Terms & Conditions

1. General Terms and Conditions of Business

1.1 Definitions

Throughout this document, the terms we/our/us refers to Beautysttone Fireplaces Ltd T/As TopFires.co.uk & Topstoves.co.uk, while you/your refers to you as a user of this web site

1.2 Your Obligations

As user of this web site, you acknowledge that any use of this web site, including any transactions you might make, is subject to the terms and conditions set out below. Your attention is also drawn particularly to our policies on returns and refunds, on delivery and also to our practice regarding the security and privacy of any information you might supply to us.

1.3 General Provisions

We reserve the right to change these terms and conditions at any time. Any such changes will be deemed effective on the date these are posted on this web site and it is your responsibility to read these terms and conditions each time you use this web site and your continued use of this web site shall signify your acceptance to be bound by these latest terms and conditions.

1.4 Order Processing

We process orders on this web site using a custom built shopping cart. The last stage of this process is a confirmation page that sets out the final details of your order including the cost of goods we will supply and our delivery charge. After your payment has been processed, we will send you an order acknowledgement email detailing the products you have ordered. Please note that this email acknowledgement is not an order confirmation or order acceptance by Beautystone Fireplaces Ltd. Acceptance of your order and the completion of the contract between you and us will only take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.

1.5 Delivery

On delivery, all goods must be signed for by an adult aged 18 or over.

Our detailed delivery terms, including charges and estimated delivery timescales are detailed in the “delivery” section of this web site. We shall make all effort to deliver goods within the estimated timescale but delays can occur due to unforeseen circumstance beyond our control. We shall therefore be under no liability for any delay or failure to deliver the products within estimated timescales.

Failure to be present yourself, or have a suitable representative at your place of delivery will result in a redelivery charge equal to that of your original delivery charge

1.6 Risk of Loss and Damage

Risk of loss and damage of products passes to you on the date when the products are delivered. If you have arranged to have your products collected by a third party, risk of loss and damage passes to the third party immediately on collection of your goods.

1.7 Payment

We take payment from your card via our Payment Service Provider, Sagepay, at the time we receive your order. Before offering payment you should familiarise your self with the Sagepay Terms of Use and their Security and Privacy policies. We accept no liability for the use of your credit card via this third party service.

1.8 Supply of Goods

Supply of goods is subject to availability. In the event of unforeseen shortfalls in stock or if we are unable to supply the goods immediately, we will inform you of any potential delays there might be in delivery. If we are unable to supply your goods within an acceptable timescale, a full refund will be given.

1.9 Price of Goods

The price you pay is the price displayed on the web site at the time we receive your order unless there has been an error in web site pricing. We try and ensure that all prices on our web site are accurate, but errors may occasionally occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel but you have already paid for the goods you will receive a full refund.

All prices are shown in Pound Stering (£) and include VAT but exclude any delivery charge unless expressly stated otherwise. All prices are also subject to change without notification.

1.10 Title

Title to any products you order on this web site shall pass to you on delivery of the products provided that we have processed and received payment for both the products and for delivery of the products in full.

1.11 Product Specifications

We make every effort to describe all our products as accurately as possible and to give reliable information regarding colour, measurements and technical specifications. We do emphasise, however, that such descriptions by their very nature can only be approximate.

1.12 Your Right to Cancel (Cooling Off Period)

Protection of consumers in respect of contracts made by means of distance communications regulations (see Office of the Attorney General – European Communities (Protection of consumers in respect of contracts made by distance communications)Regulations, 2001 : Statutory Instrument No 207, of 2001 gives you the right to cancel any order at any time up to seven (7) working days starting the day after delivery (your cooling off period) whether the goods you receive are defective or not and the right to receive a full refund of your purchase. Topstoves.co.uk will not accept liability if a product is not suitable for you chimney or flue. We strongly recommend that all customers view the product before ordering and have a survey carried out by a professional installer to check that the product is suitable prior to placing the order.

We are unable to accept the return of goods specially ordered to the customer's specification.

If you decide to cancel your order under these distance communications regulations you must inform us by durable media (letter or email) of your wish to cancel within this “cooling off” period quoting your original order number. Goods thus cancelled must then be returned to us with their original packaging and please note that if you cancel under these regulations you will also have a duty of care to ensure that goods being returned are unused and undamaged. If you are unable to return the goods we will arrange for them to be collected but the cost of collection will be deducted from your final refund.

These regulations do not affect your other statutory rights.

1.13 Faulty or Damaged Goods

When we deliver goods to your home they are inspected for any defect or damage. If any defect or damage is noted, they will be uplifted immediately and returned to our warehouse. In these circumstances you will be entitled to either a full replacement, re-delivered at our expense, or a full refund including any delivery charges paid.

This policy does not affect any other product safeguards to which you are entitled under product warranties.

1.14 Intellectual Property

You acknowledge and agree that all copyright, trademarks and other intellectual property rights in any materials and/or content made available as part of your use of this web site shall remain at all times vested in us or in our licensors. Likewise you acknowledge and agree that any material and content provided via this website is made available solely for your personal non-commercial use and you agree not to copy, reproduce, transmit, publish, display, distribute or commercially exploit any material provided or facilitate any other to do so.

1.15 Liabilities and Indemnities

We will use all reasonable endeavours to provide accurate information via this web site but in providing such information we offer no warranty regarding this content, or warranties regarding the availability of the web site, that it will be error free, that defects will be corrected and that the server that makes the site available will be virus free. As a consequence we cannot be liable to you in any way for any loss of content, material uploaded or transmitted through the web site and will not be responsible or liable to you for any loss or damage from action taken or taken in reliance on material or information contained on the site.

We will also accept no liability in contract or tort for any economic losses, loss of goodwill or reputation, special or indirect losses suffered or incurred by any party arising out of or in connection with the provisions of any matter under these terms and conditions.

Notwithstanding the above, our liability shall not at any time exceed a sum equal to the amount paid by you for any products. This provision, however, does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

1.16 Fitness for Purpose

We accept no liability for the installation, application or subsequent use of any goods supplied if this use is not within accepted operating procedures.

1.17 Miscellaneous Provisions

The contract between us shall be governed by the laws of England and any dispute between us be resolved exclusively in the courts of England.

These terms and conditions supersede all prior documents relating to the use of this web site.

1.18 Web Site Operator

This website (which trades under the name of Topfires) is fully owned and operated by Beautystone Fireplaces Ltd, registration number: 4024816, Registered Address 15 Stourbridge Road, Lye, West Midlands, DY9 7DG.

2. Privacy Statement

2.1 Orders

If you purchase a product from us you will be asked to provide certain personally identifiable information such as your name, email address, postal address and telephone number. We will then use this information to process and to fulfill/deliver your order. If we have trouble processing your order we will also use this information to contact you.

2.2 Information Sharing

We do not share any personal information we hold on our customers with any third party. The only exception is if we are required to do so by law. We therefore reserve the right to disclose such personally identifiable information if we believe that such disclosure is necessary to protect our rights and/or to comply with legal processes.

2.3 Computer Log Files

As is true of all web sites, we gather certain information regarding your visit automatically and store it in log files. This information will include your internet protocol (IP) address, browser type, your internet service provider (ISP), referring/exit pages, operating system and date/time stamp.

We use this information, which does not identify individual users, solely to analyse visitor trends, monitor entry/exit pages and to track a user’s movement around our site.

We also employ third party tracking devices (e.g., Google and Yahoo) to monitor visits to our site, to analyse demographic trends and to analyse conversion rates. Again this information is only used in aggregate and is not linked to personally identifiable information.

2.4 Cookies

A cookie is a small text file that is stored on a user’s computer for record keeping purposes. There are two types of cookies, session ID cookies that exist only for the duration of your visit to a particular web site, and persistent cookies that are stored on your computer’s hard drive for longer periods.

At Topfires we employ only session cookies to store information as you navigate and use our shopping cart. As soon as you leave our site (close your browser), your session ID cookie is destroyed.

If your browser is set to reject cookies, you will still be able to use our web site, but your ability to place an order will be restricted.

2.5 Web Beacons/Bugs

We do not use clear gif web beacons/bugs on our web site.

2.6 Links Out

We may provide links from our site to third party web sites that are not owned or controlled by our company. In these cases we are not responsible for the content or privacy practices operated by these sites and we advise that you make yourself aware of any specific privacy policies operated by these sites at the onset of your visit. The use of these links therefore is at your sole discretion and we can accept no responsibilities or liabilities as a result of providing such links.

2.7 Access to your Personally Identifiable Information

All Personably Identifiable Information gathered by Topfires is held in full compliance with the Data Protection Act 1988. We will make all effort to keep this data secure but cannot be held responsible should this data be accessed by or used fraudulently by any third party. Should you require a copy of the data we hold on yourself we will be delighted to provide such information. Any request should be made to the Directo Beautystone Fireplaces Ltd, enclosing £10 to cover the cost of providing such data. The address to write to would be: 15 Stourbridge Road, Lye, West Midlands, DY9 7DG

2.8 Business Transactions

In the event that Topfires goes through a business transaction such as a sale or merger, your Personably Identifiable Information is likely to be among the assets transferred.

2.9 Changes in this Privacy Statement

We reserve the right to modify this privacy statement at any time so please review it frequently.

2.10 Privacy Contact

If you have any questions or suggestions regarding our privacy policy please contact us by email at info@topfires.co.uk