OUR TERMS

1.DEFINITIONS

WHEN THE FOLLOWING WORDS ARE USED IN THESE TERMS, THIS IS WHAT THEY WILL MEAN:

Event Outside Our Control: is defined in clause 10.2;
Goods: the goods that We are selling to you as set out in the Order;
Order: your order for the Goods;
Terms: the terms and conditions set out in this document; and
We/Our/Us: Highland Stoves, Units 1+3 Whitedykes Industrial Estate, Cromarty, IV11 8YB.

1.1 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.

2. OUR CONTRACT WITH YOU

2.1 These are the terms and conditions on which We supply Goods to you.

2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in theseTerms are complete and accurate, before you sign and submit the Order. If you think that there is a mistakeor require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid anyconfusion between you and Us.

2.3 When you sign and submit the Order to Us, this does not mean We have accepted your order for Goods. Ouracceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with theGoods, We will inform you of this and We will not process the Order.

2.4 These Terms will become binding on you and Us when We contact you that We are able to provide you withthe Goods, at which point a contract will come into existence between you and Us.

2.5 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quotethe order number in all subsequent correspondence with Us relating to the Order.

2.6 Our website, catalogue newspaper adverts and other publications are solely for the promotion of Our Goodsin the UK. Unfortunately, We do not accept orders from addresses outside the UK.

2.7 The images of the Goods on Our website or in Our catalogue or publications are for illustrative purposesonly. Although We have made every effort to display the colours accurately, We cannot guarantee that yourcomputer's display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightlyfrom those images.

3. CHANGES TO ORDER OR TERMS

3.1 We may revise these Terms from time to time in the following circumstances:

  • (a) changes in relevant laws and regulatory requirements;

3.2 If We have to revise these Terms under clause 3.1, We will give you at least one month's written notice of anychanges to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 11.

3.3 You may make a change to the Order for Goods at any time before We despatch the Goods by contactingUs. Where this means a change in the total price of the Goods, We will notify you of the amended price. You can choose to cancel the Order in accordance with clause 11.1 in these circumstances.

3.4 Where YOU have special requirements, and orders are not taken from stock, we may charge a nonrefundable deposit.

3.5 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 11.

4. DELIVERY OF GOODS

4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. Unfortunately We do not accept orders from addresses outside the UK.

4.2 We will contact you with an estimated delivery date, usually within 30 days of the day on which We accept your order. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause10 for Our responsibilities when this happens.

4.3 If you have asked to collect the Goods from Our premises, you can collect the Goods from Us by priorarrangement during Our working hours of 9-5 Monday - Friday and Saturday 9-1.

4.4 If no one is available at your address to take delivery, We will leave you a note that the Goods have beenreturned to Our premises, in which case, please contact us to rearrange delivery. We will not be liable for thecosts of redelivery.

4.5 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage ofstock, We will deliver the Order in instalments. We will not charge you extra delivery costs for this.

4.6 If We miss the 30 day delivery deadline for any Goods then you may cancel your Order straight away if any ofthe following apply

  • (a) We have refused to deliver the Goods;
  • (b) delivery within the delivery deadline was essential (taking into account all the relevantcircumstances); or
  • (c) you told Us before We accepted your order that delivery within the delivery deadline was essential.

4.7 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 4.6, youcan give Us a new deadline for delivery, which must be reasonable, and you can cancel your Order if We do not meet the new deadline.

4.8 If you do choose to cancel your Order for late delivery under clause 4.6 or clause 4.7, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goodshave been delivered to you, you will have to return them to Us or allow Us to collect them, and We will pay the costs of this. After you cancel your Order We will refund any sums you have paid to Us for the cancelled Goods and their delivery.

4.9 Delays whilst in transit are possible and are out of the Our control. It is up to You to inform Us if the order has not arrived. For this reason it is recommended that You ensure that You are in possession of all the goods first before booking installers/builders.

4.10 We are not liable for any costs incurred by You as a result of a delivery being lost or late.

4.11 Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us or you or acarrier organised by you collect them from Us and the Goods will be your responsibility from that time.

4.12 You own the Goods once We have received payment in full.

5. IF THE GOODS ARE FAULTY

As a consumer, you have legal rights in relation to Goods that are faulty or not as described. We are under alegal duty to supply Goods that are in conformity with this contract. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect theselegal rights. We reserve the right to inspect the Goods and take such steps as agreed with you to put them in working order.

6. THIRD-PARTY MANUFACTURER'S GUARANTEE OF GOODS

6.1 The Goods come with a manufacturer's guarantee. For details, please refer to the manufacturer's guarantee provided with the Goods.

6.2 This guarantee is in addition to, and does not affect, your legal rights in relation to any Goods that are faulty or not as described. We are under a legal duty to supply Goods that are in conformity with this contract. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

7. GOODWILL GUARANTEE OF GOODS

7.1 If you are unhappy with the Goods for any reason or you change your mind, we may on a discretionary basis allow you to return Goods to Us at your own cost within 7 calendar days of receipt if you send Us the proof of purchase. We will only refund you the price you paid for the Goods if the Goods are in the original packagingand in new, re-saleable condition. This does not section does not apply to sales concluded by telephone. Wereserve the right to apply a 10% restocking charge, or pass on any relevant charges we incur.

7.2 This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described. We are under a legal duty to supply Goods that are in conformity with this contract. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

8. PRICE AND PAYMENT

8.1 The price of the Goods will be set out in Our price list in force at the time We confirm your Order. Our pricesmay change at any time, but price changes will not affect Orders that We have confirmed with you.

8.2 The prices for the Goods exclude delivery costs, which will be added to the total amount due.

8.3 It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. Wewill normally check prices as part of Our despatch procedures so that, where the Goods' correct price is lessthan Our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the price stated on Our site, We will contact you to tell you and for yourinstructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing. We do not have to provide the Goods to you at the incorrect (lower) price.

8.4 Where We are providing Goods to you, you must make payment for Goods in advance by credit or debitcard. We accept payment with Mastercard, Maestro, Visa, Visa Electron, Discover, Diners Club, JCB, American Express, BACS, cheque and Cash. We will not charge your credit or debit card until We despatchthe Goods to you.

8.5 If you do not make any payment due to Us by the due date for payment, We may charge interest to you onthe overdue amount at the rate of 3% a year above the base lending rate of the Bank of Scotland from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.

8.6 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 8.5 will not apply for the period of the dispute.

9. OUR LIABILITY TO YOU

9.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach and it was referred to in writing by you at the time We entered into this contract.

9.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, businessinterruption, or loss of business opportunity.

9.3 We do not exclude or limit in any way Our liability for:

  • (a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
  • (b) fraud or fraudulent misrepresentation;
  • (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
  • (d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description,satisfactory quality, fitness for purpose and samples); and
  • (e) defective products under the Consumer Protection Act 1987.

10. EVENTS OUTSIDE OUR CONTROL

10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

10.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terroristattack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire,explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public orprivate telecommunications networks.

10.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under theseTerms:

  • (a) We will contact you as soon as reasonably possible to notify you; and
  • (b) Our obligations under these Terms will be suspended and the time for performance of Ourobligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.

10.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under clause 11. We will only cancel the contract ifthe Event Outside Our Control continues for longer than 2 weeks in accordance with Our cancellation rights in clause 11.

11. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND

11.1 Before the Goods are delivered, you have the following rights to cancel an Order for Goods, including where you choose to cancel because We are affected by an Event Outside Our Control or We change theseTerms under clause 3.1 to your material disadvantage:

  • (a) you may cancel any Order for Goods at any time before We despatch the Goods by contacting Us. We will confirm your cancellation in writing to you;
  • (b) if you cancel an Order under clause 11.1(a) and you have made any payment in advance for Goodsthat have not been delivered to you, We will refund these amounts to you and any delivery charges;
  • (c) unfortunately, if you cancel an Order for Goods under clause 11.1(a) and We have already despatched your Goods to you, We will not be able to cancel your Order until it is delivered orcollected. In this case, if you return the Goods to Us, We will have to charge you the cost ofcollection or you will have to pay the cost of returning the Goods back to Us. This will not affect your refund for the Goods themselves, but We will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.
  • (d) Where you have ordered your Goods via telephone you may return the Goods to us, for anyreason, up to 14 days after the date on which the Goods were delivered to you. In this case, if you return the Goods to Us, We will have to charge you the cost of collection or you will have to pay thecost of returning the Goods back to Us.
  • (e) Where the Goods have been despatched We reserve the right to apply a 10% restocking charge, orpass on any relevant charges We incur.

12. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control orthe unavailability of stock. If this happens:

  • (a) We will promptly contact you to let you know;
  • (b) if you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you.

13. INFORMATION ABOUT US AND HOW TO CONTACT US

13.1 We are a partnership established in Scotland. Our address is Units 1+3 Whitedykes Industrial Estate, Cromarty, IV11 8YB. Our registered VAT number is . GB939626480

13.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us bytelephoning Us on 01381 600700 or by e-mailing Us at sales@highlandstoves.com.

13.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post toHighland Stoves, Units 1+3 Whitedykes Industrial Estate, Cromarty, IV11 8YB. We will confirm receipt of thisby contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, byhand, or by pre-paid post to the address you provide to Us in the Order.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

Highland Stoves committed to protecting and respecting your privacy. This document along with our terms and conditions, explains what personal data we collect and how we process your personal data when you contact us on the telephone, in person or via our website.

For the purposes of the Data Protection Act 1988, the data controller is Helen Elliott Unit 1 and 3 Whitedykes Industrial Estate, Cromarty Ross-shire, IV11 8YB.

14.1 INFORMATION WE COLLECT WHEN YOU CONTACT US

If you contact us via our website or by telephone enquiry or personal enquiry, we collect your name and contact information and details of the nature of your query.

This information is only used internally to be able to respond to your enquiry and introduce you to the services of the company or to arrange an appointment with one of our fitters.

14.2 INFORMATION WE COLLECT WHEN YOU BECOME A CUSTOMER

If you engage us as a retailer, we will obviously be handling personal information to enable us to complete sales transactions on your behalf and to help you with all your requirements. We take our responsibility for the processing and security of this very seriously as we lay out later in this document.

the information we collect from you may include any of the following: -

  • Full name and any prior names or you and your spouse/partner
  • Contact details including address, telephone numbers, email addresses
  • Bank details including sort codes and account numbers

14.3 HOW WE USE YOUR DATA

As described above, we use your data:

  1. To help us to respond to your enquiries.
  2. As a reference for which of our services you may be interested in if you contact us.
  3. For internal only statistical and marketing analysis
  4. To enable us to meet our contractual obligations in attending to your purchase.
  5. To improve our services

 

14.4 WHEN AND WHY WE MAY SHARE YOUR DATA

Be assured we do not share your data for marketing purposes in any circumstances, however, there will be instances where it will be necessary for us to share the data you have provided. In general, we will only share your personal data with a third party:

  • If we are legally obliged to do so
  • To fulfil our contractual obligations to you
  • To prevent fraud and promote credit risk control.
  • To protect the rights, property, or safety of Highland stoves, its staff, or its clients

Primarily we will share your personal data where it is necessary in order for us to fulfil our contractual obligations to you.

14.5 HOW WE PROTECT YOUR DATA

We acknowledge that data transmitted through the internet and by email is not completely secure. We do our best to protect your personal data but cannot guarantee the security of your data when it is transmitted via our website.

Once we have received your data, we have made provisions to keep it secure: -

  • All data stored on devices owned by Highland Stoves either, computers or mobile devices are fully password protected.
  • Where data is stored with online cloud-based applications we have vetted our suppliers to ensure that their systems are secure and comply with UK and EU Data Protection Standards
  • We hold an absolute minimum of hard copy documentation but where it is held it is maintained in locked filing cabinets in a secure building.
  • All electronic data is regularly backup up off site with online service providers. Those service providers have been vetted and their systems comply with UK and EU Data protection standards.
  • We strive to ensure all your personal details are maintained up to date and free from error to the best of our abilities.

14.6 WHEN WE DESTROY YOUR DATA

We hold all client personal data during the period when we are engaged as professional advisors. All financial records are maintained for 7 years to enable us to meet your obligations under taxation legislation in the event of an HMRC enquiry.

Any information we are required to keep under the Money Laundering regulations including client verification details will be maintained throughout our period of engagement and for a period of 5 years after our engagement has ceased in line with the legislation.

When information is destroyed within these constraints electronic data will be deleted from all devices and back up procedures. Hard copy information will be securely shredded, and a certificate of destruction obtained and held on our files.

14.7 YOUR RIGHTS REGARDING YOUR DATA

Access and Transfer

You have the right to access the data we hold on you at any time, or to request that we send your data to an individual or group of your choosing.

To request this, please write to us or email us at the below address. We will need proof of your identity and address, and details on the information you require.

We will fulfil your request within one month and will require a further 2 months for completion if your request is complex or extensive.

Correction of Records

You have the right to correct any personal information which we hold. To do so, please write to us at the below address, or email with the subject line “request for correction of personal data”.

Erasure

You have the right to request that we delete your personal data permanently. To do so, please write to us at the below address, or email us with the subject line “request for deletion of personal data”.

This is subject to our legal and professional obligations. If we are unable to delete personal data due to legal or professional obligations, we will respond to you with the reasons that we cannot meet your request and will confirm which data we must maintain and which data we can delete.

Complaints

You have the right to complain about the way we handle your data to a supervisory authority such as the Information Commissioners Office. Further information can be found via their website. https://ico.org.uk/conserns/

14.8 CONTACT DETAILS

If you would like to contact us regarding any aspect of this Privacy Notice, please do so either by writing to us at:

Highland Stoves Ltd

Units 1 & 3 Whitedykes Industrial Estate

Cromarty

Ross-shire

IV11 8YB

Or by sending an email to sales@highlandstoves.com

 

15. OTHER IMPORTANT TERMS

15.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always tell you in writing if this happens, but this will not affect your rights under the contract or the obligations owed to you under the Contract.

15.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.

15.3 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Ourrights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides thatany of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

15.5 These Terms are governed by Scottish law. You and We both agree to submit to the non-exclusive jurisdiction of the Scottish courts.

 

 

 

Testimonials
I've just bought an Aarrow Ecoburnplus 5KW stove - I can't yet comment on the efficiency of the stove as it's being delivered this week, but I'd like to comment on the excellent customer service provided by Maurice. I've told him he was the reason I didn't buy my stove from an internet site! He gave excellent advice in a very friendly way, nothing was too much trouble, and delivery was organised super-efficiently. Very impressed, very happy customer.
Eileen Laybourne

If you have a general question or enquiry about anything on this page, please just ask. We'll be happy to help. 01381 600700 or Sales@highlandstoves.com.

  • Registered Office: Unit 1,Whitedykes Industrial Estate, Cromarty IV11 8YB Scotland
  • Tel: 01381 600700
  • Email:

Highland Stoves, multi-fuel and wood burning stoves and multifuel cooker stoves throughout the highlands and islands of Scotland. We have happy customers all over the North of Scotland, from the East Coast to the West Coast and right around the NC500. Below is a handy list of some of the main locations we serve;

  • Inverness
  • Alness
  • Ardgay
  • Avoch
  • Blackisle
  • Beauly
  • Cromarty
  • Culbokie
  • Dingwall
  • Drumnadrochit
  • Forres
  • Fort William
  • Fortrose
  • Golspie
  • Invergordon
  • Muir of Ord
  • North Kessock
  • Nairn
  • Rosemarkie
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