Terms of service

1. General Information

Fire and Frost is a trading name of My Living Ltd is a company registered in England and Wales under company number 11324375 (herein referred to as “we” / “our” / “us”).  Our registered office address is: My Living Ltd, 117 Hall Lane, Bradford, England, BD4 7DF, United Kingdom.  You can contact us by emailing info@fireandfrost.co.uk or telephone us on 01274 985738 or use our online contact form.

1.1 These terms and conditions (together with our Privacy Policy and Terms of Website Use) gives you information about us and the legal terms and conditions (the “Terms”) on which we sell any of the products (“Products”) listed on our website, www.fireandfrost.co.uk (the “Website”) to you. Your use of our Website is governed by the Terms.

1.2 These Terms will apply to any contract between us for the sale of Products to you (the “Contract”). Please ensure you read and understand these terms before ordering any Products from our Website.

1.3 We reserve our right to amend these Terms accordingly. We will contact you to give you reasonable notice of any changes that may affect your order, and enable you to cancel the Contract if you are not happy with the changes. If you wish to cancel your order due to changes to our terms, you will have to return at your cost any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

1.4 You must be over the age of 18 (eighteen) years to place an order with us. We reserve the right to refuse an order where we have reason to believe you do not meet this requirement.

1.5 These Terms together with our order form constitute the whole agreement between you and us and supersede any prior promises, representations, undertakings or implications whether written or oral.

2. Descriptions of Products

2.1 The images of the Products on our Website are for illustrative purposes only, and are usually provided directly from the manufacturer or brand to retain consistent presentation of the product information and associated media. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images as may the packaging.

2.2 Although we have made every effort to be as accurate as possible, please note that our products may be subject to slight size variations. For all products you should allow a variation of up to 4 centimetres (cm) on any given measurement of the product. 

2.3 Customers are responsible for ensuring the space is suitable and accessible for the delivery and placement of the products. We reserve the right to refuse a refund on the item if the space available has not been measured accurately to fit the item before placing an order. Please take in account low ceilings, door frames (for both front and internal doors), narrow areas, staircases, corridors, radiators, bannisters, garden gates, and any other constraints of the entire path that could impede the placement in your space. If you are unsure, please contact our Customer Service Team for guidance before placing your order. 

4. Placing Orders

4.1 Our website pages will guide you through the steps you need to take to place an order with us. Our 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. It is your responsibility to ensure your order and all the details you provide us with, including address and contact information, is correct.

4.2 We will not be responsible for any mistakes made on the order form by you. If there is a mistake, you must notify us in writing of the correct details before the Products have been dispatched. We will notify you if we are unable to comply with the terms of the amended order, or if there will be any additional costs in doing so.

4.3 You will receive an email from us that confirms our acceptance of the order.

4.4 If we are unable to supply you with a Product for any reason, we may offer to substitute the Product with an alternative of equal or better standard and value.  If this situation arises, we will inform you of this by email and we will not process your order until you accept the substitution in writing by email. If you have already paid for the Products, and you no longer wish to proceed with the purchase at this stage, we will refund you the full amount including any delivery costs charged as soon as possible.

4.5 Orders received on Saturdays, Sundays or public holidays and after 1pm on weekdays will be processed by us on the following working day.

5. Price of Products

5.1 The prices of the Products will be as quoted on our Website at the time you submit your order.

5.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

5.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the United Kingdom.

5.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

5.5 It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

5.5.1 where the Product's correct price is less than the price stated on our Website, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order; and

5.5.2 if the Product's correct price is higher than the price stated on our Website, we will contact you in writing as soon as possible to inform you of 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.

6. Paying for your Order

6.1 We offer multiple payment options, and these can be viewed at checkout.  You can pay for Products using a debit card, credit card, a PayPal account or Klarna. Payment for the Products and all applicable delivery charges are taken at the point of order. The payment will be processed once we have accepted your order. Payments are processed via our secure payment system.

6.2 When making a payment to us, you are confirming that all details you provide to us for the purpose of purchasing any Products are correct, and that the credit or debit card or PayPal account which you use is your own, that there are sufficient funds or credit facilities to cover the cost of any Products, and that you are over the age of 18 years. We reserve the right to obtain validation and verification of the authenticity of your credit card or debit card details or your PayPal account before processing your order.

6.3 By selecting Klarna or PayPal Credit as a payment option, you consent to the sharing of your personal data with these third parties for the purpose of processing your order and conducting credit assessments. Please refer to our Privacy Policy and the privacy policies of Klarna and PayPal for more information on how your data is handled.

6.4 When using Klarna or PayPal Credit, your payments will be subject to the terms provided by the respective service. Klarna offers various payment plans, such as Pay Later or Pay in 3, depending on your eligibility. PayPal Credit allows you to make purchases on credit with the option to pay later. Please review the payment schedule, interest rates, and late fees, if any, directly on Klarna’s or PayPal Credit’s website.

6.5 Once you opt for Klarna or PayPal Credit, you enter into a credit agreement with Klarna or PayPal and are responsible for repayment according to their terms. We are not responsible for any repayment issues, interest, or charges that may arise between you and Klarna or PayPal.

6.6 In order to offer you Klarna’s payment methods, we might in the checkout pass your personal data in the form of contact and order details to Klarna, in order for Klarna to assess whether you qualify for their payment methods and to tailor those payment methods for you. Your personal data transferred is processed in line with Klarna’s own privacy notice.

6.7 For full terms and conditions regarding Klarna and PayPal Credit, please visit the following links:

Klarna Terms and Conditions - https://www.klarna.com/uk/terms-and-conditions/

PayPal Credit Terms and Conditions - https://www.paypalobjects.com/marketing/web/us/en/ppcterms/ppcterms.html

 

7. Returns Policy

This Returns Policy applies to all purchases made from Fire & Frost, except for bespoke, made-to-order, or customised items, which are non-returnable.

 

7.1 Right to Cancel.  You have the right to cancel the contract for your purchase within 14 days from the day you, or a third party designated by you, takes possession of the goods. We strive to offer high-quality products and service, but as some of our products are large and fragile, they require careful handling until installed. If you are not entirely satisfied with your purchase, you can cancel the contract within the 14-day period.

 

7.2 How to Request a Return.  To exercise your right to cancel, you must notify us by email at info@fireandfrost.co.uk within 14 days of the delivery date. In your communication, please indicate whether you would like to exchange the product or receive a refund.

You must request approval before returning any items. We will then provide you with the correct return address. Goods returned without prior approval will not be accepted, and delivery will be refused. Once your cancellation request is approved, we will provide you with further instructions for returning the goods.

7.3 Condition of Goods.  Returned goods must be in their original, unused condition, with the original packaging intact. If items have been damaged after delivery, we will be unable to accept them for return. It is your responsibility to inspect the goods upon receipt. If the items are in a non-resaleable condition, we reserve the right to charge an unsaleable item fee of 40% of the order total (excluding shipping costs) from your refund.

7.4 - Returning the Goods.  Returned items must be sent via a tracked courier service, and you will be responsible for the cost of return shipping. The returned goods must be insured to their full retail value, as you will be fully responsible for any damages or loss during return shipment.

7.5 - Refunds will be processed within 10 days of receiving the returned goods, provided the goods meet the conditions outlined in this policy. Refunds will include the original delivery costs (excluding return delivery costs) and will be issued to your original payment method. We are unable to process refunds to a different payment method or card.

7.6 - Damaged or Faulty Items.  We advise inspecting your goods immediately upon delivery. If your items are damaged, have missing parts, or are faulty, you must report this to us within 48 hours of delivery. To expedite the process, please include your order number, name, postcode, a description of the issue, and photographs of the damage or fault. Send these details to info@fireandfrost.co.uk.  If we do not receive your report within 48 hours of delivery, we will assume the goods are in satisfactory condition and free from faults.

 

8. Delivery

8.1 You can see your delivery options on our website before you place your order.

8.2 We offer standard delivery to most mainland UK postcodes. We do not currently deliver to:

Ireland: All "IE" postcodes

Scottish Highlands: IV, KA, KW, PA, PH, ZE

Scottish Isles: HS, IV, KA, KW, PA, PH, ZE

Non-Mainland UK: TR, EX, PO, GY, JE, IM

 

8.3 Although we will make every reasonable effort to ensure your Products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting the manufacturer of the Product or our delivery partners. If we are unable to meet the estimated dispatch or delivery date, we will contact you with a revised estimated date.

8.4 Products transported outside the United Kingdom may be subject to customs, handling, import and/or export duties, and may require licences, clearances and other consents in order for the Products to be transported. You will be responsible for the payment of any such duties and for obtaining and maintaining any such licences, clearances and consents. You must comply with all applicable laws and regulations of the territory for which the Products are to be delivered. We shall not be liable for any breach by you of any such laws and/or regulations. Customers will not receive a VAT or tax deduction or refund based on their location. Product prices include UK VAT.

8.5 Your delivery will be completed when the Products have arrived at the address you gave to us and are signed for either by you or by someone at the delivery address on your behalf. If nobody is available to take delivery, we will leave you a note with information about how to rearrange delivery. If you have not accepted delivery after three attempts for small Products, or, two attempts for large Products, we may treat the Contract as having been cancelled by you and we will reimburse you for any payment you have made, minus the cost of delivery.

8.6 If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.

8.7 You are responsible for the Products when delivery takes place. In other words, the risk in the Products passes to you when you take possession of the Products.

8.8 You own the Products once we have received payment in full and cleared funds, including all applicable delivery charges.

8.9 To avoid any damage to your property or any items therein during the course of delivery, it is your responsibility to ensure clear access to the relevant room(s) in advance of delivery, including keeping children and pets out of the way, removing any precious items and protecting floors as necessary.

8.10 We are not responsible for the removal or movement of any furniture or other items upon delivery.

8.11 Separate deliveries.  We work with multiple different suppliers and warehouses to pick and deliver your order.  Orders that include multiple different products and brands may arrive in separate deliveries.

8.12 We may inform you that we are happy to deliver the Products but that access to the delivery address is inadequate for us to make delivery without risking causing damage to the Products to your property or its contents. If you request that we proceed with delivery then such delivery will be at your own risk and we accept no responsibility for any damage that may occur.

8.13 Our liability (if any) for non-delivery of the Products shall be limited to refunding the price paid for such Products.

9. Warranties

9.1 Where relevant, product warranties are offered directly by the manufacturer of the goods, and we as a company have no involvement in warranty claims.  It is your responsibility to check if warranties need to be registered with the manufacturer in order to be covered and make any potential claims.  Each manufacturer will have their own warranty terms and requirements.

10. Discount Codes

10.1 From time to time, we may offer discount codes which may apply to any, or certain, Products made through our Website.

10.2 Discount codes must not be posted on consumer forums as they will be immediately invalidated.

10.3 Only one discount code can be applied to any one order, this includes any promotional codes or offers, unless agreed otherwise by us.

10.4 When you use a discount code you warrant to us that you are the duly authorised recipient of the discount code and that you are using it in accordance with these Terms, lawfully and in good faith. If we believe that a discount code is being used in breach of these Terms, unlawfully or in bad faith, we may reject or cancel the discount code.

10.5 Any order for Products made using a discount code will be governed by these Terms.

11. How we use your Personal Information

11.1 We only use your personal information in accordance with our Privacy & Cookie Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

12. Our Liability to You

12.1 We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.2 Not withstanding any other terms of these Terms, we do not in any way exclude or limit our liability for:

12.2.1 death or personal injury caused by our negligence;

12.2.2 fraud or fraudulent misrepresentation;

12.2.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

12.2.4 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

12.2.5 defective products under the Consumer Protection Act 1987.

13. Communications Between Us

13.1 When we refer in these Terms to "in writing", this will include email.

13.2 If we have to contact you or give you notice in writing, we will do so by email unless postal communication is specifically requested.

13.3 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

14. Other Important Terms

14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.

14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you have purchased a Product as a gift, you may transfer the benefit of any satisfaction guarantee we may have given to the recipient of the gift without needing to ask our consent.

14.3 This Contract is between you and us. No other person will have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if the recipient of your gift of a Product will have the benefit of any satisfaction guarantee we may have given, we and you will not need their consent to cancel or make any changes to these Terms.

14.4 Each 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.

14.5 If 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.

14.6 If you have a dispute with us relating to our contract with you, in the first instance please contact us at info@fireandfrost.co.uk and attempt to resolve the dispute with us informally. You can also write to us at our registered office: My Living Ltd, 117 Hall Lane, Bradford, England, BD4 7DF.

14.7 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by English law.

14.8 You and we both agree to that the courts of England and Wales will have 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. Other Applicable Terms

1.1 These Terms refer to the following additional terms, which also apply to your use of the Website:

1.1.1 our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate;

1.1.2 our Cookie Policy, which sets out information about the cookies on the Website; and

1.1.3 our Terms and Conditions of Sale which will apply if you purchase goods from the Website.

2. Changes to the Terms

2.1 We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

2.2 We may update the Website from time to time, and may change the content at any time, (but we are not obligated to do either).

3. Using the Website

3.1 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete or up to date.

3.2 You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and any other applicable terms and conditions and that they comply with them.

3.3 The Website is directed to people residing in the United Kingdom. We do not represent that the content available on or through the Website is appropriate for use or available in other locations.

3.4 We shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended or restricted temporarily and without notice in the case of system failure, maintenance or repair or for any other reason at our discretion.

3.5 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you should treat such information as confidential. You should not disclose it to any third party.

3.6 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

3.7 If you know, or suspect that anyone other than you knows, your user identification code or password, you must notify us immediately at info@fireandfrost.co.uk

4. Intellectual Property

4.1 The Website and all intellectual property rights in it including but not limited to any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Website are owned by, or licenced to, us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with the Website and these Terms. This means, for example, that we remain owners of them and are free to use them as we see fit.

4.2 Nothing in these Terms grants you any legal rights in the Website other than as necessary to enable you to access the Website. You agree not to adjust or to try to circumvent or delete any notices contained on the Website (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Website.

4.3 If you wish to link to any part of the Website, you must obtain our prior written consent. We reserve the right to withdraw any linking permission we may provide to you without notice.

5. Acceptable Use and Conduct

5.1 Other than personally identifiable information, which is covered under our Privacy & Cookie Policy,  any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any commercial or non-commercial purposes.

5.2 We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights or of their right to privacy.

5.3 You are prohibited from posting or transmitting to or from the Website any material:

5.3.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

5.3.2 for which you have not obtained all necessary licences and/or approvals; or

5.3.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or 5.3.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

5.4 We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with these Terms.

5.5 You may not misuse the Website (including, without limitation, by hacking). You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website 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 the Website will cease immediately.

6. Disclaimer

6.1 The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content of the Website.

6.2 Nothing in these Terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

6.3 To the extent permitted by law, we exclude all conditions, guarantees, representations or other terms which may apply to the Website or any content on it, whether express or implied.

6.4 Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6.5 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Sale.

7. Third Party Websites

7.1 Where the Website contains links to other websites and resources provided by third parties, these links are provided for information only. They should not be interpreted as approval by us of those linked websites or information you may obtain from them.

7.2 Please ensure you review all terms and conditions of website use and privacy policy of any such third party websites.

8. Jurisdiction and Governing Law

8.1 These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that 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.

8.2 Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.