Terms and Conditions

1. Introduction

1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2 To order goods through this website you must be 18 years of age or older

1.3 We may change, modify, add or remove any of these terms and conditions at any time by updating this posting without prior notice any such amendments will come into force on the day following the update. Please check this Website from time to time to review the current terms and conditions, because they are binding, on you with each transaction you make. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

2. Ordering from us

2.1 Placing an order could not be simpler by using our online checkout process. As part of our checkout process you will be given the opportunity to check your order and correct any errors. We must receive full payment for the goods before your order can or will be processed once payment has been received, we will send you an order acknowledgement, detailing the goods you have ordered. Each order by you represents an offer to purchase goods subject to these Terms and Conditions

2.2 Our acceptance of an order takes place when we despatch the goods. We will contact you regarding a delivery date either by phone or email. When we despatch the goods the legally binding purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

2.3 Please ensure before ordering you have checked the goods are suitable for installation into your property e.g. measurements and fitting requirements. You need to check you have also ordered all the required accessories you require to install your goods (e.g. spacer box etc), as we cannot be held responsible for this. If accessories are required after your original order, you will be subjected to a delivery charge even if the original delivery did not incur a charge. Please therefore check you have ordered all relevant parts to avoid any additional cost for you

3. Pricing

3.1 We accept payment through our online payment system for most major credit and debit cards including Visa, MasterCard Switch and Solo. The range of cards we accept may change without prior notice. When you order you must provide us with your exact name, billing address and the telephone number your card provider has on file for you. There will be difficulty and delay if these details are incorrect. Any orders from over seas will be charged to you at the current exchange rates. The company has no liability or control over these rates.

3.2 Should you not wish to use the online payment system you can telephone us to make payments by credit or debit cards. You may also pay by cheque made payable to Premier Gas Burnley Ltd with your home address and order number written on the reverse of the cheque which can be posted, to our postal address, subject to payment clearance by the bank (usually 10 days) before we will despatch your goods. In these circumstances please fax or telephone our Sales Line, between 9am and 5pm Monday Friday, to place your order.

3.3 Where we charge separately for delivery, any extra insurance and other relevant charges, which if any, will be indicated at the time of placing the order at the checkout. Delivery charges may vary according to your location and the type of product ordered, please see our price structure shown elsewhere on this website.

3.4 We reserve the right to change any prices at any time without any prior notice to take account of any increase in supplier prices, additional tax or duty and any errors or omissions in respect of the price of the goods (including typographical errors). We will notify you of changes that may occur once your order has been placed to ask if you would still like to proceed with your order. We also reserve the right to change or withdraw any discounts offered at any time.

3.5 All prices on this site are shown in GBP sterling and include VAT (where applicable) at the current UK rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

3.6 Over seas customers who live in a European community, E. C. country. I.E. Belgium, France, Germany, Holland, Italy, Spain, Denmark, Sweden, Finland, Austria, Eire, Luxembourg, Portugal, and Greece will pay UK VAT. EC businesses registered for vat are exempt from paying vat providing they can provide their vat registration number (with country code). Proof of identity will also be required.

4. Delivery

4.1 Delivery of stock items will normally be made within 10 working days or next working day from clearance of payment and we shall endeavour to deliver the ordered goods within 30 working days from receipt of your order (i.e. Monday to Friday excluding Bank holidays) some rural areas may be subject to slightly longer delays. We will make every effort to deliver within the specified times but delivery times are approximate and we cannot be held liable for any loss, damages, charges, loss of contracts or expenses that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, any loss of income, profits, goodwill, contracts, or loss or damages arising from or connected in any way to business interruption, that you may suffer in the event of delay of your goods. We will notify you if it becomes apparent that delivery will be delayed to arrange an anticipated delivery date, should this delivery date not be acceptable we will then offer a full refund.

4.2 All our goods are subject to availability and may be withdrawn at any time.

4.3 Where orders contain more than one item, we will deliver all goods at the same time, unless otherwise agreed

4.4 Goods despatched, where a delivery date has been agreed with both parties but there is no one present to receive the delivery, we reserve the right to charge you a minimum of 35 to cover the cost of the failed delivery.

4.5 As soon as you sign for the delivered goods the title and ownership will be passed onto you and they become your responsibility and we will not be liable for their loss, damage or destruction from this point onwards.

4.6 We will deliver your goods by road delivery in our vehicles and partnered with our national carrier companies, Monday to Friday in the UK Mainland and off shore UK (Northern Ireland and Isle of White), as door to door service only, to the address you have given to us on the order which should match your card details unless otherwise agreed in writing by both parties. For heavy items e.g. marble, limestone and granite you must ensure that there is sufficient manpower to help.

4.7 When we deliver your goods on our own vehicles we only provide a one man on the van. Our driver will gladly help you get the product into your property if required. For heavy items e.g. marble, limestone and granite you must ensure that there is sufficient manpower to help.

4.8 Goods will not be left without a signature from a person, that is aged 18 years of age or older.

4.9 After you or someone nominated by you have signed for receipt of the goods and we have received payment in full.

5. Guarantees and warranties

5.1 Goods supplied are covered by the manufacturers stipulated guarantee period under their own terms and conditions. This guarantee specifically excludes damage, wrong items and finishes not reported to them within 3 days of delivery, these will then become chargeable, faults caused by accidental damage, neglect or misuse and in addition, any routine maintenance, adjustments or consumable products e.g. batteries, ceramics (fuel beds) are not covered under the manufacturers guarantee. If the goods are tampered within any way i.e. the plug removed off an electric fire, the manufacturer's warranty will be invalidated. If you have any warranty problems you should contact the manufacturer or refer to the goods instruction manuals. You must ensure that you register your product with the manufacturer.

5.2 It is your responsibility to ensure that the goods are suitable and fit for the purpose or purposes intended and that your property is safe and suitable for the installation, use and operation of the goods and comply both before and after such installation and during such operations with all relevant legislation.

5.3 All goods supplied via this website must be installed by fully qualified persons for the specific work to be carried out. Before installing your gas or electric fire all instruction manuals, safety notices should be read and understood before fitting is attempted. A properly qualified GAS SAFE gas fitter or qualified electrician must be involved in the installation of your product and they must provide you with a fully completed CP1 form, its equivalent or a copy of the installers notification certificate for your product otherwise you may invalidate the guarantee.

6. Cancellation and returns

6.1 Under the distance selling regulations act you may cancel or return your goods

(a) you must notify us by email at returns@premiergasburnley.co.uk before we have dispatched the goods to you and we will require your order number; or

(b) where goods have already been dispatched to you, must return the goods to us in accordance with clause 6.2 below. You must not unpack the goods when they are received and take reasonable care of them

6.2 You can return goods you have ordered from us within 7 days of delivery for a refund (less 2% credit card fee, if payment was made by this method) or exchange but you must notify us first by email at returns@premiergasburnley.co.uk, we will need your order number, full name, address and full details as to why you wish to return the goods. If notification or despatch by you extends beyond these limits, your right to cancel will be revoked, unless we have agreed to collect the goods for you. The associated costs of returning goods to us shall be borne by you. It is in your interest to return the goods securely packed to avoid damage via a good quality delivery service with recorded delivery service and insurance. We can arrange this collection service for you (not for trims and frets) should you wish at the cost of this plus a 20% rehandling charge and the original delivery charge will be deducted from the amount to be refunded to you. If we agree to a return, you will be given a returned goods number, and this must be quoted with all returns. Goods returned without this number will not be accepted and will be returned to back you. We reserve the right to recover our costs to us where goods are returned for no reason. We will not be liable or responsible for goods returned by you, which are not received or have been damaged, please keep proof of insurance or postage.

6.3 If you exercise your right to return your goods the ownership of the goods will revert back to us. The regulations impose a responsibility on you to take reasonable care of any goods that have been supplied .We interpret reasonable care as meaning the goods are unused, in perfect condition, with all box, packaging and instruction intact .If not a new resaleable valve will be given to the goods. When we receive the goods back, we will inspect them and may use a video camera to record the inspection process the goods need to be in pristine saleable condition and in full working order.

6.4 The rights to cancel or return the goods to us as referred to in clause 6.2 will not apply in the following circumstances: -

(a) in the event that the product have been fitted and or used

(b) parts of the packaging and paperwork etc are missing

(c) in anyway un saleable

(d) to any products that we have made or customised specifically for you

If products are returned to us in any of the above, we will re-deliver the products to you and charge you an administration charge as well as the delivery charge.

6.5 We do not offer a trail and return service for goods.

6.6 The provisions of this clause 6.2 do not affect your statutory rights

6.7 If the goods delivered to you have transit damage, incorrect quantity or wrong goods supplied it must be noted on the delivery or consignment note at the time of delivery. You must also open all the products within 2 days to check them for correct colour/finish, size, incorrect items, (not including knots in wood, fossils, crystals or veins on limestone and marble products as natural products). We shall have no liability to you unless you notify us by e-mail at sales@premiergasburnley.co.uk of the problem within 2 working days from delivery of the goods in question

6.8 You must notify us by email at sales@premiergasburnley.co.uk of non-delivery of your goods within 3 days of the expected delivery date. Failure to do this will mean that you will be responsible for any goods lost in transit and we will not be liable. If you notify a problem to us under this condition, our only obligation will be, at your option (a) to make good any shortage or non-delivery. (b) to replace any goods that are damaged or defective. (c) to refund to you the amount paid by you for the goods in question

6.9 We may refuse to accept an order from you:

(a) where goods are not available;

(b) where we cannot obtain authorisation for your payment or your payment has not cleared our bank;

(c) we do not deliver to your area

(d) if there has been a pricing or product description error including typographical errors; or

(e) if you do not meet any eligibility criteria set out in our terms and conditions.

If we refuse to accept or cancel your order whether or not it has been accepted we will contact you and refund your account as soon as possible but in any event within 30 days. We will not be responsible, obliged or liable to offer you any additional compensation for any losses and disappointments suffered by you in relation to our inability to supply.

7. Licence

7.1 You are permitted to print and download extracts from this Website for your own personal non-commercial use on the following basis:

a. no documents or related graphics on this Website are modified in any way.

b. no graphics on this Website are used separately from accompanying text; and

c. any of our copyright, products, company names, trademark notices and this permission notice appear in all copies.

7.2 Unless otherwise stated, the copyright trademarks and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Premier Gas Burnley Ltd or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 7.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

7.3 Subject to clause 7.1, no part of this Website may be reproduced in whole or part or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

7.4 Any rights not expressly granted in these terms are reserved.

8. Service Access

8.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

8.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

9. Links to and from other websites

9.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

9.2 You may not create any links to this Website.

9.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 9.2.

10. Registration

10.1 To register with premiergasburnley.co.uk you must be eighteen years of age or older.

10.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

10.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

10.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

11. Disclaimer

11.1 While we endeavour to ensure that the information on this Website is correct and up to date as possible, we cannot be held responsible for the accuracy and completeness of the material/information on this Website. We may make changes to the material/ information on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

11.2 The material on this Website is provided as is and as available without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

11.3 Product images are provided for illustrative purposes only and there may be colour variations, fossils or veins etc within the products and may not match the product itself exactly. It is not practical for us to publish comprehence technical details on this website. All descriptions and specification are provided for you as approximate information. See manufactures websites for detailed information

11.4 Limestone marble and granite etc is formed over millions of years and is prone to fossils and other inclusions such as open veining and pitting caused by air pockets. These features are of no detriment to the product. When limestone marble and granite has to be in two or more pieces, it is impossible to match grain and colour exactly on assemble if and cannot be held responsible if the goods arrive with any of these.

11.5 We may fail on occasion to enforce any of these Terms and Conditions but this will not affect our right to enforce the remainder of them or to enforce all of them at some future date

11.6 We will be neither responsible nor liable for any breach of these Terms and Conditions brought about by circumstances beyond its control.

11.7 We will not be liable for the installation of goods, suitability, fitment, use or method of application of goods and services supplied to you

11.8 We will not be responsible for additional work or re-fitting costs that result from any faulty product supplied.

11.9 We reserve the right to refuse to supply any goods ordered for any reason.

12. Liability

12.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, quality and purpose and fitment of goods supplied or any loss of income, profits, goodwill, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence, contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. we shall have no liability to pay any money to you by way of compensation

12.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

12.3 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

12.4 We will not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstance out side of their reasonable control, including but not limited to strikes, lock outs, accidents, war, acts of god, fire, flood explosion, reduction or unavailability of power at the company premises or suppliers manufacturing plant, breakdown of plant or machinery or storage or unavailability of raw materials from a natural source of supply import or export regulation or embarsgoes (including the failure of our suppliers to obtain any necessary export permits licences or other authorizations) and the party shall be entitled to a reasonable extension of its obligations.

13. Governing Law and Jurisdiction

13.1 These terms and conditions shall be governed by and construed in accordance with the law of England and Wales. Disputes, controversy, proceedings or claims arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

13.2 We do not warrant that goods for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws and taxes.

14. Miscellaneous

14.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions

14.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall continue to have full force and effect.

14.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.