Ash and Flame – Terms & Conditions

Important: These Terms and Conditions provide general guidance. They do not constitute legal advice. You should obtain professional legal assistance to tailor these terms to your circumstances and ensure they comply with UK law.

1. Definitions

• Company, we, us – Ash and Flame.
• Customer, you – The person or business purchasing goods from us.
• Goods – Fireplaces, stoves, accessories and any other products we sell.
• Bespoke goods – Items designed or adapted to your individual specifications.

2. Orders & Contract Formation

1. By placing an order you offer to purchase goods under these Terms. We reserve the right to accept or decline your order.
2. For bespoke goods, a binding contract is formed when we issue a written acceptance and receive your deposit. For standard goods, acceptance occurs when we dispatch the goods or issue a written acceptance.
3. If we cannot accept your order, we will refund any deposit or payment you have made.

3. Pricing

1. Prices include VAT unless otherwise stated.
2. Delivery, installation and other charges will be quoted separately and confirmed at the time of order.
3. If we discover a pricing error we will inform you and give you the choice of proceeding at the correct price or cancelling your order.

4. Payment

1. We offer an instalment payment option (“iPurchase”) allowing you to secure your order with a deposit and pay the balance in agreed instalments.
2. Deposit: A deposit—typically 25% of the total order value—is payable when you place an order. The deposit reserves materials and begins the design or procurement process. It is generally non-refundable because it reflects the genuine pre-estimate of our costs (e.g., reserving time or ordering custom materials). We will tell you the deposit amount before you commit.
3. Balance: The remaining balance is payable in instalments according to the schedule in your order confirmation. You must ensure payments are made when due; failure to pay on time may allow us to charge statutory interest and to suspend or terminate the contract.
4. Instalment default: If you miss an instalment, interest may accrue at 8% above the Bank of England base rate per annum until paid. We may also suspend work, withhold goods, or terminate the contract.

5. Lead Times & Delivery

1. Many of our products are bespoke or special-order items. Estimated lead times given at the time of order are for guidance only and are not guaranteed. Supply-chain issues, manufacturing schedules and design revisions can extend lead times to several months.
2. We will inform you of anticipated delays. Delays due to factors beyond our reasonable control (e.g., supplier delays, customs issues, industrial actions, material shortages or force-majeure events) do not constitute a breach. We will use reasonable endeavours to deliver within the quoted timeframe.
3. For standard goods purchased online, the Consumer Contracts Regulations provide a 14-day cooling-off period beginning on the day after delivery during which you may cancel without giving a reason. This right does not apply to bespoke or personalised goods.
4. If you arrange your own collection or delivery, risk transfers once the goods are collected. Otherwise, risk transfers when goods are delivered to you.

6. Bespoke Goods

1. Bespoke goods are made to your individual specifications and cannot be sold to other customers. Once we begin design work or procure materials, you may not cancel or amend the order without our written consent. The 14-day cooling-off period does not apply to bespoke goods.
2. If we allow you to cancel a bespoke order before production starts, we may retain all or part of your deposit to cover design work and supplier commitments.
3. If you request design changes after production starts, additional charges and time may apply.
4. Because bespoke goods cannot easily be resold, we cannot offer refunds or returns unless the goods are faulty or not as described.

7. Right to Cancel & Returns

1. For standard goods purchased online or by telephone, you have 14 days from the day after delivery to cancel for any reason. You must notify us in writing and return the goods in their original condition at your expense. We will refund the price (less any reduction for loss of value caused by unnecessary handling) within 14 days of receiving the goods.
2. The cooling-off right does not apply to bespoke goods.
3. These Terms do not affect your statutory rights if goods are faulty, not of satisfactory quality, fit for purpose or as described. Under the Consumer Rights Act 2015, faulty goods may entitle you to a repair, replacement or refund.

8. Ownership & Risk

1. Risk passes to you upon delivery (or collection by you or your carrier). You should insure the goods from that point.
2. Ownership passes once we have received full payment for the goods and any applicable delivery/installation charges.
3. Until ownership passes, you must keep the goods in good condition and not sell or pledge them.

9. Warranty

1. Goods are covered by the manufacturer’s warranty (usually 12 months). We warrant that goods will correspond to their specification and be free from material defects. This warranty does not cover wear and tear, misuse, neglect or improper installation.
2. No other warranties apply unless expressly stated.

10. Liability

1. Nothing in these Terms limits or excludes liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be limited.
2. Subject to clause 10.1, our total liability for all other losses under the contract is limited to the price paid for the goods.
3. We are not liable for indirect or consequential losses (e.g., loss of profit, business or opportunity).

11. Force Majeure

We will not be liable for any failure or delay in performing our obligations where such delay or failure is caused by events beyond our reasonable control (including acts of God, fire, flood, extreme weather, war, terrorism, strikes, transport disruptions, epidemics, pandemics or supply-chain disruptions). We will notify you and provide a revised delivery date or a refund as appropriate.

12. Intellectual Property

All designs, drawings, specifications and other materials we produce remain our intellectual property unless otherwise agreed. You may not reproduce or use these materials without our prior written consent.

13. Privacy & Data

We collect and use personal data in accordance with our Privacy Policy and applicable data-protection laws. Please see our Privacy Policy for details on how we handle your information.

14. Changes to Terms

We may update these Terms from time to time. The version in force when you place your order applies to that order. If we make material changes (e.g., to our iPurchase scheme or refund policy) we will notify customers and, where legally required, obtain their consent before such changes take effect.

15. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the English courts.

Contact Details

Ash and Flame
Address: 194-196 Battersea Park Rd, London SW11 4ND

Contact Phone: 0333 456 8821
Email: enquiries@ashandflame.co.uk

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Disclaimer: This document is a general template. Ensure that it is reviewed and customised by a qualified legal professional before use.