In these conditions of sale “The Company”, “We” or “Our” means The Kent Chimney Sweeping Ltd (Trading as “Kent Chimney”) whose office is at Maidstone Road, Paddock Wood, Kent, TN12 6QJ. “The Customer”, “You” or “Your” means the person, firm or company from whom an order is accepted by the Company.

Goods

Goods means goods or services which are subject of such an order be it placed verbally or in writing.

Price

The cost for the supply of materials, servicing and installation are set out on our website page: Prices  unless otherwise stated, either verbally or in writing.  Amounts agreed shall be due and payable immediately once any works, services or supply of goods has been completed or made. Price for unforeseen additional works that are discovered during the process shall be agreed by both parties at that time. Should you not wish to continue at that point a fair price for works to that point will be due by you.

Deposits and Payment

A deposit or full advance payment may be required to be paid to the Company prior to the ordering of some goods or services. Any remaining balance becomes payable immediately on completion of the installation. Should you cancel an order after goods have been ordered a cancellation charge may be made.

Cancellation

Deposits will be refundable in full should you decide you do not wish to proceed with the sale only if goods have not been ordered. If goods (or part of) have been ordered / delivered the Customer will bear the restocking charge, delivery charge, courier charge and any other related charges such as card commission costs that are incurred due to the item being returned to the supplier. We reserve the right to retain all or part of the Customer deposit as a contribution towards any losses or costs we suffer as a result of the cancellation. The principle is simply to recover any of our genuine costs or losses as a result of the cancellation.

Availability

Goods are subject to availability from the manufacturer and although every effort is made to deliver the ordered goods within a reasonable period of time, availability of such goods are subject to seasonable variation and supply by the manufacturer and timely delivery cannot be guaranteed.

Ownership of Goods

The Customer will only own the goods and/or materials once they have been successfully delivered and when the Company have received cleared payment in full.

Works

If in the opinion of the Company it is not reasonably practicable for any reason to carry out any of the work instructed to be carried out then we shall be entitled to refrain from carrying out or completing such work and will consult with the Customer as to what if any work is to be undertaken. We will, if requested by you, provide an explanation as to why any work is not considered to be reasonable or practicable. If the cost to the Company of carrying out the work is subsequently increased by reason of increases in the cost of materials and/or labour and/or any other factor outside our control then the Company shall notify the Customer before undertaking any work to which the increase will apply. If the Customer requires the Company to discontinue the work, the Customer shall only be required to pay the Company for the work already carried out.

Payment

Unless agreed in writing by the Company the price for the goods and/or services/ or installation shall be payable immediately on acceptance of the goods or completion of the service or installation in accordance with the relevant invoice. In practice this means that the final balance payment is due when the goods or services have been installed or carried out in the customer’s premises to their satisfaction. In event that partial goods or works are outstanding the customer may only withold a reasonable sum commensurate with the outstanding item or works. The Company shall be entitled to charge interest on overdue invoices from the date when payment becomes due to the day until the date of payment at a rate of 1.5% per annum above the base rate of the Bank of England.

Warranty

Goods are subject to the warranty of the manufacturer and should be operated in accordance with the manufacturer’s instructions. The Company warrant that the services performed shall be performed using reasonable skill and care and of a quality conforming to generally accepted industry standards and practices. Installation services are guaranteed for a minimum of 12 months.

Invalidity

If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms and Conditions will not be affected.

Liability

The Customer will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by the Company as a result of Customer breach or default in the discharge of their obligations.

Where the Company need to carry out work on Customer premises and/or install equipment, the Company will not accept liability for the cost of repairing or replacement parts of existing system or furnishings, which occurs due to faults in the system, including wear and tear, unless the Company have been negligent in not realising that such damage may occur or in the way the work was carried out.

In the event of the Company losing or damaging your goods, the Company will pay for the reasonable costs of the repair or replacement (less wear or tear) of the item or provide the Customer with a full refund if the Company have been negligent. Nothing in these Terms & Conditions shall exclude or limit the Company’s liability for death or personal injury resulting from the Company’s negligence or that of its employees, agents or sub-contractors.

Governing Law and Jurisdiction

Parties to these Terms and Conditions agree to submit to the exclusive jurisdiction of the courts of England and Wales.

Third Party Rights

Nothing in these Terms and Conditions are intended to, nor shall it confer any rights on a third party.

Privacy notice

All personal details that you give us are securely stored. We do not supply, share or sell customers details to any outside organisation. We will treat all your personal information as confidential. We will keep it securely and will fully comply with all applicable UK data protection and consumer legislation.

We will endeavour to take all reasonable care, in so far as it is possible to do so, to keep all details of your order and payment secure but, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering.

We only hold those details that are required to carry out the provision of goods and services and those legally required to be held for accounting records and the provision of information to HMRC or relevant government authority. Details are held partly in digital form and partly on paper copies. They are generally held for 3 years or until expiry of any warrantees but in all circumstances a maximum of 6 years, after which they will be permanently destroyed. No credit and debit card details are held or retained by us.

Customer Services

To protect your own interests please read the Terms and Conditions carefully before committing to an order. If you are unhappy with any aspect of our service please contact The Kent Stove Company Ltd and we will work with you to reach a satisfactory conclusion.

Changes to Terms and Conditions of Business

We reserve the right to make minor changes to these Terms and Conditions from time to time.