Terms and Conditions

General

1. This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ('Products') listed on our website www.aradastovesandspares.com (the 'Site') to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from the Site.
2. The owner of the Site is Arada Limited whose address is Arada Ltd, The Fireworks, Weycroft Avenue, Axminster, Devon, EX13 5HU (‘Arada'/‘we' /‘us'/‘our'). Registration number 2285119. VAT number: 165 1457 09.
3. Your contract for purchases made through the Site is with Arada.
4. Minors under 18 years old can only use our services with the prior consent of their parents or guardians.
5. By placing an order with Arada you accept these terms and conditions. You cannot place an order unless you agree with these terms and conditions.
6. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and no contract for the sale of any Product will subsist between you and Arada until Arada confirms that Arada has received payment from you for the Product(s) by sending a confirmation email. This confirmation e-mail amounts to an acceptance by Arada of your offer to buy Products from Arada.
7. The price for the Products quoted on the Site is our current price at that date. Prices on the Site may differ from our published price lists.
8. If an error is discovered in the price of the Products that you have ordered, we will inform you as soon as possible. If the error is discovered prior to your receipt of the confirmation email, we will cancel and refund your order.
9. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation email.
10. When you place Products in the shopping basket facility on the Site, the prices will include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11. You must have a unique email address to use the Site. You agree that e-mail can be used as a long-distance means of communication, and you agree all notices made via e-mail satisfy any legal requirements that such notices be made in writing.
12. The confirmation e-mail will contain all relevant statutory information concerning your contract.
13. The confirmation e-mail will also contain a copy of these terms and conditions.
14. You must check that the details on the confirmation e-mail are correct as soon as possible and you should print out and keep a copy of it.
15. It is your responsibility to ensure you are able to receive e-mails from Arada. We recommend you add Arada to your ‘safe sender' list, and check that your online security software does not block e-mails from us. In the unlikely event you do have any difficulty receiving email from us please advise your Internet Service Provider who should be able to assist you further.
16. To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases including registered Credit Reference agencies and fraud prevention agencies, who may keep a record of that information. By accepting these terms and conditions you consent to such checks being made. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998 or such other successor or replacement legislation.
17. You undertake that all details you provide to Arada for the purpose of ordering or purchasing Products are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Products ordered.
18. You must choose a password during registration. You are responsible for all actions taken under your unique email address and password and shall only use the Site under your own email address and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your email address to anyone, nor permit, either directly or indirectly, anyone to use your email address or password.
19. If there are any changes to the details supplied by you it is your responsibility to inform Arada as soon as possible.

Right to Cancel - Unwanted Items

20. If you are contracting as a consumer, you may cancel the contract at any time within 14 calendar days, beginning on the day after you received the Products. To cancel the contract, you must send us a notice of cancellation by email to sales@aradastoves.com ensuring that you quote your name, address and order reference number. You may use the cancellation form for this purpose if you wish.
21. Where you have already received the Products, follow our returns authorisation procedure – by contacting Arada by email at sales@aradastoves.com or phone at 01297 632051. We will provide you with a returns authorisation number along with details on how and where to send your item. Please wrap the item securely and include the original invoice along with your returns authorisation number. You must ensure that the Products are packaged adequately to protect against damage. If you fail to take reasonable care of the Products before they are returned to us and this results in damage or deterioration, we will charge you for the reduction in value.
22. Items made to specification or otherwise personalised, are excluded from the right to cancel.
23. We will refund your credit card with the price paid for the Products and the costs for standard delivery once we have received and processed the item as soon as possible and in any event within 14 days from the receipt by us of the Products or the date of any proof of postage. You will be liable for any charges incurred in returning the Products to Arada or if you fail to return the Products you will be liable for any charges incurred in relation to attempts to collect the Products. Please note that if you requested to receive the Products using an express delivery only the costs of standard delivery will be refunded.

Damaged, Defective, Unavailable, Incorrectly Sent, Incorrectly Advertised Items

24. In the unlikely event that you receive Products which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Arada shall make good any shortage or non-delivery, or replace or repair any damaged or defective Products, or refund to you the amount you paid for the Products in question. Please follow our returns authorisation procedure by contacting Arada by email or phone. We will supply you a returns authorisation number along with details on how and where to send your item. Please notify Arada of the problem in writing as soon as possible and preferably within 28 working days of delivery of the Products. NOTHING IN THIS PARAGRAPH AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.

Liability

25. This section applies only to the extent permitted by law. For the avoidance of doubt, Arada do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Arada's negligence or wilful default, or that of Arada's employees, agents or (b) fraud or fraudulent misrepresentation or (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or (d) defective products under the Consumer Protection Act 1987.
26. Subject to paragraph 25, Arada will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories: (a) loss of income or revenue; (b) loss of business; (c) loss of profits; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time. However, this paragraph 26 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this paragraph 26.
27. Subject to paragraph 25, you and Arada will only be liable under these terms and conditions for losses that are a reasonably foreseeable consequence of the relevant breach of contract.
28. If you are contracting as a business and we fail to comply with these terms and conditions, we shall only be liable to you, subject to paragraph 25, for the purchase price of the Products.
29. TO THE FULLEST EXTENT PERMITTED BY LAW, ARADA IS PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS' BASIS AND, TO THE EXTENT PERMITTED UNDER THE APPLICABLE LAW, MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, ARADA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
30. We will take all reasonable care to ensure that all information, prices, specifications and descriptions of Products appearing on the Site are correct. However, Arada does not accept liability (except as set out in paragraph 31 below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of the Products. Changes will not affect orders in respect of which we have already sent you an confirmation email.
31. Arada will do its best to correct errors and omissions as quickly as practicable after being notified of them. NOTHING IN THESE PARAGRAPHS 25-31 ARE INTENDED TO OR WILL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

Processing of Orders and Delivery

32. We will only deliver to postal addresses within the UK. Orders placed for delivery outside the UK will be cancelled and refunded if payment has been taken.
33. Products will not be dispatched until payment has been processed and cleared. Please ensure you have sufficient funds to enable the transaction to be processed without delay.
34. The period stated within which you will receive your order is approximate. Products will be sent to the address given by you in your order and stated in the confirmation email.
35. Arada aims to arrange shipment of all ‘in stock' items within 48 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers or we are experiencing a high volume of orders. Some items may be unavailable and the current stock status is approximate. Arada are not able to supply dates our suppliers may get an item in stock.
36. For deliveries before a UK bank holiday, we recommend that you order in advance. During holiday periods, we will endeavour to dispatch all ‘in stock' orders within 48 hours, however we cannot guarantee delivery as the post may be delayed in your area. Please also be advised that we shut down between Christmas and New Year and Products will not be dispatched during this time.
37. We use a number of third party delivery agents to ensure your orders are delivered to you as quickly as possible. Any losses after the item has been dispatched from the Site must be reported to us.

Title and Risk

38. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
39. Once you have accepted the delivery of Products from us it is your responsibility to take reasonable care of the Products.

Warranty or Guarantee

40. Arada warrants that at the time of delivery and for a period of one year from the date of delivery, the Products will correspond with their specification and will be free from defects in material and workmanship, of satisfactory quality and be reasonably fit for all the purposes for which products of that kind are commonly supplied. Naturally wearing parts or ‘consumables' such as glass, firebricks and rope seal are excluded from this warranty.

Miscellaneous

41. We shall have no liability to you for any delay in the delivery of Products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
42. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
43. No waiver by us of any breach of these terms and conditions shall be considered as a waiver of any subsequent breach of the same or any other provision.
44. Arada may amend these terms and conditions from time to time, and place the new version on the Site. All purchases made on the Site from the date will be governed by those new terms. If you do not agree to any of these terms and conditions then your only remedy is to cease using the Site.
45. These terms and conditions supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Arada and you relating to your purchase. We each acknowledge that, in entering into the contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in these terms and conditions (whether made innocently or negligently) will be for breach of contract. Nothing in this paragraph limits or excludes any liability for fraud.
46. Arada advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Arada. You are advised to read (and are responsible for reading) fully all information on the Site.
47. A person who is not a party to these terms and conditions shall not have any rights under or in connection with them.
48. If any provision of these terms and conditions shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these terms and conditions and the remainder of the affected provision shall be unaffected.
49. Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English Law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the Courts of England and Wales. Where possible, we will try to resolves any disputes, differences and questions which may at any time arise between us and you from this contract between ourselves.

29TH JULY 2014