TERMS AND CONDITIONS OF SALE 

The Fire Place 

 

1. Application of Terms

1.1 These Terms and Conditions (“Terms”) govern the sale of goods by The Fire Place (“the Company”, “we”, “us”, “our”) via this website. 

1.2 By placing an order through this website, you (“the Customer”) agree to be bound by these Terms. 

1.3 These Terms apply to the exclusion of any other terms that the Customer seeks to impose or incorporate unless expressly agreed in writing by the Company. 

1.4 This website is intended for use by persons aged 18 years or over. By placing an order, the Customer confirms that they are at least 18 years of age and legally capable of entering binding contracts. 

 

2. Website Information and Product Descriptions

2.1 All descriptions, specifications, images, illustrations, dimensions, technical data and other information on this website are provided for general guidance only. 

2.2 While the Company makes reasonable efforts to ensure accuracy, it does not warrant that such information is complete, accurate, current or error-free. 

2.3 Images are for illustrative purposes only. Variations in colour, finish, specification, or design may occur. 

2.4 The Customer is responsible for ensuring that goods ordered are suitable for their intended purpose. 

2.5 This website may contain links to third-party websites for convenience only. The Company accepts no responsibility for the content, policies, or practices of such third-party websites. Access to any linked site is at the Customer’s own risk. 

 

3. Prices

3.1 All prices are displayed in Euro (€) and include VAT where applicable. 

3.2 Prices are subject to change without notice prior to contract formation. 

3.3 The Company reserves the right to amend prices at any time before a binding contract is formed. 

 

3.4 Pricing Errors and Manifest Errors 

3.4.1 The website may contain inadvertent errors, including but not limited to typographical errors, system malfunctions, technical faults, or incorrect pricing. 

3.4.2 Where a pricing error is obvious and unmistakable and could reasonably have been recognised by the Customer as a mispricing (including but not limited to a price of €0.00 or substantially below market value), the Company shall not be bound by such pricing error. 

3.4.3 In such circumstances, the Company reserves the right, at its sole discretion, to: 

• Refuse the order; 

• Cancel the order; or 

• Correct the price and offer the Customer the opportunity to proceed at the correct price. 

3.4.4 If payment has been taken in respect of an incorrectly priced item, a full refund shall be issued without further liability. 

3.4.5 An automated order acknowledgement or confirmation email does not constitute acceptance of the order and does not create a binding contract. 

 

4. Delivery Charges and Freight Adjustments

4.1 Delivery charges are calculated based on information available at the time of ordering, including product weight, dimensions, destination and third-party carrier rates. 

4.2 Delivery charges are estimated until the goods are processed and prepared for dispatch. 

4.3 The Company uses third-party carriers, including courier services and An Post. Carrier rates, fuel surcharges, remote area surcharges, oversized item fees, and weight thresholds may change without notice. 

4.4 Where, prior to dispatch, the Company becomes aware that: 

• Delivery charges were incorrectly calculated; 

• Weight or volumetric measurements were inaccurate; 

• Carrier surcharges apply; 

• A third-party carrier has increased rates; 

• Additional handling requirements apply; 

The Company reserves the right to notify the Customer of the revised delivery charge. 

4.5 The Customer shall have the option to: 

• Accept the revised delivery charge and proceed; or 

• Cancel the order and receive a full refund. 

4.6 No contract shall be deemed formed until dispatched in accordance with Clause 5. 

 

5. Order Process and Formation ofContract

5.1 The Customer will be required to confirm acceptance of these Terms prior to completing an order via a mandatory acknowledgement mechanism on the website. Failure to accept the Terms will prevent order completion. 

5.2 The submission of an order constitutes an offer by the Customer to purchase goods. 

5.3 Upon placing an order, the Customer will receive an automated acknowledgement email. This email confirms receipt of the order only and does not constitute acceptance. 

5.4 A legally binding contract shall arise only when: 

• The Company confirms dispatch of the goods in writing; or 

• The goods are physically dispatched to the Customer. 

5.5 Until dispatch, the Company reserves the right, at its absolute discretion, to refuse or cancel any order, including but not limited to circumstances involving: 

• Pricing errors; 

• Delivery charge miscalculations; 

• Stock unavailability; 

• Supplier price increases; 

• Technical or system errors; 

• Fraud prevention concerns; 

• Commercial impracticability. 

5.6 Where an order is cancelled prior to dispatch, the Company’s sole liability shall be refunded for any sums paid. 

5.7 Where goods are ordered without the necessary ancillary components, fittings or accessories required for proper installation (for example, but not limited to, a spacer kit for a gas or electric fire or an LPG conversion kit for a gas fire), the Company shall not be responsible for any omission in the order. 

Any additional items ordered separately after the original purchase may be subject to further delivery charges, regardless of whether the initial order qualified for free or discounted delivery. 

Customers are strongly advised to ensure that all required components are included prior to completing their purchase to avoid additional costs or delays. If you are uncertain about the suitability of a product or the accessories required, you should contact us prior to placing your order and we will be pleased to provide guidance. 

 

 

6. Right to Refuse Supply

The Company reserves the right, at its sole discretion, to refuse supply of goods: 

• To any individual or entity; 

• To any specific address or Eircode; 

• Where supply is not commercially viable; 

• Where goods are unavailable or discontinued. 

 

7. Retention of Title

7.1 Title in the goods shall not pass to the Customer until the Company has received payment in full in cleared funds. 

7.2 Until title passes, the Company reserves the right to recover possession of the goods. 

 

8. Risk and Installation

8.1 Risk in the goods shall pass to the Customer upon delivery. 

8.2 The Company shall not be liable for any installation costs, contractor fees, loss of profit, loss of earnings, or consequential losses arising from: 

• Delivery delays; 

• Short shipments; 

• Damaged goods; 

• Carrier issues; 

• Order cancellations prior to dispatch. 

8.3 Customers are strongly advised not to arrange installation services until goods have been received and inspected. 

 

9. Limitation of Liability

9.1 Nothing in these Terms excludes or limits liability where such exclusion is prohibited by Irish law. 

9.2 Subject to Clause 9.1, the Company’s total liability arising under or in connection with any contract shall be limited to the price paid for the goods. 

9.3 The Company shall not be liable for: 

• Indirect or consequential loss; 

• Loss of profit; 

• Loss of business; 

• Loss of opportunity; 

• Loss arising from third-party carrier actions; 

• Loss resulting from website or system malfunction. 

 

10. Force Majeure

The Company shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to: 

• Carrier disruptions; 

• Industrial disputes; 

• Supplier failure; 

• Cyber incidents; 

• Government action; 

• Natural events. 

 

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ireland, and the Irish courts shall have exclusive jurisdiction.