Website Terms and Conditions for www.biofires.com

 

These Terms and Conditions (“Terms”) set out our obligations and responsibilities to you as a customer, and yours to us.

 

1 INTRODUCTION

This website (www.biofires.com) is operated by Bio Fires (a trading name of Gel Fireplaces Limited, described below). These Terms apply to all sales made by distance communication, whether online, on this website or by email, by telephone or by any other distance method.

Some of these Terms apply only if you are a UK resident "consumer", i.e. an individual acting for purposes completely or mainly outside your business. If you are a trader or non-UK resident, those Terms do not apply to you1.

Please note that our business consists only of selling our products described on this website. We do not provide any services, whether relating to our products or otherwise.

When you visit this website and when you place an order, you agree to these Terms to the exclusion of any other terms. Please read them carefully and print them off before placing your order.

 

2 COMPANY INFORMATION

Bio Fires is the trading name for Gel Fireplaces Limited. Registered address: 843 Finchley Road, London, NW11 8NA. Company registration number: 05221271. Registered in England and Wales. Office address: 100 Crawford Street, London W1H 2HW. Telephone: 0207 724 1919. Email address: info@biofires.com.

 

3 AMENDMENTS TO TERMS AND CONDITIONS

Bio Fires reserves the right to amend the website, its content or these terms and conditions at any time. Amendments will be effective immediately and will apply to any orders received. We will try and notify you of any changes. If they adversely affect your rights, you may cancel the orders concerned.

 

4 QUOTATION AND ESTABLISHMENT OF AGREEMENT

All products displayed on our site and their prices are invitations for you to make us an offer which we will try to accept, subject to availability and the information being correct.

No agreement is established until we have accepted or fulfilled your order.

We therefore recommend that you do not carry out any building work specific to one of our products until your order has been confirmed.

 

5 PRICES AND PAYMENT

All prices quoted on our website include VAT and free mainland UK delivery. While we try to make sure the prices on our website are correct, we will not be required to accept orders or to deliver products after accepting an order if it turns out that the price quoted was incorrect. In such cases we will inform you of the correct price and you can either pay the balance or cancel the order for a refund.

For details of non-mainland UK postcodes that fall outside free delivery, please click here. Delivery to these postcodes and delivery outside the UK will carry a charge as set out here.

Products will be delivered after you have paid the full price.

 

6 DELIVERY

We use third parties to deliver our products and cannot guarantee a specific delivery time. For certain items, we will try and arrange a delivery date with you by telephone but any such arrangement (and any other information we give you on delivery) is just for your guidance and we cannot accept liability for late delivery. Generally, we aim to deliver within seven (7) days from the date of your order and payment (when the item is in stock), and in other cases, such as special orders and out-of-stock items, within thirty (30) days. If we are unable to deliver within thirty (30) days, you have the right to cancel the order and obtain a full refund unless we have specifically agreed a later delivery date with you (unless you are a trader or non-UK resident) or have been unable to reach you by telephone to arrange a delivery date.

On delivery you must check that the products are in good condition and that the correct quantity and correct products have been delivered. See “Problems with the Product” below.

Couriers will usually make an attempt to deliver at least twice. You must contact the courier with your tracking number to arrange a suitable time for re-delivery. When an order cannot be delivered and as a result is returned to our warehouse, you can contact us and arrange re-delivery but delivery costs will be payable. If you don’t contact us within 24 hours of the return, your order will be cancelled and a partial refund issued after deduction of the costs of return delivery.

Bio Fires cannot be held responsible for any loss you incur as a result of the following:
1. You provide us with an incorrect delivery address and another party signs for your goods.
2. Goods are arranged to be left on/near your premises with your authority and are subsequently stolen.
3. Goods left with a third party are stolen.


7 PROBLEMS WITH THE PRODUCT

We are under a legal duty to supply products that conform to the agreement made when we accept an order you have placed.

If items are damaged, incorrect or missing, we should be informed in writing within 48 hours of delivery. If an item is found to be defective, we will issue a replacement free of charge. We will ask you to email us some photos of the problem with the product, which will speed up the replacement procedure. Note that we will not accept claims of faults if we find that the unit was misused.

We will not accept claims for loss or damage where a parcel has not been signed for upon delivery. You should inspect all items carefully before signing the courier’s delivery note. If inspection is not possible, you must write “Not Checked” on the delivery note, otherwise claims for damage may not be acknowledged (requirement of the courier company).

 

8 CANCELLATION

If you are a consumer (as described above), this section of the Terms applies to you. Unless the product has been made to your specifications (such as our “special orders”) or the product has, as a result of installation or otherwise, become mixed inseparably with other items, you have a right to cancel your agreement to buy the products, as set out below.

If you wish to cancel you must notify us in writing before the end of 14 days after the day on which the goods came into your physical possession (or the physical possession of anyone you have appointed to collect or take delivery of them). Your notice must include a clear statement setting out your decision to cancel. You may use the model cancellation form set out in the Appendix to these Terms.

If you cancel the contract under the above provisions, we will reimburse all of your payments for the product(s) concerned, except for:

(a) any payment you may have made for delivery which is more expensive than the cheapest common type of delivery which we offer (we will only keep the excess and you will be reimbursed with the cost of the cheapest type of delivery we offer).
and/or
(b) an amount (if any) equal to the reduction in value of the product resulting from it being handled beyond what was necessary to establish its nature, characteristics and functioning, i.e. the sort of handling we would reasonably allow in our showroom.

If you cancel the agreement, you must:

1) send the product(s) back or deliver them to us at the following address: Unit 3, Water Hall Farm, Wavendon Rd, Salford, Milton Keynes MK17 8AZ, at your own cost; or
2) inform us that you are making the product(s) available for us to collect, in which case we will collect them but you will be liable to pay for our costs of collection. The cost of our collecting product(s) is described here.

Please note that it may be impractical to return some of our products by post, for example bulky items and fuel. In such cases, if you are unable to deliver them by other means, we can arrange for them to be collected in accordance with 2) above.

For all returns, we strongly recommend that you retain and use the original packaging in order to prevent damage.

 

9 GUARANTEE

A standard 12 months guarantee is offered on our own brand “Bio Fires” fireplaces and burners (unless otherwise specified on a product description page), excluding accessories and ex-display items.

Under this guarantee, if one of our products develops a fault within 12 months of delivery, please let us know in writing (within 48h of noticing it), providing high-resolution photos and a description of the fault, and we will arrange either to repair it or replace it. In case the same item is not available anymore, you will be offered replacement options within a similar price bracket. The guarantee does not cover failure to follow the instructions provided in the user manual and maintenance instructions, normal wear and tear, inappropriate use, inappropriate storage, negligence, accidental or wilful misuse of the product, or inappropriate cleaning, modification or transformation of the product. This guarantee does not affect your statutory rights.

For third party products, such as those trade-marked Planika, GlammFire and Safretti, we will send you a link to applicable manufacturers' warranties when we confirm your order. These do not affect your statutory rights.

 

10 INSTALLATION AND AFTER SALES

We do not offer any installation services. You must take responsibility for correct installation in accordance with the manufacturer's instructions.

If you are unable to operate the product or require any assistance or other services in relation to it, please contact us by telephone and we will try to assist you on a voluntary basis, which may include making suitable arrangements with our manufacturers, suppliers or contractors. The above includes any remote diagnostics which may be necessary for products containing software and/or electronic elements. We may require you to send us a video or other data to enable remote diagnostic activity.

Please note that we do not service any products.

 

11 FORCE MAJEURE

We will do our best to fulfil our sale with you but acts of God, bad weather conditions, strikes, lockouts, explosion, war or any other circumstances beyond our control may affect our ability to do so. We will not be liable for any loss or damage caused by such events, including any failure to perform or delay in performing an agreement of sale.

 

12 SUBCONTRACTORS

We reserve the right to subcontract any part of the contract.

 

13 LIABILITY

We have no liability to you for any of the following losses under any theory of legal liability (including negligence):

• loss of profit, business, revenue, anticipated savings, opportunity, goodwill, contract, data, in each case whether direct or indirect;

• indirect or consequential loss.

Save in the case of death or personal injury caused by our negligence or in the case of fraud, our liability to you in respect of any agreement is limited to the price you have paid for the product concerned or £100, whichever is the higher.

 

14 REPRESENTATIONS

You confirm that these Terms contain the entire agreement between us relating to their subject-matter. You also confirm that you are not relying on any representation which is not expressly repeated in these Terms and we exclude all liability for non-fraudulent misrepresentation.

 

15 TERMINATION

We reserve the right to terminate the contract if we don’t receive your payment, if you don't adhere to the contract, or for any other reason resulting in non-payment.

 

16 INTERNATIONAL CUSTOMERS

If goods are being ordered from outside the United Kingdom, import duties and taxes may be payable. Bio Fires is not responsible for these charges and we undertake to make no calculations or estimates in this regard. Please be aware that products may be inspected on arrival at port for customs purposes and Bio Fires cannot guarantee that the packaging of your goods will be free of signs of tampering.

 

17 PRIVACY STATEMENT

Please see our Privacy Policy Data Protection and Privacy Policy, which can be found here.

18 INTELLECTUAL PROPERTY

All content included on the website, including, but not limited to text, graphics, photographs, logos, icons, video clips, page layout and computer code is the property of Bio Fires, our affiliates or other relevant third parties. The content is protected by United Kingdom and international copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this content in any way unless given written permission to do so by Bio Fires.

 

19 LAW AND JURISDICTION

These Terms and any contract between us are governed by the laws of England and we and you submit to the exclusive jurisdiction of the English Courts in connection with them.

 

20 SAFETY

Our products are safe if you use them according to our instructions and with common sense. Please note that instructions are an inseparable part of the fireplace and should be available to anyone using the fireplace at all times. If the instructions are not available, it is your responsibility to contact us immediately.

Our fuel products should only be used in fireplaces supplied by us and we accept no responsibility whatsoever in the event of their being used for any other purpose.

All information regarding installing or building your fireplace including measurements and suggestions regarding materials, is for general guidance only. It does not constitute advice of any nature and you must not rely on it. We strongly recommend that you obtain specific professional advice on your installation or building from a specialist fireplace builder, architect, engineer or materials supplier or from the manufacturer (with whom we can put you in contact). They should be consulted on all aspects including, without limitation, the presence of draughts at the site of installation.

 

21 FUEL

In order for our fireplace products to function properly, we recommend that you only use the following safety-tested brand of fuel: CRYSTAL®. Using a different type of fuel may result in malfunction or permanent damage to the product, leading to fire and health risks. We will not be responsible for any damage resulting from using a different fuel.

 

22 ORDERS FOR CLIENTS

If you are a designer, architect or other professional ordering for, or in connection with, a client, by placing the order you confirm that you have shown your client the product and they have agreed it should be purchased.

 

1 We have tried to identify these, but even if we have not, if you are a trader none of the Terms which are included to comply with consumer legislation, such as the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013, apply to you.

 

Appendix to www.biofires.com Terms and Conditions

 

Model Cancellation Form

To Gel Fireplaces Limited, trading as Bio Fires, 100 Crawford Street, London W1H 2HW, info@biofires.com

I give notice that I [name] cancel my contract of sale of the following product(s): [ ]

Ordered on[*]/received on [*]

Name of consumer

Address of consumer

Date

{*] delete as appropriate”

 

 


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