Terms of Website Use
Terms of Website Use
Information about us
Our sites are operated by Fourneaux de France Limited ("We" or "us"). We are registered in England and Wales under company number 1465383 and our registered office is at 3 Albion Close, Newtown Business Park, Poole, Dorset, BH12 3LL. Our main trading address is at 3 Albion Close.
Accessing our site
Access to our sites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our sites without notice (see below). We will not be liable if for any reason our sites is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our sites, or our entire sites, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our sites. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
We are the licensee of all intellectual property rights in our sites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our sites must always be acknowledged.
You must not use any part of the materials on our sites for commercial purposes without obtaining a license to do so from us or our licensors.
Reliance on information posted
Commentary and other materials posted on our sites are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our sites, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our sites, or close it or them indefinitely. Any of the material on our sites may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our sites is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our sites or in connection with the use, inability to use, or results of the use of our sites, any websites linked to it and any materials posted on it, including:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
Transactions concluded through our site
Contracts for the supply of goods formed through our sites or as a result of visits made by you are governed by our terms and conditions of supply.
Uploading material to our site
Any material you upload to our sites will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our sites constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our sites.
We have the right to remove any material or posting you make on our sites if, in our opinion, such material is inappropriate including for example because it is discriminatory, abusive or illegal.
Viruses, hacking and other offences
You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our site is stored, or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any material posted on it, or on any website linked to it or them.
Linking to our site
You may link to our home pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our sites must not be framed on any other site, nor may you create a link to any part of our sites other than the home pages. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our sites other than that set out above, please address your request to firstname.lastname@example.org.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our sites.
Please note that "LACANCHE Fourneaux de France", "Westahl", "E. Caumartin", "Ambassade de Bourgogne" and "Alpes Inox" are UK registered trademarks.
If you have any concerns about material which appears on our site, please contact email@example.com.
Thank you for visiting our sites.
Terms and conditions of supply
These Terms will apply to any contract between us for the sale of Product(s) to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Product(s) from our site. Please note that before placing an order you will be asked to agree to these Terms.
Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Product(s) from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 1.13. Every time you wish to order Product(s), please check these Terms to ensure you understand the terms which will apply at that time. These Terms were last updated in October 2012.
These Terms, and any Contract between us, are only in the English language.
Information about us
1.1We operate the websites www.fdef.co.uk, www.lacanche.co.uk and www.westahl.co.uk. We are Fourneaux de France Limited, a company registered in England and Wales under company number 1465383 with our registered office at 3 Albion Close, Newtown Business Park, Poole, Dorset, BH12 3LL. Our main trading address is at 3 Albion Close.
1.2To contact us, please see our Contact Us page.
1.3The images of the Product(s) on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Product(s). Your Product(s) may vary slightly from those images.
1.4We have made every effort to provide accurate information on the website. However, it is possible – though unlikely – that manufacturers may change their specifications without telling us first. Therefore, you should contact the manufacturer direct to check the Product(s) meets your exact requirements prior to purchase.
1.5The packaging of the Product(s) may vary from that shown on images on our site.
1.6All Product(s) shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
Use of our site
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
How we use your personal information
If you are a consumer
This clause 1.7 only applies if you are a consumer.
1.7As a consumer, you have legal rights in relation to Product(s) that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
If you are a business customer
This clause 1.8 only applies if you are a business.
1.8If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Product(s).
How the contract is formed between you and us
1.10Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
1.11After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 1.12.
1.12We will confirm our acceptance to you by sending you an e-mail that confirms that the Product(s) have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
1.13If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product(s), we will refund you the full amount as soon as possible.
Our right to vary these terms
1.14We may revise these Terms from time to time in the following circumstances:
(a)changes in how we accept payment from you; or
(b)changes in relevant laws and regulatory requirements.
1.15Every time you order Product(s) from us, the Terms in force at that time will apply to the Contract between you and us.
1.16Whenever we revise these Terms in accordance with clause 1.14, we will give you notice of this by stating the date of the latest amendment at the top of this page.
Your consumer right of return and refund
This clause 1.17 only applies if you are a consumer.
1.17If you are a consumer, for most products you have a legal right to change your mind within 14 days and receive a refund, in respect of most products you buy online. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below. They do not, however, apply to products made to your specifications or which are clearly personalized. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
1.18Your legal right to cancel a Contract pursuant to clause 1.17 starts from the date after the day you (or someone you nominate) receives the goods unless:
(a) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(ii) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
1.19To cancel a Contract pursuant to clause 1.17, you must contact us in writing by sending an e-mail to firstname.lastname@example.org or by sending a letter to 3 Albion Close, Newtown Business Park, Poole, Dorset, BH12 3LL or by calling us on 01202 733 011. Please provide your name, home address, details of the order and, where available, your phone number and email address if you are calling or writing to us. If you are e-mailing, you may wish to use this online cancellation form. If you are writing, you may wish to use this printable cancellation form. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
1.20. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at 3 Albion Close, Newtown Business Park, Poole, Dorset, BH12 3LL or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01202 733 011 or email us at email@example.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us, you wish to end the contract.
1.21You will receive a full refund of the price you paid for the Product(s) once the Products have been returned in satisfactory condition. You have a statutory responsibility to take reasonable care of goods prior to collection. We request that the original packaging is retained with the goods to ensure safe keeping and transit. Please note that, unless you are returning the Product(s) to us because they are faulty or mis-described (in which case please see clause 9.6), the Product(s) will have to be returned to us at your own cost and risk. You will be notified of a collection date within 21 days of the notice of cancellation, and refund will be made as soon as possible within 30 days, less any deductions applicable. Should you fail to return the goods we reserve the right to recover the full costs of return.
1.22If you returned Product(s) to us because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
1.23We refund you on the credit card or debit card used by you to pay.
1.24Details of your legal right to cancel and an explanation of how to exercise it will be provided in the Dispatch Confirmation.
1.25As a consumer, you will always have legal rights in relation to Product(s) that are faulty or not as described. These legal rights are not affected by the returns policy in these Terms.
1.26Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Please note that, in any event, we can only provide you with an estimated delivery date. We cannot be more precise as delivery is subject to our stock levels at the date of the order. We shall not be liable for any losses or expenses caused by any delay in delivery. However, should your order be delayed for more than 14 days from the estimated delivery time, you will be given the option of waiting until the stock is available, replacing your item with an alternative (you will have to fund any difference in price) or cancelling your order.
1.27Delivery will be completed when we deliver the Product(s) to the address you gave us.
1.28Delivery costs us, as we pay an external third-party supplier to deliver the Product(s). Therefore, should we be unable to complete Delivery because you are not at your property/the delivery point at the pre-agreed time or because access to your property/the delivery point is not reasonable or safe, we reserve the right to charge you to cover the cost of further attempts to deliver the Product(s).
1.29Please note that we may in exceptional circumstances charge a "Remote Delivery Fee"
1.30The Product(s) will be your responsibility from the completion of delivery.
1.31You own the Product(s) once we have delivered them to you.
No international delivery
1.32 Unfortunately, we do not deliver to addresses outside the UK.
1.33You may place an order for Product(s) from outside the UK, but this order must be for delivery to an address in the UK.
Price of Product(s)
1.34The prices of the Product(s) will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Product(s) are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Product(s) you ordered, please see clause 1.37 for what happens in this event.
1.35Prices for our Product(s) may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
1.36The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. 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 Product(s) in full before the change in VAT takes effect.
1.37Our site contains a large number of Product(s). It is always possible that, despite our reasonable efforts, some of the Product(s) on our site may be incorrectly priced. If we discover an error in the price of the Product(s) you have ordered, we will inform you in writing about this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Product(s) to you at the incorrect (lower) price.
How to pay
1.38You can only pay for Product(s) using a debit card or credit card. We accept the following cards: Barclaycard, MasterCard, Visa.
1.39Payment for the Product(s) and all applicable delivery charges is in advance. Your debit card or credit card will be charged at the time of placing the order.
1.40The Product(s) we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Product(s). Please note that the manufacturers' warranties are only valid for Product(s) used within the UK, for domestic purposes only and for Product(s) installed and used in accordance with the manufacturer's instructions, otherwise any warranty claim may be invalid.
1.41If you are a consumer; a manufacturer's guarantee is in addition to your legal rights in relation to Product(s) that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
Our liability if you are a business
This clause 1.42 only applies if you are a business customer.
1.42We only supply the Product(s) for internal use by your business, and you agree not to use the Product for any re-sale purposes.
1.43Nothing in these Terms limit or exclude our liability for:
(a)death or personal injury caused by our negligence;
(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); or
(d)defective Product(s) under the Consumer Protection Act 1987.
1.44Subject to clause 1.43, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a)any loss of profits, sales, business, or revenue;
(b)loss or corruption of data, information or software;
(c)loss of business opportunity;
(d)loss of anticipated savings;
(e)loss of goodwill; or
(f)any indirect or consequential loss.
1.45Subject to clause 1.43 and clause 1.44, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Product(s).
1.46Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Product(s). Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Product(s) are suitable for your purposes.
Our liability if you are a consumer
This clause 1.46 only applies if you are a consumer.
1.47If 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 these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
1.48We only supply the Product(s) for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
1.49We do not in any way exclude or limit our liability for:
(a)death or personal injury caused by our negligence;
(b)fraud or fraudulent misrepresentation;
(c)any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d)any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective Product(s) under the Consumer Protection Act 1987.
Events outside our control
1.50We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
1.51An 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, terrorist attack 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 or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
1.52If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a)we will contact you as soon as reasonably possible to notify you; and
(b)our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Product(s) to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
Health and safety
1.53The Product(s) are accompanied by written instructions on safety, fitting and installation. The Product(s) should only be installed by a suitably qualified professional. If you resell the Product(s) it is your responsibility to ensure you supply all such documentation on safety, fitting and installation to the third-party purchaser.
Communications between us
1.54When we refer, in these Terms, to "in writing", this will include e-mail.
1.55You can contact us in writing by sending an e-mail to firstname.lastname@example.org or by sending a letter to 3 Albion Close, Newtown Business Park, Poole, Dorset, BH12 3LL or by calling us on 01202 733 011. You may wish to keep a copy of your cancellation notification for your own records.
1.56If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.57Unless you are a consumer cancelling a contract pursuant to clause 1,17, any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Other important terms
1.58We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
1.59You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. If you are a consumer and you have purchased a Product as a gift, you should contact the supplier directly about transferring the benefit of its warranty to the recipient of the gift.
1.60This contract is between you and us. No other person shall have any rights to enforce any of its terms.
1.61Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
1.62If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights 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.
1.63If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Product(s) through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
1.64If you are a business; these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.