These Terms of Service govern your use of the website located at https://www.enviro-flame.co.uk and any related services provided by Enviro-Flame.
Enviro-Flame, officially known as The London Chimney Sweeps Limited, located at Unit 1, Riverside Business Park, 16 Lyon Road, Wimbledon, SW19 2RL, England, with the registration number 08676723, extends its services and goods under the conditions presented in these terms. By placing an order, the customer acknowledges having read, understood, and accepted these conditions in full.
By accessing https://www.enviro-flame.co.uk, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Enviro-Flame.
We, Enviro-Flame, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on 30 August 2023.
By placing an order, the customer submits a contractual proposal. Our acceptance of this proposal, signified through an Order Confirmation or Invoice, establishes a legally binding contract. We advise customers to review these terms carefully before confirming an order and seek clarification for any uncertainties. Our promotional materials, price lists, estimate, quotation or other documents should not be seen as an obligatory contractual offer.
Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
The intellectual property in the materials contained in this website are owned by or licensed to Enviro-Flame and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Enviro-Flame at any time.
Registration and Payments
In order to use our services you need to place an order, or for commercial clients, create an online account. Any information provided needs to be accurate and updated if necessary. Customers are liable for maintaining their accounts and are fully responsible for all activities occurring under their accounts. Should anybody gain unauthorised access to your account, you need to notify us immediately. Enviro-Flame is not liable for any loss or damage arising from failure to maintain the confidentiality of your account.
When creating your account you are required to provide your financial information relevant to the chosen payment method, in some cases, you may be requested to provide your credit/debit card details. If paying by bank transfer, please use your invoice number as reference and please note, we do not accept bank cheques as a form of payment. We are not liable for failed delivery of goods that may arise from providing incorrect, incomplete, or missing information needed to finalise the order. Please note that any payments made on our platform will be processed by PayPal or Stripe. As such, we will not be responsible for processing or retaining any of your financial information. PayPal or Stripe will handle all of your financial information per their respective Terms of Service, and you agree to comply with such Terms of Service.
Goods’ prices are as indicated in our quotations. Special Prices, if advertised, are valid for 14 days or as stated. While we ensure accuracy in our quotations, discrepancies will be addressed upon order processing. VAT is included in all prices. All payments must be made in advance through acceptable payment methods. Late payments may attract interest. Complete payment is essential for the registration of Gas Safe and/or HETAS certifications and registration with Building Control.
Order Management and Associated Costs
If you need to modify any part of your order, whether it is the product’s specifications or quantity, notify us in writing before we begin production or dispatch. Changes might lead to variations in the total cost, and if that is the case, we will update you with the revised pricing.
If you decide to cancel after paying the initial 50% deposit, there is a 30% restocking fee. Custom-made orders are not eligible for refunds upon cancellation. Given our diverse product range from various manufacturers and distributors, changes to an order might result in restocking fees. These costs might be passed onto you. For more information on these charges and other related details, refer to our Refund Policy.
Please note that we reserve the right to cancel an order in specific conditions, such as stock unavailability or external disturbances extending beyond 5 weeks.
Deliveries are restricted to 10 miles from our showrooms and only on special requests. Upon Order Confirmation, an estimated delivery date is provided. Direct collection from our premises is available from 10:00 a.m. to 4:00 p.m., Monday to Friday. Ownership of goods are only transferred to the customers after full payment. For more information about deliveries, please review our Shipping Policy.
Bespoke and Custom Orders
We pride ourselves on offering bespoke and custom-made fireplaces, chimney systems, and stonework tailored to our customers’ unique specifications. Given the singular nature of these creations, full payment is demanded at the time of ordering. Additionally, once the manufacturing process has begun, these orders become non-refundable. It is crucial to note that any dimensions and designs agreed upon during the ordering phase are final. Should a customer wish to modify the design or dimensions after production has commenced or even post-installation, this will necessitate a new order and will be billed accordingly. We earnestly request our customers to provide precise specifications at the outset to ensure mutual satisfaction and to circumvent potential disputes down the line.
Upon completion of a fireplace supply and installation, we rigorously test the functionality of the fire to ensure its safe and optimal performance. This thorough testing is pivotal for us to furnish our customers with a Gas Safe or HETAS certificate, signifying that the fireplace is operational and adheres to the requisite safety standards. As such, the fireplace’s efficacy and safety are validated immediately post-installation.
We acknowledge that customers may desire to experience the fireplace during its intended season of use, especially in the summertime, before finalising their payments. However, considering our rigorous testing protocols and the subsequent certification, it is essential that payments are not deferred based on such preferences. We stipulate that full outstanding balances for the fireplace supply and installation should be settled promptly upon the completion of the installation.
To ensure that our business operations remain seamless and to encourage timely payments, any outstanding balances not received within 14 days post-installation will be subject to a penalty. Interest of 5% above the Bank of England base rate will be levied on the remaining amount for every subsequent week until the balance is fully settled. This is not just a measure to expedite payments but also an acknowledgement of the value and trust we place in our work and services.
We strongly recommend that customers reach out to us for any payment-related queries or concerns. Our primary aim is to ensure the satisfaction of our customers, and open communication aids in achieving that goal.
Fireplace Installation and Aftercare Terms
A comprehensive survey precedes any installation, designed to guide and confirm the type of fireplace and flue liner required, along with outlining the anticipated scope of work. However, despite our meticulous planning, unforeseen challenges can arise during the installation. In such cases, our team reports the specifics to our main office, which will then advise on the appropriate measures to address the problem, highlighting any additional time or costs involved. If unforeseen circumstances extend the installation duration, our commitment is to finalise the task at the earliest possible convenience.
In instances where the completion of work is hindered by factors beyond our control, or if the customer provides goods not aligned with the installation’s requisites, additional charges will be levied to finalise the project. It is important to note that a baseline charge of £95.00 + VAT per engineer will be applied under such circumstances.
The installation of components such as liners, chimney pots, chimney caps, cowls, and terminals, which necessitate roof access, is contingent upon favourable weather conditions. Adverse weather scenarios, including high winds, rain, snow, or icy conditions, may demand rescheduling, which might introduce delays in project completion.
Our mandate primarily encompasses the central installation process. This means tasks outside this scope, such as flooring adjustments or skirting board modifications, are not covered. It is pivotal for customers to provide feedback or raise concerns within a window of seven days post-installation, in writing, for any discrepancies or issues observed during this period.
Electric fireplace installations that require work involving a ‘small works certificate’ are not included as part of the installation and will be the responsibility of the customer to find an electrical contractor to carry this out.
Cables for AV (audio visual) equipment are the responsibility of the customer to provide prior to installation with instruction on where they are to be run during the survey process. Enviro-Flame do not carry out AV installations, so the client will need to make their own arrangements once the fireplace installation is complete with their own AV contractor.
Materials such as natural stone bear distinct characteristics, with every piece showcasing its unique veins, fissures, and patterns, underscoring its authenticity. These traits are inherent to the material and are not classified as defects. As such, returns or discounts based purely on these characteristics are not entertained.
It is also the customers responsibility to ensure the area we are due to work in is free from obstruction or other contractors, to enable us to carry out our work without hindrance. We will need complete access to the fireplace or area we are due to work on, including the roof area where applicable.
Where there is furniture, ornaments or other valuable items in a room or adjacent rooms, the protection of these items is down to the customer. Although we take every care to ensure dust etc. is kept to a minimum, we cannot be held responsible for airborne dust that may escape during the work we are carrying out.
Once the installation is accomplished, while we vouch for the structural and functional reliability of the fireplace, any ancillary decorative or carpentry endeavours squarely fall upon the customer. This includes tasks like post-installation sanding, which might be necessitated if customers choose to hire decorators for the final finish. We explicitly state that our liability does not extend to these post-installation embellishments.
On occasion, after a spillage test has been carried out of a fireplace, the opening may need to be reduced to allow the flue to draw correctly. The spillage test can only be carried out after a new chimney system or liner is installed and the fireplace has been connected and tested. The results of a chimney sweep and flue flow test are not the same test as a spillage test and it is only at the completed stage that any issues regarding spillage can be found. There are various aspects that can cause spillage issues, including but not limited to weather conditions, negative air pressure and outside barometric temperature. In such situations, Enviro-Flame will provide options to prevent spillage including the installation of a glass header to reduce the opening or terminal to reduce downdraft, amongst many other options.
Disclaimer and Limitations of Liability
Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, Enviro-Flame makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Enviro-Flame or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Enviro-Flame or an authorised representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
We accept responsibility for any predictable loss or damage that may arise from breaches in these terms or from our negligence. Loss or damage is deemed predictable if it is an evident outcome of our breach or negligence or if considered by both parties upon contract formation. Our goods are solely intended for domestic and private use. We neither warrant nor claim that the goods are apt for commercial, business, or industrial uses. By placing an order, customers confirm not to utilise the goods for such intentions, and we disclaim responsibility for any loss of profit, business interruption, or missed business opportunities. Our liability does not exclude or limit scenarios related to our negligence leading to death or personal injury or due to fraud or fraudulent misrepresentation. Furthermore, our liability is not limited regarding specific rights as a consumer under various acts, including the Sale of Goods Act 1979 and the Consumer Protection Act 1987.
Guarantee and Maintenance
The goods we provide come with a manufacturer’s guarantee. For a comprehensive understanding, we recommend referring to the manufacturer’s guarantee documentation accompanying the goods. To uphold the manufacturer’s warranty, we advise that all working fireplaces and flues be serviced and/or swept every 12 months. Wood or coal fuels might necessitate 1-2 sweeps annually, contingent on usage. Your legal consumer rights—ensuring that goods align with our description, remain of satisfactory quality, and are fit for the intended purpose—are independent of the manufacturer’s guarantee. For further information on these rights, consult your local Citizens Advice Bureau or the Office of Fair Trading. Customers should address any installation concerns in writing within seven days post-installation for a cost-free return visit. Otherwise, visits due to non-installation-related issues might incur a minimum charge of £95.00 + VAT. Ensuring the procurement of all pertinent manuals and verifying the operational state of the installation before our installers depart is the customer’s responsibility.
Accuracy of Materials
The materials appearing on our website are not comprehensive and are for general information purposes only. Enviro-Flame does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website. You should not rely solely on the said materials to make decisions, we advise you to consult other, more complete sources of information. You are solely responsible for the strict reliance on the materials posted on our website. We have the right to change the information on our website without prior notice and users are responsible to monitor said changes. Any historical information present on our website is provided for reference only.
Goods Description and Specifications
While we strive to ensure the fidelity of images and descriptions in our promotional materials, variances may arise due to printing discrepancies and electronic display differences. In case the delivered goods do not match the provided descriptions or images, customers can return them as outlined later in the terms. We pledge to correct any unintentional errors in our promotional materials as swiftly as feasible. Any changes needed to conform to safety or legal requirements will be made without prior notice.
Please note that our website may include third-party tools which are outside of our control. The access to said tools is provided on an ‘as is’ basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of the third-party tools provided on our website. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider’s Terms of Service. Enviro-Flame has the right to offer new third-party tools in the future.
Enviro-Flame has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Enviro-Flame of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Data Protection and Personal Information
We handle all collected personal information in compliance with the Data Protection Act 1998. This information aids in delivering our services, processing payments, and notifying customers about our new offerings. Customers have the liberty to request discontinuation of such notifications. In specific scenarios, like credit-based purchases, we might share this information with credit reference agencies, given customer consent. We pledge not to share personal data with third parties without explicit permission.
Inaccuracies and Mistakes
Please note that any content available on our website may contain typographical errors, inaccuracies, or mistakes related to the service’s description, pricing, promotion, and availability. We have the right to cancel or update any existing orders should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obligated to clarify any of the information related to our website and service, including pricing information, except as required by law.
Force Majeure: Events Outside of Our Control
Our obligations might be hindered or delayed by events beyond our reasonable control, including but not limited to power failures, ISP issues, industrial actions, civil unrest, natural disasters, terrorist acts, war, government actions, or epidemics. In the face of such occurrences, we will promptly notify you, our obligations will be suspended, and any deadlines will be adjusted. If the situation persists for over 120 days, we reserve the right to cancel our contract, ensuring timely refunds. Customers can also cancel in line with previous cancellation rights if such events arise.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the website; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the website with whom you connected via the website.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Right to Terminate
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
These Terms of Service and any policies or operating rules posted by us on the website or with respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the website. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
Communication and Contact
For inquiries or complaints, customers can reach us at 0208 543 2170 or email us at firstname.lastname@example.org. For certain procedures, like order cancellations, customers must contact us in writing, either through the aforementioned email or by pre-paid post to our address.
We strive to deliver top-tier service and products. However, if customers are unsatisfied in any manner, we encourage them to contact us within seven days post-installation. We are committed to addressing issues promptly, with a typical response window of 5 days, providing remedy dates where feasible.
All matters arising from these Terms of Service, including non-contractual issues, are governed by the laws of England and Wales. Any disputes between us fall under the non-exclusive jurisdiction of the courts of England and Wales.