Terms and Conditions

1. Our Contract

1.1. These Terms and Conditions govern the supply of goods sold by Fay Fireplaces and Stoves (Trading name Fay Fireplaces and Stoves. 684009) (“we” and “us”) to the customer (“you”) and constitute the entire and only agreement between us in relation thereto.

1.2. All orders placed by you in our online shop are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order.

1.3. Upon agreeing to a quotation sent to you by Fay Fireplaces and Stoves  you agreeing to these terms and conditions.

1.4. By signing a receipt or invoice you are declaring that you agree to Fay Fireplaces and Stoves terms and conditions.

 

2. Price & Payment

2.1. The price payable for the goods you order is as set out on our website at the time you place your order, plus any charges for delivery as advised to you.

2.2. We reserve the right to update the price of goods, from time to time but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order and may decline it or limit the order quantity of goods sold.

2.3. Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.

2.4. Occasionally an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.

2.5. We must receive full payment of the price of the goods you order, and any applicable charges for delivery, before your order can be processed.

2.6. You may not withhold payment of any invoice or other amount due to us by reason of any right or set off or counter-claim, which you may have, or allege to have.

2.7. We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from you to us.

2.8. The format of our invoice and statements to you will solely be dictated by us and we will not enter into any variation of our format.

2.9. Any “Was” price displayed on the website shows the item’s previous selling price for a period of at least 30 days prior to the reduced price coming in to effect, unless otherwise stated.

 

3. Payments for Fittings / Installation

3.1. Deposits are required prior to work commencing. Your deposit is used to secure materials and an installation date. Card payments, bank transfer and cash payments are accepted. All work must be paid for in advance either before installation date or on the day before works are carried out. Upon completion of works, Fay Fireplaces and Stoves will supply you with METAC accreditation for the installation of your fuel burning stove.

 

4. Delivery & Title

4.1. We will deliver items in accordance with your order usually within the stated delivery time. Fay Fireplaces and Stoves operates a Just In Time (JIT) Stock control method, except for fast moving consumer items. This means that delivery times can take 4 to 5 days longer at peak times. Standard parcels are delivered within 1-3 days in Republic of Ireland and Northern Ireland. Stanley, Atlantic and Phoenix stoves are delivered within 2-3 days on receipt of your stove from the manufacturer, (subject to exceptional circumstances) within 30 days of accepting your order. This is in addition to 5 working days max to get it into stock. In addition to your rights under clause 5, in the unlikely event that we do not make the goods available to you within 30 days of accepting your order you will have the option of cancelling your order by notifying us accordingly prior to delivery. Before placing your order, please refer to the delivery options set out on our website to ensure that we can deliver to your address. A valid signature will be required on collection or delivery for express and pallet customers. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. You must not schedule or commence any installation work until you have received your order and checked all the goods for any defects or missing parts. We will not be held responsible for any outstanding costs brought on to you for deferring an installation due to delayed goods.

4.2. Items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation or fitting services upon delivery unless otherwise agreed by us.

4.3. You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.

4.4. Without prejudice to Clause 4.3, upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, ownership (also known as “title”) in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall: (i) not be entitled to use the goods; (ii) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In addition, until title in the goods passes from us to you, you shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.

4.5. Please inspect goods before accepting and signing for them. If the goods are damaged, do not accept them.

4.6. Collection is available for online and phone orders and it's free. To collect your order we require you to provide valid ID and a digital or paper copy of your order. Contact us on 0851869479 to arrange a collection.

4.7. We strongly recommend that you do not book a date for fitting until the item has been delivered.

4.8. Please take responsibility for ordering the correct item(s), and clearly specify any options you require. Call us on 0851869479 if your requirements are specific.

 

5. Availability

5.1. While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 14 days.

 

6. Online Purchases & Installation

6.1. When purchasing online it's your responsibility to choose a product which suits your needs.  Once we have delivered your product, you are responsible for storage and installation (Unless availing of our fitting service). It is your responsibility to ensure that products are installed correctly and in compliance with current Building Regulations.

 

 

7. Cancellation & Returns

7.1. Our 14-day returns policy means that if for any reason you are unhappy with your purchase, you can return goods in original condition within 14 days of the date you received goods, unused and in original packaging with contents in the condition they were delivered, along with a receipt of proof of purchase. We must be notified in writing to our email fireplacesandstovesdrogheda@gmail.com. We will issue a refund for the price you paid for the goods only excluding delivery costs incurred by the company.

7.2. Customers are responsible for returning goods and the costs associated in doing so back to Fay Fireplaces and Stoves. Returned goods must be unmarked and free from blemishes of any kind, the total refundable amount is dependent on goods being returned to us in the same ‘good condition’ that they were received in (we would advise keeping all packaging if you are considering returning an item). We can collect items if you are unable to send them back to us (this is a chargeable service, and will be deducted from your refund) please speak to a member of our customer services team for more information on cancelling an order. Providing we have received the goods back in ‘good condition’ with a valid returns note, refunds will be issued within 30 days of the goods arriving with us.

7.3. If a customer contacts our company after the specified 14 days, Fay Fireplaces and Stoves has the right assume that the order has progressed to completion. The customer will not have an automatic right to a refund.

7.4 If at any point the Customer wishes to cancel a bespoke feature wall, pre-cut mantle, pre cut granite, pre-cut marble fireplace or any other specialist manufactured goods, then costs will be deducted from the deposit. If payment has been made in full then deductions for material costs will be taken from the total, as work will have already been carried out on your behalf. However we reserve the right to refuse your request for refund when full payments have been made when manufacturing bespoke work upon your instructions.

7.5 In a situation when we need to order specific goods to fulfil your order 50% minimum deposit is required. If you cancel your order after we received goods and have it ready for you to collect, we reserve right to deduct a restocking charge of 20% of the value of the purchase. We also reserve the right to refuse return requests for all bespoke items built or cut to order by our suppliers (non-standard products) in that case the full deposit will be held.

 

8. Liability

8.1. If you have notified us of a problem with the goods within 30 days of delivery, we will (Subject to Clause 7) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.

8.2. We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption, neither will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.

8.3. This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.

8.4. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.

8.5. If you are a trade customer and subject to Clause 6.3, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless, and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.

 

9. Age Requirements for Specific Goods

 

9.1. Where you place an order for age-restricted goods such as solvents and knives, you confirm that you are over the age of 18 and that delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order if we reasonably believe you are not legally entitled to order certain goods.

 

10. Stove Installations

10.1 All stove installations are carried out and/or are signed off by a METAC trained installer. Signed for installations are the responsibility of Fay Fireplaces and Stoves for the installations of the appliance and flue parts to the best of our knowledge. We are not responsible for the manufactured appliances and manufacture flue systems used as these carry their own warranty. Installations will be void from our responsibilities for the following reasons:

 

• Interference with the appliance from a third party
• In proper use of the appliance
• Not following manufacture guidelines for the appliance
• Burning of improper fuel for the appliance
• Not following Fay Fireplaces and Stoves recommendations for the installation
• Not servicing the appliance within the guidelines
• Continued use of the appliance after a fault has appeared or been displayed

All installations carried out by Fay Fireplaces and Stoves come with a free 14 day inspection of the appliances installation date if required or requested by the client.

10.2. If an appliance shows signs of or is experiencing any difficulties you are immediately to shut down your appliance, douse the flame out and contact the emergency services immediately IF REQUIRED, Then contact Fay Fireplaces and Stoves immediately for a call out and inspection of the appliance. DO NOT USE the appliance until we have conducted a full inspection and cleared it safe to use again.

 

11. Cowls

11.1. Fay Fireplaces and Stoves supply a variety of cowls from different manufactures. Fay Fireplaces and Stoves are not responsible for manufacture's warranties or guarantees of such product functions and functionality, design and ability to perform as stated by the manufacturer unless otherwise stated by Fay Fireplaces and Stoves. Fay Fireplaces and Stoves will follow manufacture guidelines to best of its knowledge for installations of cowls, and in certain circumstances if alterations have to be made, Fay Fireplaces and Stoves will inform the customer of such alterations in order to make the cowl fit and may require the customer's consent of such alterations but not at the expense of covering manufacturer warranty unless stated by us. If a cowl is ordered to be supplied and installed, and cannot be fitted on the day, for any reason that was not made aware to us prior to arrival, a fee may be applied for call out and delivery. This fee will never exceed €100, and the maximum fee will depend on location. Fay Fireplaces and Stoves will use a hoist in order to access the roof in most cases. We may request that all motors be removed or moved in order to access the roof. If a residential property is being shared its required that all tenants are notified prior to our arrival and that we will passing windows and may have views of gardens or private areas via the roof, and Fay Fireplaces and Stoves cannot be held responsible for any viewings or sighting that may occur accidental. All Fay Fireplaces and Stoves work carried out externally, is weather permitting due to health and safety, jobs may be cancelled, delayed or postponed without notice. Jobs that have stock pre ordered may carry a fee due to customer cancellation because of weather permit.

 

12. Chimneys & Twin Wall

12.1. Chimneys and Twin wall insulations are installed to regulations. Installations and jobs are quoted for standard flexible flue liner and cowls, unless otherwise stated within the quote or prior to work commencing. Any additional cowls or parts required to assist with environmental changes or surroundings to a building that causes a standard flue system to be modified or require extra parts and/or changes will incur an additional charge or fee for the required parts and installation outside of the initial job quoted for.

 

12.2. Buildings and areas altered by Fay Fireplaces and Stoves are covered by us for repair, leakage or damage, however unforeseen problems in a building that already exist or existed, which may have an affect or cause an undesired effect to the outcome of alterations or construction by Fay Fireplaces and Stoves, and that weren’t highlighted in the inspection or quote are not covered for in cost for repairs or alterations.

 

 

13. Building Works / Renovations and Structural

13.1. Non Disclosed Items/Circumstances/Situations

Whilst Fay Fireplaces and Stoves and a party may enter into a contact for works, any items or information withheld from us that may interfere with the original works quoted for, may in circumstances require alterations to job and/or quote and will make the original entry contact void. COSTS for works already carried out may be still incurred.

 

13.2. Fair Contract / Undiscoverable Items / Invisible Circumstances

Due to the nature of our business, there are factors that we can not equate for in a building. We do not have the ability to see through plaster, concrete walls or other solid structures. Therefore we base our quotes on the assumption that all building and structural work carried out on your building meets current building regulations and standards. Upon opening the area of work, if the building does not meet current regulations or best practice additional costs will be incurred to rectify before quoted work can take place. However,  Fay Fireplaces and Stoves cannot be held liable for such structures or poor build/workmanship before arrival, also a party cannot hold Fay Fireplaces and Stoves responsible for the repairs and not being able to proceed with initial works and/or not knowing the state of a build before opening such area of works. This is a fair contract policy in which we are able to compete in the industry for not overpricing for general standard works that mostly do not need to be done, but on occasions may be unveiled on certain jobs, with different outcomes/works or modifications required and different cost associated with the particular works to be carried out outside the initial contact of works.

 

14. Cancellation & Termination

14.1. We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.

14.2 Cancellations of large jobs require at least 48 hours notice unless for extreme reasons. You need to call us and make us aware of your situation ASAP.  Cancellations on the day when our installers arrive will incur charges of up to €400. This covers our expenses and a lost installation day elsewhere. Cancellation can also result in long delays for a new installation date, as our calender can be booked up to 6 weeks in advance.

15. Force Majeure

15.1. We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts, other industrial disputes or global pandemics).

 

16. Pictures / Images and Measurements

16.1. All sizes and measurements of flue liners are approximate (close to the actual, but not completely accurate or exact). All pictures on the website are for illustrative purpose only, and may not exactly match the product itself. Colours may vary to those illustrated and can look different on other computer screens. We never knowingly publish misleading or incorrect product descriptions or images. However, items described will meet the specification outlined in the description.

 

17. General

17.1. If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with Irish law.

17.2. All product warranties are conditional. Conditions of the warranty only apply when an installation is certified by a certified and competent installer. Goods must also be installed according to supplier specifications too.