Terms & Conditions
1. Introduction
The owner of the website StoveCo, including subsidiaries and affiliates ("Website" or "Website Owner" or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising the website ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.
2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither StoveCo nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. StoveCo reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
3. Trade Marks
The trade marks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of StoveCo. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of StoveCo.
4. External Links
External links may be provided for your convenience, but they are beyond the control of StoveCo and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of StoveCo. Please contact us if you would like to link to this website or would like to request a link to your website.
5. Public Forums and User Submissions
StoveCo is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by StoveCo. StoveCo reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of StoveCo's and/or a third party's computer system and/or network;
5.4 violate any copyright, trade mark, other applicable Great Britain or international laws or intellectual property rights of StoveCo or any other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit business.
6. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify StoveCo against any loss, liability, damage or expense of whatever nature which StoveCo or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
7. Warranties
StoveCo makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, you or your company's personal information or material and information transmitted over our system.
8. Disclaimer of Liability
StoveCo shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, you or your company's personal information or material and information transmitted over our system. In particular, neither StoveCo nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
StoveCo does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain). By accessing the website, you warrant and represent to StoveCo that you are legally entitled to do so and to make use of information made available via the website.
9. General
9.1 Entire Agreement
These website terms and conditions constitute the sole record of the agreement between you and StoveCo in relation to your use of the website. Neither you nor StoveCo shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and StoveCo in respect of your use of the website.
9.2 Alteration
StoveCo may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
9.3 Conflict
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
9.4 Waiver
No indulgence or extension of time which either you or StoveCo may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
9.5 Cession
StoveCo shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
9.6 Severability
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
9.7 Applicable laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
9.8 Comments or Questions
If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.
10. IP Enforcement
For the avoidance of doubt we are not offering a reserved legal activity service under the Legal Services Act 2007 and as such we are not regulated by the Solicitors Regulation Authority or Bar Standards Board.
11. Title of Goods
Title of goods will pass only once the goods have been delivered, installed where applicable and full payment has been received.
12. Late Payment
We reserve the right to charge fee and interest on any late payments.
Everhot specific terms and conditions:
EVERHOT LIMITED’S TERMS AND CONDITIONS OF SALE
These are the terms on which Everhot Limited company number 03514591 (‘Everhot’) do business. They are designed to set out
clearly Everhot’s responsibilities and your rights.
1. DEFINITIONS:
1.1 In these terms and conditions (hereinafter collectively
referred to as ‘Conditions’):
‘Buyer’ means you, the corporate entity or individual purchasing
Equipment from Everhot.
‘Contract’ means any contracts made between Everhot and the
Buyer for the sale and purchase of Equipment which shall
include (but not limited to) contracts entered into between the
Parties arising from the Order.
‘Damage’ means Damage as defined in Clause 4.1 below.
‘Equipment’ means any stove, kitchen equipment, product,
produce, article or item which Everhot sells (including part or
parts of it).
‘Order’ means any order (whether oral and written) for
Equipment made by the Buyer to Everhot.
‘Parties’ means Everhot and the Buyer.
‘Specification’ means the specification in respect of such
Equipment (as may be amended by Everhot from time to time at
its discretion).
1.2 In these Conditions, references to any statute or statutory
provision shall, unless the context otherwise requires, be
construed as a reference to that statute or statutory provision as
from time to time amended, consolidated, modified, extended,
re-enacted or replaced.
1.3 In these Conditions references to the masculine include
the feminine and the neuter and to the singular include the plural
and vice versa as the context admits or requires.
1.4 In these Conditions headings will not affect the
construction of these Conditions.
1.5 In entering into a Contract, the Buyer acknowledges that it
does not rely on any representations made by Everhot and/or its
representatives provided that nothing in these Conditions shall
affect liability of either party for fraudulent misrepresentation.
1.6 The Buyer shall not be entitled to assign, transfer, charge,
mortgage, subcontract, declare a trust of or deal the Contract
without the prior written consent of Everhot.
2. TERMS OF ACCEPTANCE
2.1 The Buyer agrees that these Conditions shall be the
exclusive basis on which any Contracts made between Everhot
and the Buyer are transacted and processed unless otherwise
agreed in writing by a director of Everhot. For the avoidance of
doubt, the Buyer terms and conditions shall not apply to any
Contract(s) entered into by the Parties and the failure by
Everhot to object to any of the Buyer’s terms and conditions
shall not be deemed as Everhot accepting such terms and
conditions of the Buyer.
2.2 These Conditions shall not create any agency or
partnership between the Parties or any third party.
2.3 Any price list given by Everhot shall be deemed as an
‘invitation to treat’ and not an offer.
2.4 A Contract is formed between the Buyer and Everhot
when (and not before) Everhot notifies the Buyer in writing
(including by e-mail) that the Buyer’s Order has been accepted
or that the Equipment ordered are ready for collection; or
delivery of the Equipment is made by Everhot. All Orders
accepted are subject to the availability of Equipment being
ordered.
2.5 The Parties agree that the Contracts (Rights of Third
Parties) Act 1999 shall not apply in any Contracts.
2.6 To ensure we comply with the General Data Protection
Regulation (GDPR) and privacy laws, we never share your
information with third parties. If you wish to remove your data
from our systems, please contact sales@everhot.co.uk. Please
note that we may not be able to service our contact with you
should you choose to unsubscribe. We may still be required to
send you email regarding factual, transactional and/or servicing
information in connection with services that we provide to you.
You can find more information within our privacy policy and to
request a copy, please contact sales@everhot.co.uk.
3. DELIVERY OF EQUIPMENT
3.1 Unless otherwise agreed, Everhot will deliver the
Equipment to the Buyer at the address specified in the Order or
where no address is specified, to the Buyer’s place of business.
The Company will use reasonable endeavours to meet any
delivery dates specified in the Order, but any such dates shall
be estimates only and time shall not be of the essence for the
delivery of the Equipment.
3.2 For the avoidance of doubt, as the actual delivery of the
Equipment is be carried out by third party couriers, Everhot
shall be under no liability for any delay or failure to deliver the
Equipment except at its discretion, to return the purchase price
or re-deliver the Equipment.
3.3 If Everhot is unable to effect delivery due to any fault of the
Buyer, the Buyer may incur additional charges.
4. INSPECTION LOSS OR DAMAGE
4.1 Any Equipment delivered to the Buyer or made available
for the Buyer for collection shall be deemed to be in good order
and comply with the Specifications unless the Buyer informs
Everhot of any defects, damage and/or fault with the Equipment
(collectively as ‘Damage’) within 10 working days from the day
of collection or receipt of the Equipment (as the case may be)
unless the Damage is not ascertainable from reasonable
inspection; in which case, the Buyer shall inform Everhot of such
Damage as soon as it is practicable. The Buyer shall allow
Everhot to inspect such allegedly Damaged Equipment.
4.2 If the Equipment is indeed Damaged, the Company shall
(at its sole discretion), replace the Equipment in question or
reimburse the Buyer for the whole or part of the price of the
Equipment (if the quantity of Equipment is more than 1).
4.3 This Clause 4 shall apply to any replacement Equipment
supplied by Everhot.
5. PRICE AND PAYMENT
5.1 Any price list provided by Everhot to the Buyer is based on
its current price as on the date the price list is provided to the
Buyer but the actual price payable for the Equipment shall be
based on the actual current price of Everhot as at the time of
acceptance of the Order. If Everhot is unable to effect delivery
within 12months of the date of order, due to any fault of the
buyer, then the the price will be revised to reflect the price at the
time of delivery. All prices quoted are exclusive of VAT and
delivery costs (unless otherwise stated).
5.2 Notwithstanding Clause 5.1 above, Everhot may increase
the price of the Equipment before delivery if the cost of the
Equipment to Everhot were to increase due to factors outside
Everhot’s control e.g. increase in material, freight or foreign
exchange costs and the Buyer agrees to such increase.
5.3 Unless otherwise agreed by the parties in writing, the
Buyer shall make payment to Everhot in respect of the
Equipment upon placing of the Buyer’s Order.
5.4 No payment for the Equipment shall be deemed to have
been received until Everhot has received cleared funds for the
whole sum specified in such invoice.
5.5 If the Buyer fails to settle any payment due to Everhot
within the stipulated time, Everhot shall be entitled (without
prejudice to any other right or remedy it may have) to charge the
Buyer interest in accordance with the Late Payment of
Commercial Debts (Interest) Act 1998 from the date the
payment was due until the payment is made whether before or
after judgement; and/or suspend further deliveries of any
Equipment ordered by the Buyer.
5.6 The Buyer shall make all payments due under a Contract
in full without any deduction whether by way of set-off,
counterclaim, discount, abatement or otherwise unless the
Buyer has a valid court order requiring an amount equal to such
deduction to be paid by Everhot the Buyer.
6. CANCELLATIONS
6.1 Without prejudice to Clause 7.2, no cancellations of
Orders shall be permitted unless agreed in advance by a
director of Everhot.
6.2 Without prejudice to Clause 4, if Equipment has been
delivered, the Equipment may not be returned unless agreed in
advance by a director of Everhot. Any return which has been
agreed shall be subject to the following conditions:
6.2.1 the Equipment being in the same condition as at the time
of delivery of made available for collection;
6.2.2 (where applicable) the packaging of the Equipment remain
intact and unbroken and in reasonable condition;
6.2.3 the Equipment is returned at the cost of the Buyer; and
6.2.4 the returned Equipment is received within 28 days from
when a director of Everhot agreed to accept the returned
Equipment.
6.3 Where Equipment is cancelled or returned pursuant to this
Clause 6, Everhot reserves the right to charge a reasonable
administration cost to reflect costs incurred. Typical cancellation
charges a f t e r o r d e r are £150+vat after 2 weeks, £300+vat
after 4 weeks and increase to 10% of order value once the
cooker is built.
7. WARRANTIES AND LIABILITY
7.1 The Company warrants that the Equipment will
substantially conform to the Specification.
7.2 The Company shall ensure that the Equipment is properly
packed and secured in a manner as to enable them to reach
their destination in good condition.
7.3 The Company shall obtain and maintain in force all
licences, permissions, authorisations, consents and permits
needed to supply the Equipment in accordance with these
Conditions
7.4 Except for the warranties set out in Clauses 7.1 to 7.3
above, all warranties, conditions and other terms implied by
statute or common law are, to the fullest extent permitted by
law, excluded from these Conditions and/or Contracts.
7.5 The Company shall not be in breach of any of the
warranties set out in Clauses 7.1 to 7.3 or be liable for any
Damaged Equipment if:
7.5.1 such Damage arose as a result of the Equipment being
improperly installed, assembled, used and/or not used in
accordance with the manufacturer’s manual and/or installation
guide; or
7.5.2 such Damage was the result of unauthorised modification
of the Equipment without the written consent of Everhot.
7.5.3 the Damage arises because the Buyer failed to follow
Everhot’s oral or written instructions as to the storage of the
Equipment or (if there are none) good trade practice.
7.6 Nothing in this Agreement excludes or limits the liability of
Everhot for death or personal injury caused by Everhot’s
negligence or for fraudulent misrepresentation.
7.7 Subject to Clauses 4.2, 7.5, 7.6 and 7.8, Everhot’s total
liability in contract, tort (including negligence or breach of
statutory duty), misrepresentation, restitution or otherwise,
arising in connection with the performance or contemplated
performance of these Conditions shall be limited to:
7.7.1 in respect of matters for which Everhot does not carry
insurance, the price of the Equipment; and
7.7.2 in respect of matters for which Everhot carries insurance,
the insured value.
7.8 Subject to Clauses 7.5 and 7.6 Everhot shall not be liable
to the Buyer for any indirect or consequential loss or damage,
for loss of profit, loss of management time, depletion of goodwill
or otherwise, loss of productivity, costs, expenses or other
claims for consequential compensation whatsoever (howsoever
caused) which arise out of or in connection with these
Conditions or Contracts.
7.9 The provisions of this Clause 7 shall survive the
termination of these Conditions and/or Contracts.
7.10 The exclusions and limitations of liability set out in this
Clause 7 shall be considered severally. The invalidity or
unenforceability of any one of these sub-clauses shall not affect
the validity or enforceability of any other part of this Clause 7.
8. TERMINATION AND SUSPENSION
8.1 Without prejudice to the rights and remedies available to
Everhot (whether under these Conditions, Contracts or
otherwise), Everhot shall be entitled to (at its sole discretion)
upon providing the Buyer with notice of such intention, terminate
and/or suspend in whole or in part, any Contracts entered into
between the Buyer and Everhot if:
8.1.1the Buyer fails or refuses to take delivery of any Equipment
in accordance with these Conditions;
8.1.2 the Buyer commits any material breach of these
Conditions;
8.1.3 the Buyer fails to pay any sums due to Everhot; and/or
8.1.4 the Buyer makes any composition or voluntary
arrangement with its creditors or becomes bankrupt or enters
into administration or goes into liquidation (other than for the
purpose of amalgamation or reconstruction).
9. TITLE AND RISK
9.1 Risk of damage to or loss of the Equipment shall pass to
the Buyer upon delivery of the Equipment to the Buyer’s
premises or if applicable, when the Equipment is made available
for collection but title in the Equipment only shall pass upon full
payment for the Equipment and no other sums are then
outstanding from the Buyer to Everhot on any account the Buyer
may have with Everhot whatever whether or not such sums
have become due for payment.
9.2 Until such time as title in the Equipment has passed to the
Buyer the Buyer shall:
9.2.1 hold the Equipment on a fiduciary basis only and as
Everhot’s bailee for the company.
9.2.2 store the Equipment (without charge to Everhot)
separately from all other goods held by the Buyer so that
Everhot’s Equipment is clearly identifiable;
9.2.3 not remove, deface or obscure any identifying mark or
packaging on or relating to such Equipment; and
9.2.4 maintain such Equipment in good condition and insure the
Equipment to their full value against all risks to the reasonable
satisfaction of Everhot.
9.3 The Company shall be entitled to repossess at any time
any of the Equipment of which, title remains vested in Everhot
and in this regard, Everhot or any of its agents or authorised
representatives shall be entitled at any time and without notice
to enter upon any premises in which the Equipment or any part
thereof are installed, stored or kept, or are reasonably believed
so to be to retrieve the Equipment and Everhot shall not be
liable for any damage or loss caused to the Buyer or the
Buyer’s premises provided that Everhot has taken reasonable
care when retrieving such Equipment.
10. FORCE MAJEURE
The Company shall not be liable to the Buyer or be deemed to
be in breach of these Conditions or any Contracts by reason of
any delay in performing or any failure to perform any of its
obligations in relation to the Equipment if the delay or failure
was beyond Everhot's reasonable control including acts of God,
explosion, flood, tempest, fire or accident; war or threat of war,
sabotage, insurrection, civil disturbance or requisition;
restrictions, regulations, byelaws, prohibitions or measures of
any kind on the part of any governmental, parliamentary or local
authority in the United Kingdom, strikes, lockouts, other
industrial actions and/or trade disputes.
11. INTELLECTUAL PROPERTY
Any intellectual property rights in any document, or other
material and any data or other information provided by Everhot
to the Buyer shall belong to Everhot.
12. LAW AND JURISDICTION
These Conditions shall be governed by and construed in
accordance with English law and the English Courts shall have
jurisdiction.
Enquiry Form
We would love the opportunity to speak to you about your project requirements.
Please fill out the form below and one of our stove professionals will get in touch to discuss your project in more detail.
Visit Our Showroom
We would be delighted for you to visit the showroom. Please feel free to call and make an appointment so we can ensure the right people are here to deal with your questions. However, if it is more convenient, by all means, just pop in if you are passing by.
Opening Hours
Monday: 9am - 5pm
Tuesday: 9am - 5pm
Wednesday: 9am - 5pm
Thursday: 9am - 5pm
Friday: 9am - 5pm
Saturday: 10am - 4pm
Sunday: Closed
Contact Us
Tel No: 01334 848 913
Email: sales@thestoveco.com
Address:
Stoveco
Unit 1
Avalon Business Park
Guardbridge
St. Andrews
Fife
KY16 0UB