation to collect damaged Goods.
Order cancellations must be sent by email within 24hrs of placing the order. It will be dispatched after 24hrs.
All documents prepared by the Company in connection with the manufacture use or sale of any Goods manufactured and supplied by the Company to the Purchaser are the property and copyright of the Company and the Purchaser shall not be entitled either directly or indirectly to make use of such documents save in respect of the maintenance of the particular Goods to which they relate without the prior approval of the Company.
The Company’s liability whether in respect of one claim or in the aggregate arising out of any contract shall not exceed the purchase price payable under the contract. Except as specified in these Conditions no liability is accepted for any direct or indirect costs damages or expenses relating to damage to property or injury or loss to any person firm or company or for any loss of profits or production arising out of or occasioned by any defect in or failure of Goods or materials or parts thereof supplied by the Company.
13. Force Majeure
The Company shall be under no liability for any delay, loss or damage caused wholly or in part by Act of God, Government restriction condition or control or by reason of any act done or not done pursuant to a trade dispute whether such dispute involve the Company’s employees or not or by reason of any other act matter or thing beyond the reasonable control of the Company.
These terms and conditions have precedent over a Purchaser’s conditions written or implied.
More details on specific aspects.
Orders can be placed through the website, but we also accept orders by telephone, email or by letter. Orders can be e-mailed to firstname.lastname@example.org
When an order is placed on the website it is acknowledged by e-mail automatically. This does not signify acceptance by the Company. In case the order has been received by telephone call or letter, no acknowledgement will be issued and the goods will simply be dispatched.
You can change your order at any time before dispatch by advising us by e-mail, or telephone. Orders cannot be changed once the goods have been dispatched.
You can cancel your order at any time before dispatch by advising us by email, fax, or the telephone. There will be no charge for cancelled orders before dispatch. Once your order has been dispatched, it will be your responsibility to return the item or cover the cost of the courier returning the item to us. Please see our returns policy below. Order cancellations for direct containers follows separate conditions not listed on this website.
We may decide to refuse to accept an order. Acceptance is at our discretion; refusal may include situations when the item is unavailable, if we cannot obtain payment, if there was an error in pricing or description of the item on the website, or if a purchaser does not meet the requirements for the use of our website.
The website shows which items are in stock and which are not. Items in stock are available to purchase for immediate dispatch. Items which are not in stock will show when we estimate the item will come back into stock. An item showing as being in stock on our website does not guarantee availability and we cannot be held liable for the item not being available.
Occasionally items shown as “in stock” become unavailable. This might be due to a number of reasons such as several orders being placed at once, the wrong item being accounted for in our stock, the item being broken when we come to pick it, etc. If you have ordered such an item, we will inform you at once and wherever possible suggest alternatives.
Prices are quoted in Pounds Sterling (GBP) £ and exclude VAT. All orders are subject to value added tax at current rate.
Website prices are valid on a daily basis. The price for your order is the one at the time of placing an order and accepted by us. Prices change from time to time. When a price changes, we will update the website and the new price will be applicable immediately. We do not give any price guarantees and do not give any notice of price changes.
Payments of orders
The preferred method of payment for Gardeco is by card or PAYPAL.
If for whatever reason we are unable to fulfill your order after having obtained payment, we will refund the amount to you within 5 working days, preferably using the same method as the one with which the payment was made.
UK mainland delivery
Standard delivery to UK mainland addresses is included in the prices shown on the website. Please allow 2-4 working days for the delivery to arrive. We aim to send orders out within 24hrs working days of receipt, meaning in practice, deliveries should be faster.
You can nominate a different delivery address to the invoicing. The delivery conditions apply to the delivery address.
Most deliveries will require a signature. In the case of items delivered on your behalf to consumers, you can leave us instructions to deliver to neighbours or even to leave the parcel in a particular location. However, you do this at your own risk. If you ask us to leave the item in a location that is not secure, and should the item be stolen, we will not be able to give you a refund. Also, should the item be damaged and you are not there at the time, we may not be able to accept your claim.
We charge extra for:
- next day guaranteed delivery
- Saturday morning delivery
Deliveries are carried out by specialist carriers.
TNT for parcels and small pallet deliveries and DPD for lighter items, as our main carriers, but may use alternatives at our discretion. We decide which carrier to use depending on size and weight of the items.
If you are dissatisfied in any way about the timing or quality of your delivery, you need to contact us immediately. If any of the items delivered are broken, please write a remark on the carrier’s delivery note to make sure they know the delivery was not in good order and let us know within 24 hours.
We may decide to deliver an order in several parts for our convenience, so there may be more than one delivery for a single order.
Delivery to the North of Scotland, UK Islands, Channel Islands, Isle of Man and Northern Ireland. Charge included in the price.
Delivery to Eire – please contact us
Delivery to other countries – please contact us
Damages, shortages, returns & refunds
We aim to deliver all your order, complete and undamaged to you, however occasionally, this may not be possible.
Checking your order
It is really important that check your order as soon as you receive it and if you are not completely satisfied with it, you should contact us at once.
Shortage on delivery
If on receipt of your order you notice that an item is missing, please contact us at once. If it is our error and we have omitted to send it, we will send it at once without any charge. If the item is not available for whatever reason, we won’t be able to send it. Please note we take photographs of all pallets going out as a reference in case of missing items claims.
Occasionally, for items requiring home assembly, there may be a part missing. We aim for zero mistakes, but rely on human beings for packing items at the factories, and sometimes mistakes may occur from time to time. If you open a carton and find that you are missing a component of the product, we will send it to you at once without any additional charge. We hold stocks of spare parts.
Some of the products we sell are fragile and despite our best efforts in packing, care and attention, may still occasionally arrive broken. If you find a broken part inside a carton, we will replace it at once free of charge.
Product completely broken
If you find a broken product in your delivery, we will credit or replace it at once free of charge. If the same as the original is no longer available, a similar alternative will be offered. Please note we may require you to take digital photographs of the broken product to e-mail to us.
Damaged packaging on delivery
If on receipt of your order you notice that the packaging of the delivery looks damaged or wet, or as if the handling of the item has been rough or poor, and as if the contents may be affected, please be sure to make a note in writing on the carrier’s delivery documents. You can then take 2 or 3 days to carefully inspect your delivery and notify us of any problems in detail.
If you are not satisfied with your order, or if you have changed your mind and do not require the order after all, you can return the unwanted items to us within 7 days of delivery, providing:
- the item is not damaged
- the item has not been used in any way
- the product is complete
- the product is in its original pristine packaging carton
You will be responsible for the safe return of the product to our premises. You will need to pay the cost of the return. You can organise your own method of return, or we can pick the item up for you and charge you the cost. In all instances, you need to contact us first. You will need to give us the document number accompanying the delivery.
Credits or refunds follow within 5 working days of receiving the goods back. We cannot issue refunds until the goods are back in our warehouse. This does not affect your statutory rights.
Variation in product appearance
Sometimes there is a slight difference between the colours in the product photo and the delivered product. This may be due to the light conditions during photography or the set up of your computer monitor. Some products are hand made, hand painted or hand finished and often the look of the product may vary from the image on the website. So please take the images as indications of what your product will look like, we cannot guarantee the exact appearance of products.
We adhere to the warranty provided by the manufacturers of the products. In the case of faults, we will fix or repair the faults or exchange the products.
Product specific potential complaints
Many of our products require particular care and attention and you need to follow the instructions carefully. For the avoidance of doubt, we confirm that we will not accept any complaints about:
- rusting cast iron or steel chimeneas or any other
- guarantee claims for breakages/damages falling outside of the guarantee.
In the event of a claim, the total liability will never exceed the amount paid by the buyer. Except as specified in these conditions, no liability is accepted for any direct or indirect costs damages or expenses relating to damage to property or injury or loss to any person, firm or company arising out of or occasioned by any defect in or failure of goods or materials or parts supplied by us.
We will not be liable for breach of contract arising due to any cause beyond our control or that of our third party contractors, including but not limited to acts of God, civil disturbances, industrial unrest, riots, floods, earthquakes or other natural disasters, fire, theft, lost containers, sunk or pirated ships, breakdown of infrastructure and government actions and legislation.
Having ordered a product.
After having purchased an item, you will be asked to leave a review, should you wish to. This includes one reminder a week after.