Terms & Conditions of Sale
Gas Fire Pits Ireland
5. Delivery, Title & Risk
7. Product Specifications
8. Trade Names & Trade Marks and Rights
9. Warranties & Returns
10. Elementi’s Liabilities
11. Health & Safety
12. Force Majeure
13. Reduced price offer & Liquidation Products
14. The Consumer Protection (Distance Selling) Regulations 2000
15. Errors & Omissions
16. Security of transactions and data protection
17. General Terms of Business
1.1 “Customer” includes, "Consumer" and “you” and “user”.
1.2 "Elementi" means Elementi Limited, registered in Ireland, also referred to as "we" or "us" in these terms and conditions.
1.3 "Catalogue" means the catalogue of products and services offered by Elementi.
1.4 "Force Majeure" means any cause affecting the performance by Elementi of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
1.5 "Normal Working Hours" means 08:30 to 16:30 Monday to Friday and 08:30 to 12:30 on Saturday (Excluding Bank or Public Holidays).
1.6 Please note special terms may apply to Consumers/users, which prevail over the other provisions of these terms and conditions. Consumers are referred to Clause 13.
2.1 All orders for products and services are accepted by Elementi subject to these terms and conditions of sale. No other terms will apply to the supply of products and/or services by Elementi unless agreed in writing by an authorised signatory of Elementi.
2.2 All descriptions of the products and services offered by Elementi, including those in promotional literature, the website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between us and the Customer. Elementi may correct any errors in its promotional material or website without liability to the Customer. The advertising of products and services in the Elementi promotional literature or website merely constitutes an invitation by Elementi for the Customer to make an offer to purchase products and services.
3.1 All contracts of sale made by Elementi shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the other party ("the Customer"). Cancellation of orders by business to business customers is not accepted. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Consumer's statutory or contractual rights to reject faulty goods.
3.2 All orders are subject to acceptance and to availability of the goods ordered: Elementi reserves the right to decline to trade with any company or person. In addition, Elementi may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or mail or electronic mail within a reasonable period of receipt by Elementi of the order.
4.1 Goods and services, are invoiced at the price prevailing at time of order.
4.2 Prices are quoted in Euro and exclude VAT, packing/shipping charges and any other taxes which, where applicable, must be paid by you in addition to the price and which will be listed with the total cost of your order.
4.3 Elementi reserves the right to modify the prices from time to time.
5. Delivery, Title and Risk
5.1 Our standard delivery service is by an ‘economy pallet delivery network’, which provides for ‘kerbside delivery’ only. Deliveries on this service are only available on specified weekdays and at unconfirmed times between 08:30 and 17:30 and someone must be on site to confirm delivery. We can request that the transport company contact you by telephone 1 hour prior to the delivery arriving but cannot guarantee this service.
5.2 In addition to the full delivery address, we will require a contact telephone number that can be used to advise of any delays, or seek directions if the driver is unable to locate the address.
Next Day delivery (through the same pallet service) is available to most areas at additional cost.
We will agree a delivery date (but not time) with you and make every effort to ensure that this is fulfilled but cannot be held responsible for delays out with our control. We will not accept responsibility for consequential costs, so please do not schedule tradesmen until the ‘goods’ are on site.
Please ensure that there is someone on site to accept delivery and inspect the goods, undelivered goods will be returned to the nearest depot and it will become the consignee’s responsibility to arrange (and pay for) further delivery attempts.
5.3 Access to the delivery site determines the type of vehicle that can be used and we require notification of any conditions (sharp bends, weak bridges, narrow roads etc.) that would restrict access by a large vehicle (13metres long and 17 tonnes). In most cases we can arrange for more suitable vehicles but only when advised of access difficulties at the time of placing the order; any additional charges will be payable by the consignee.
5.4 You must also advise us of the method to be used to offload the consignment; either ’forklift’, ‘tail-lift and pallet truck’ or other. ‘Forklift’ provision is the responsibility of the consignee. The consignee is responsible for ensuring that the ground surface is acceptable for the use of a ‘pallet truck’, if this method of offloading is required. This is a ‘kerbside’ delivery service i.e. the goods will only be delivered to the nearest safest point to the delivery address; the driver is prohibited from moving the goods further. The goods are crated or palletized before leaving our premises and secured for transport, please take care when loosening fastenings in case the goods move. These goods can be very heavy and bulky so make sure that personnel involved in moving them are aware of the safe and correct methods of lifting and handling.
5.5 Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the products and quantities delivered corresponds with the numbers stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. Elementi shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment. Photographic evidence of all damage will be required for insurance purposes.
5.6 Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
5.7 Title in the goods does not pass to the Customer until payment is received in full by Elementi, however risk of loss or damage is passed on to the customer on delivery of goods.
5.9 Where the Customer requests goods to be sent by other delivery services or expressly instructs Elementi to leave goods without requiring Elementi to obtain a Proof of Delivery, delivery shall be deemed to have been successfully completed on despatch by Elementi.
6.1 For any bespoke products or services a delivery date must be agreed and all goods must be paid for in full before we can commence any manufacturing. Once production has commenced no changes can be accepted to the order without additional charges being incurred.
6.2 For all other orders payment must be made prior to ‘loading’ for delivery or collection, unless special arrangements have been agreed by Elementi.
6.3 We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
7. Product specifications
7.1 Elementi makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications. Where these dimensions are critical to the application and use of the product the customer is advised to get them confirmed in writing by mail or e-mail from us.
7.2 Elementi has made every effort to ensure that the colours of the products are displayed in promotional literature and online as accurately as possible. However, since presentation of colour varies with type of monitor settings or other media, Elementi cannot guarantee that the colours accurately reflect the colour of the product on delivery. Customers are strongly advised to ask for samples before ordering to ascertain suitability. Elementi will take every care and effort to ensure that product descriptions, sizes and prices are displayed correctly at the time of entering the relevant information onto the system. However, Elementi reserves the right to refuse any orders where the information/sizes and prices are published incorrectly (this includes promotions).
7.3 If Elementi cannot supply the goods ordered by the Customer, Elementi reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Elementi in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
7.4 Each customer bears the full responsibility for making its own determination as to the suitability of Elementi´s materials, products, services, recommendations or advice for its own particular purpose. Each customer must identify and perform tests and analyses sufficient to assure it that its finished parts will be safe and suitable for use under end-use conditions. Because actual use of products by the user is beyond the control of Elementi, such use is the exclusive responsibility of the customer, and Elementi cannot be held responsible for any loss incurred through incorrect or faulty use of the products. Further, no statement contained herein concerning a possible or suggested use of any material, product, service or design is intended or should be construed to grant any license under any patent or other intellectual property right of Elementi or any of its subsidiaries or affiliated companies, or as a recommendation for the use of such material, product, service or design in the infringement of any patent or other intellectual property right.
8. Trade names & Trade Marks and Rights
8.1 Trade names and marks (other than Elementi's) are not always indications of the actual origin of a particular product and may rather be indicative of general use systems and machines associated with such products.
8.2 Elementi acknowledges the intellectual property rights of suppliers and manufacturers of the products appearing on Elementi’s sales literature and on Elementi’s website. The Customer acknowledges that Elementi and its licensors own the intellectual property rights in the catalogues, the website content and the stock numbers, and that their whole or partial reproduction without Elementi's prior written consent is prohibited.
9. Warranties & Returns
. 9.1 Elementi is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective and in such cases we offer the returns facilities described below.
9.2 If you are not a Consumer, subject to the other provisions of these terms and conditions, Elementi warrants that upon delivery and for a period of 3 months from the date of delivery the products will be of satisfactory quality within the meaning of Sales of Goods Act 1979. These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of Elementi.
9.3 If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
9.4 Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 13) Elementi does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering. In some instances Customers may benefit from special price discounts, such goods are not returnable and may not be sold to other customers. Accordingly, orders for such goods cannot be cancelled and Elementi can only return or repair Goods where they prove to be defective and the Goods are returned for repair or replacement.
9.5 In the event that Elementi, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13), agrees to accept the return for credit of unwanted products, the goods must be returned with Elementi's prior written agreement within 14 days of delivery. The goods must be in perfect re-saleable condition All goods returned in these circumstances (except where the Consumer Protection (Distance Selling) Regulations 2000 apply) will be subject to a 10% re-stocking fee of Elementi's sale price for the goods in addition to two way carriage costs.
9.6 The customer may not cancel the contract once accepted by Elementi nor shall any Goods which are delivered in accordance with the contract be returned without prior written approval of Elementi and only on terms to be determined at the absolute discretion of Elementi.
10. Elementi's liability
10.1 In its dealings with Business Customers, Elementi shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Subject to and without prejudice Elementi's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
10.2 Nothing in this agreement shall limit Elementi's liability for death or personal injury caused by its negligence.
11. Health & Safety
11.1 Elementi confirms that the goods it supplies do not present a hazard to health and safety but please be aware that these goods can be very heavy and bulky so make sure that personnel involved in moving them are aware of the safe and correct methods of lifting and handling.
12. Force Majeure
12.1 Elementi shall not be liable or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of Elementi's obligations in respect of the Goods or services, if the delay or failure was due to any cause beyond Elementi's reasonable control (force majeure).
12.2 If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall:
a) In the case of non-bespoke items agree a new timescale with you for the delivery of the Goods or if you prefer we will cancel the order and make repayment of all sums received.
b) In the case of bespoke items where production has commenced we will only agree a new timescale for delivery of the goods.
13. Reduced price offer & Liquidation Products
13.1 Goods sold on "Reduced price offer" or "Liquidation Stock" are downgraded goods that Elementi is able to offer at a discount on the normal list price. Stocks of goods offered as above are limited and such goods are sold subject to the following special rules. These special rules apply in addition to, and in the event of any conflict override, all of Elementi's other terms and conditions, except those terms and conditions specifically covering Consumers.
13.2 Upon receipt of an order, Elementi will check stock availability. Until stock availability is confirmed to the customer, a contract for sale will not be created and no payment will be debited from the customer.
13.3 Products are non-returnable unless we have made an error or the goods are faulty;
13.4 Prices may be subject to value or volume discounts.
14. The Consumer Protection (Distance Selling) Regulations 2000
14.1 Contracts for the purchase of goods by a Consumer not acting in the course of a business and made over the telephone or through the Elementi website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ('the Regulations'). If you are a Consumer, Elementi warrants that upon delivery and for a period of 3 months from the date of delivery the products shall be of satisfactory quality and fit for purpose within the meaning of the Sale of Goods Act 1979 (subject to the provisions of these term and conditions).
14.2 If the Regulations apply, Consumers may cancel goods purchased from Elementi by sending a written notice of cancellation by post or hand delivery addressed to Customer Services at Elementi, or by e-mail.
14.3 The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.
14.4 The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to Elementi, the Customer is under a duty to make the goods available for collection at the Customer's expense from the address to which they were delivered.
14.5 The Customer is under a duty to retain possession of the goods whilst awaiting return to Elementi and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if they fail to comply with this obligation.
15. Errors & Omissions
15.1 Elementi makes every effort to ensure that all prices and descriptions quoted in its literature and on its website are correct and accurate. In the case of a manifest error or omission, Elementi will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. Elementi's liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Elementi after the manifest error has been discovered.
15.2 A 'manifest error', as the term is used in sub-paragraph (15.1) above, means, in relation to an incorrect price, a price quoted in error by Elementi which is more than 10% less than the price that would have been quoted had the mistake not been made.
16. Security of transactions and data protection
16.1 Elementi does not collect or store customer payment details, but uses a third party company to provide a card processing facility for it. Provided the Customer is using an SSL-compliant browser such as Netscape's Navigator v 4.79 or above, Microsoft's Internet Explorer v 5.01 or above, the Business Customer/Consumer is able to conduct encrypted transactions without fear of an intermediary obtaining the Business Customer/Consumers credit card information.
16.2 Registration and data sharing: Elementi’s order form requires users to give Elementi contact information (such as name, email, and postal address), demographic information (such as postcode), and financial information (such as account or credit card numbers). This data is securely stored by Elementi’s system.
16.3 Elementi does not share a Business Customer/Consumer's information with other companies or third parties.
17. General terms of business
17.1 Nothing in these terms and conditions affects your statutory rights as a Consumer.
17.2 If any provision in this Agreement is held to be invalid or unenforceable by any court, tribunal or administrative body, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
17.3 Any waiver of a breach of this Agreement must be in writing.
17.4 Any variation of this Agreement must be in writing and signed by a duly authorised Elementi official.
17.5 The headings are for convenience only and shall not affect the interpretation of this Agreement.
17.6 Assignment: You must not transfer any contract made with us under these Conditions, as it is personal to you, without written authority from us. This authority will not be refused without good reason.
17.7 Customer Service queries: Elementi shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which the Customer/Consumer has made within 48 hours of receipt of any such query. Elementi shall make every reasonable endeavour to respond to complaints within 5 working days and keep the Customer/Consumer reasonably notified of any progress thereafter.
17.8 Third Party (Rights) Act 1999: No third party shall be allowed to enforce any rights under this contract. The parties hereby exclude the application of the Contracts (rights of Third Parties) Act 1999 to each and every contract made under these Conditions.
17.9 No Waiver: Elementi's failure to insist upon strict performance of any provision of these Conditions shall not be deemed a waiver of its rights or remedies in respect of any present or future default of the Business Customer/Consumer in performance or compliance with any of these Conditions.
17.10 Notice: Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice. Notice shall be delivered personally or sent by first class prepaid recorded delivery of by registered post (airmail if overseas) or by facsimile transmission and shall be deemed to be given in the case of delivery personally on delivery and in the case of posting (in the absence of evidence of earlier receipt) 48 hours after posting (six days if sent by airmail) and in the case of facsimile transmission on completion of the transmission provided that the sender shall have received printed confirmation of transmission.
17.11 Enforceability If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provision of these Conditions and the remainder of the provision in question shall not be affected.
17.12 Dispute: In the event of a dispute between the Customer/Consumer and Elementi, should Elementi in writing require the Customer/Consumer agrees to submit to the jurisdiction in accordance with the Arbitration Act 1996 for the time being in force as a legally binding alternative to court action.
17.13 Jurisdiction: The contract shall be governed by the laws of England, Wales and Ireland, and the Customer/Consumer agrees to submit to the non-exclusive jurisdiction of these courts.
17.14 Images Product images are provided for illustrative purposes only and the actual product you receive may differ from the image displayed in the catalogue, marketing material or on our website, especially with generic products.