The following terms and conditions of sale apply to all quotations, estimates, contracts and sales made between Biointerier s.r.o.(The Seller) and any customer or purchaser (The Customer) for good and services supplies provided by Biointerier s,r.o.. Subject to the provisions of he Unfair Contract Term 1977 all prices for good are quoted on the basis that contracts entered into will be based on the conditions. Any variation to the conditions must be negotiated by the customer prior to the placing of any order. Any terms and conditions of purchase on orders from customers will be of no legal effect insofar as they conflict with the terms and conditions of sale.
2. Establishment of Contract –
Any quotation or estimate given by the Seller is only an invitation to the Customer to make an offer, and no order shall become binding on the Seller until it has been accepted by the seller by way of a Purchase Order/Invoice.
3. Safety –
Biointerier s.r.o. products are safe when used in accordance to our instructions and common sense is employed. If, for any reason you do not receive a copy of these safety instructions with you purchase, it is your responsibility to contact The Seller immediately to obtain a copy. The Seller recommends that the supply of gel cans should be used solely in fireplaces and baskets supplied by the Seller and accept no responsibility of any nature whatsoever in the event that the Bio Ethanol Fuel is used otherwise. It is imperative that the Customer carefully follows instructions supplied before utilising the Bio Fuel. The Fire gel baskets should only be places in a fireproof surrounding. Important – It can aggravate some respiratory disorders.
4. Delivery and Carriage –
Any indication by the Seller on Purchase Order/Invoice/otherwise of a time for delivery is not guaranteed and no liability will be accepted by the Seller for late delivery. Unless otherwise stated on a Purchase Order/Invoice, carriage will be charged in addition to prices quotes or charged. The cost of delivery will be charged again when the customer is not present to accept the delivery of the good on the agreed date and within agreed time slot. We are unable to accept liability for failure of delivery within quoted times, or any consequential losses that my rise as a result of late delivery.
5. Returns and Queries –
All queries on invoices must be communicated to the seller in writing within 14 days of the date of invoice. In the event of goods being subject to damage or shortage the Customer shall give written notice to the Seller within 48 hours of the delivery advice from either the Seller or Carrier. The Seller will only accept the return of goods that remain unused, in their original condition together with all packaging and any instructions. We ask that you unpack your order in a clean and secure place to ensure the product remains in optimal condition.
Please note if you have purchased a fireplace and/ or any associated products from an exhibition or direct from our office, but find that you are dissatisfied, we will accept return of the used goods within 14 days. However there will be a surcharge of 10% of the purchase price. We do not refund the cost of delivery and cannot be held responsible for returned goods being lost in transit. Insurance during carriage shall be the responsibility of the customer.
6. Internet/Mail Order –
In the event that goods are purchased through the Internet or mail order then the goods may be returned to the Seller with 14 days of delivery on the basis that they are returned with all packaging in perfect condition and upon receipt the Seller shall reimburse the cost on the purchase Order/Invoice to the Customer. Insurance during return carriage shall be the responsibility of the Customer.
7. Prices –
Unless otherwise agreed in writing on the acceptance of order, any price quoted by the Seller or stated in the Purchase Order/Invoice will be invoiced at the price ruling at the date of delivery of goods. If the price is over 50Euro customer may be asked for 50% pay before the goods will be send.
8. Alteration of Specifications and Products –
The Seller reserves the right to change specifications or withdraw or add products from catalogues and price lists without notification to Customers unless otherwise agreed in writing on acceptance of order. All product measurements given are approximate and given for guidance purpouses only.
9. Credit Accounts –
All orders from Customers who do not hold an approved credit account with the Seller are required to provide payment in full to accompany orders in advance of delivery of goods and payments must include all packing and delivery costs.
10. Title –
Property in the goods shall not pass to the Customer until both the purchase price of the goods paid in full and payment is made to the Seller of any sum which is at the date of the contract or may thereafter become due from the Customer to the Seller. Until property on the goods is passed to the Customer, the Customer will hold the goods or their proceeds of resale in a fiduciary capacity. Although the ownership of the goods remains with the Seller until the goods are paid for in full, the Customer will accept he risk in the goods and will insure them. The Customer will keep the goods separately identifiable and grants are irrevocable license to the Seller to enter on the Customer’s premises or other site where the goods are stored with agents and vehicles if appropriate to recover the Seller’s property.
11. Force Majeure –
In event of the Seller being unable to perform all or any part of the contract due to force majeure, the Seller shall be excused performance subject to the Seller undertaking to take all action to mitigate or remove for the reasons or non-performance and to resume performance of the contract as soon as such reasons are removed. Force majeure includes Acts of God, strikes, lockouts, explosion, war or any other circumstance beyond reasonable control of the Seller.
12. Defective Goods – Within one month of the date of purchase the Seller will replace free of charge any goods which are defective subject to the Customer notifying the Seller in writing within 48 hours of delivery and subjected to misuse or any form of unauthorized repair. The Seller shall not be liable for any consequential costs incurred by the Customer as a result of any defective good. The Seller liability in respect of defective goods is strictly limited to replacement of the goods or reimbursement of the original value of the goods subject to the aforementioned conditions. Nothing in these conditions will exclude the Seller’s liability in respect of death or personal injury resulting from the negligence of the Seller or its employees or agents.
13. Right to Sub Contract –
The Seller reserves the right to Sub Contract any part of the contact.
14. Termination –
The Seller reserves the right to terminate the contract in the event of the Customer failing to pay sums due to he Seller or if the Customer breaches any terms of the contract or if the Customer suffers distress or execution, commits an act of bankruptcy or is unable to pay their debts within the meaning of Section 123 and Insolvency Act 1986.
15. Guarantee –
We offer a standard 12 months manufacturer's guarantee for all of our fireplaces and burners (unless otherwise specified on a product description page), excluding accessories and ex-display items. We are confident that the products we supply are of a very high quality and that you will be very pleased with them. We also believe in providing the highest standard of customer service and products free from manufacturer's faults in performance or appearance.
If a product develops a fault within 12 months of delivery, please let us know in writing (within 48h of noticing it) providing picture and description of the fault and we will either repair it or replace it. In case the same item is not available anymore, you will be offered a replacement options within a similar price bracket. Please note that misusing your fireplace (i.e. overfilling it with fuel or using the wrong fuel with a higher percentage of alcohol than stated on our website) will void your guarantee and you will not be eligible for a replacement.
16. Law –
These conditions and any contract between the Seller and the Customer shall be governed by the law of England and the Customer agrees to submit to the exclusive jurisdiction of the English Courts.