In these terms and conditions, unless the context otherwise requires, the following terms have the following meanings:
“Products” means wood and gas ovens and accessories supplied for sale by us to you;
Services” means any installation services relating to the Products agreed to be provided by us in a sales order (please note that installation services are only available to certain commercial customers);
“us” or “we” means Gozney Group Limited, a company registered in England with company number 07200046 and having its registered office at Units 18 and 19, Christchurch Business Park, Radar Way, Christchurch, Dorset, BH23 4FL. We also trade under the name “The Stone Bake Oven Company”;
“Website” means the website through which we sell the Products or the Services: gozney.com; and
“you” means the customer purchasing Products or the Services, and “your” shall be interpreted accordingly.
APPLICATION OF THESE TERMS
These terms and conditions (the “Conditions“) apply to the sale Products and (where available) Services by us, whether through our Websites or by other means.
These Conditions together with an order or order confirmation accepted in accordance with clause 3 below (the “Contract“) constitutes the entire agreement between the parties relating to the purchase of Products and/or Services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on our behalf which is not set out in the Contract.
PLACING AN ORDER
We only supply Products for purchase by adults and we do not sell to children. If you are under 18, you may use our Website only with the involvement of a parent or guardian.
For Products purchased on our Websites, the following provisions apply:
The places we deliver to vary depending on the Product and will be displayed on the appropriate webpage.
The Products and the prices on the Websites are an invitation to place an Order only and do not constitute an offer by us to you to purchase the Products.
When you click the “Place Order” button on one of our Websites, the placing of such order will constitute an offer by you to purchase the Products subject to these Conditions. You should review the order and correct any incorrect details before pressing the “Confirm Order” button.
We may reject your order for any reasonable reason, for example, but not limited to, incorrect or incomplete information, a declined credit or debit card, or lack of availability. If we are unable to accept your order, we will notify you by email.
An online order shall only be accepted by us when you receive a confirmation email from us which, subject to the provisions of Condition 3.b.f, shall create a Contract. The date of the Contract shall be the date on which we issue the confirmation email.
Acceptance of your order is not a guarantee by us of the availability of the Products and all acceptances are conditional on availability of the Products. If the Products which you have ordered are not available, we shall inform you of this as soon as possible.
If you receive a confirmation email for an order which you did not place, or if the details in the confirmation email do not match the order which you placed or intended to place, you must contact our customer services department by sending an email to [email protected] or by calling us on 01425 204 999 to cancel the order or correct the details.
Where you order in person, over the phone, by email, fax or post, the following Conditions apply:
Unless you have requested a quotation, your order constitutes an offer to purchase the Products and/or Services in accordance with these Conditions. You are responsible for ensuring that the terms of your order and any applicable specification submitted by you are complete and accurate. Your order shall only be deemed to be accepted when we issue a written acceptance of the order, at which point the Contract shall come into existence.
If you have asked for a quotation for your order, the Contract will come into existence when you accept our quotation. Quotations are subject to availability at the time the quotation is accepted, and quotations shall only be valid for 1 month from the date of issue.
APPEARANCE OF PRODUCTS
The images of the Products on the website 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 Products. Your Products may vary slightly from those images.
Oven cracking is a normal expectation of your wood fired oven and Micro- Mesh Technology ensures the structural integrity of your oven over time. Please note oven cracks need to exceed 3mm (or over a £1 coin thickness) to qualify as unusual, smaller hairline cracks are normal. Send us a photo if you need confirmation.
Any samples, drawings, descriptive matter, or advertising produced by us and any descriptions or illustrations contained in our catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract or have any contractual force.
PRICE AND PAYMENT
The following terms are applicable to purchases of Products on our Website and all sales to consumers:
If you are located in the UK, the EU, the USA, Canada or Australia, then unless otherwise stated, prices are inclusive of VAT (in the UK), GST (in Australia), sales tax (in the USA) or the equivalent local sales tax in the country of purchase, but they do not include delivery charges which will be added to the total amount at the point of order completion.
If you are located outside any of the countries listed in Condition 5.1.1, the prices are exclusive of any applicable sales tax and import duties applicable in your country as well as delivery charges which will be added to the price.
We will require payment at the time of placing the order.
The following terms are applicable to sales to corporate and business customers (excluding Website sales):
Where we provide you with a quotation or a trade price list, prices are, unless otherwise stated, exclusive of VAT and any other sales tax or duty and do not include packaging or delivery charges or the cost of installation.
Invoices are payable:
within 7 days of the date of any invoice in respect of the Products; and
within 14 days of completion of works in respect of any Services.
The following terms apply to all sales.
If you fail to make any payment due to us under the Contract by the due date for payment, then we reserve the right to charge interest on the overdue amount at the rate of 4% per annum above Lloyds Bank Plc’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment.
You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting any other rights or remedies we may have, set off any amount owing to us by you against any amount payable by us to you.
If the rate of VAT changes between the date of the order and the date of delivery, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
Whilst we make every effort to ensure prices and information accessible via the Websites and are brochures or price lists are accurate, complete and up to date, we cannot guarantee this. We do reserve the right to correct any mistakes without liability to you. We will email you if the Contract is affected by a mistake and you will have the right to cancel the Contract. If you cancel you will receive a full refund of the price paid by you.
RISK AND OWNERSHIP
Ownership of the Products will pass to you on the date on which you pay for the Products.
Risk of damage to or loss of the Products shall pass to you at the following times:
If you purchase Products on our Website, risk will pass upon delivery to your address.
If you are a commercial customer and we have agreed an Incoterm with us for delivery under Incoterms 2010, then, unless otherwise agreed on the order confirmation, risk will pass at the time specified by the agreed Incoterm.
In all other cases, risk will pass when the Products leave our warehouse.
CANCELLATION AND RETURNS
If you are purchasing from us as a consumer in the United Kingdom or the European Union, and you purchase our Products away from our premises (such as through our Websites) you are entitled to a statutory “cooling off period” allowing you to cancel the Contract for any reason if you change your mind:
in relation to any Products which are not perishable or tailor made for you, at any time within fourteen (14) days of receiving the Products.
in relation to Services, at any time within fourteen (14) days of the date of the Contract.
You may cancel the contract under Condition 7.a using the model cancellation form attached to these terms and conditions (but you are not obliged to do so) and sending it to us at Units 18 and 19, Christchurch Business Park, Radar Way, Christchurch, Dorset, BH23 4FL or emailing it to us at [email protected] You may also cancel by contacting our customer services department by email to [email protected] or by telephone on 01425 204 999.
Under our goodwill guarantee returns policy for consumers in the UK and the European Union, we will extend the returns period for Products to 30 days from the date of receipt of the Products provided the Products are in their original, unused condition and returned in their original packaging with a copy of the original delivery note.
Where you cancel your Contract within the cooling off period we will promptly refund to you any payment you have made and in any event within 30 days of cancellation, provided the Products are returned undamaged and in the original packaging and that the Products have not been specifically tailored to your specifications, or personalised, or the Products by their very nature cannot be returned or are liable to deteriorate. We will also refund to you the cost of sending the Products and/or any items to be supplied in respect of the Services to you.
We will also refund to you the cost of returning Products to us provided:
the address from which the Products are being returned is in the United Kingdom; and
you return the Products within the fourteen day period referred to in clause 7.a.a.In all other cases, you shall be responsible for the cost of returning the item to us.
Delivery of the Products shall be made to the address that you provide in the order, or such other address that we may agree with you in writing.
For international deliveries, we may agree a shipment term with you in your order confirmation which will be construed in accordance with Incoterms, 2010.
If you fail to take delivery of the Products:
delivery will be deemed to have taken place on the date for delivery;
risk in the Products will pass to you; or
we may (without prejudice to any of our other rights) dispose of the Products.
A recipient is required to be present at the address to sign and confirm receipt of goods in satisfactory condition – please see ‘Guaranteed against damage in transit. ’
Failure to provide us with the correct delivery address may result in a re-direction charge of full price.
The time it takes for us to ship the Products depends on stock levels and will be specified to you at the time you place your order, or failing that, by email following our receipt of your order.
The time it takes to deliver the Products once they have been shipped depends on the delivery service we use, which depends on the type of Product and your location. Current delivery details are as follows:
Roccbox UK and EU – next day dispatch (depending on stock availability)
Roccbox USA and Canada – dispatched within a week and can take up to 7 days for delivery (depending on stock availability)
Roccbox Australia – dispatched within a week and can take up to 7 days for delivery (depending on stock availability)
Gozney Stone and Gozney Master – Two types of delivery will be offered on the Website:
Pallet delivery – you request delivery date and this is confirmed with the courier (you have to be in and sign for the delivery); or
Premium pallet delivery service – you will be given a delivery date depending on your delivery postal code. Requires details of access. AM and PM and Saturday deliveries can be requested at an additional cost. Please call us to arrange the premium delivery service.
Gozney Elite – Pallet delivery – AM and PM and Saturday deliveries can be requested. Please call us to arrange this.
Since we use a third party delivery service, late delivery of Products is out of our control and will not be eligible for a refund on the ground of late delivery after they have left our warehouse.
PREPARING TO ACCEPT PALLET DELIVERIES
If you are purchasing any Products other than Roccbox, the following terms apply:
You must notify us in advance of any delivery difficulties, which may be expected. This includes narrow road access or helpful hints and tips of how to find you. Failure to do so may result in an additional delivery charge liable to the customer. Please Note: Delivery vehicles can be very large and adequate space and access is required.
Delivery vehicles for ovens range from 7.5 tonne lorry upwards. If you require a small, 7.5 tonne lorry for delivery, you must submit a small vehicle request when arranging your delivery date. We cannot guarantee delivery vehicle sizes as they are provided by third parties outside of our control.
Once the oven/ accessories have been loaded onto the truck, we do not control the delivery of the Products. Product dispatch is via standard national courier services. We cannot guarantee delivery times as they are provided by third parties outside of our control.
We ask all of our consumer customers NOT to book any installer or other related trade persons until the Products have arrived safely with you and have been checked as correct and in good condition.
BEFORE receiving your delivery please read the document entitled: Shipping Information.
Palletways Delivery is a KERBSIDE delivery, meaning the driver will remove the pallet off the vehicle with a tail lift and move the pallet by pallet truck only on hard standing, level ground. It is NOT the driver’s responsibility to move or assemble your oven beyond the kerb.
Bishopsgate Premium Delivery is a specialised delivery service, meaning the driver will remove the pallet off of the vehicle and move it to the assembly location at the Delivery address. Customers can opt to have all items unpacked and packaging removed from the Delivery address if requested at the time of Delivery.
If, for any reason, the delivery cannot be completed due to absence of recipient at address, unsuitable delivery conditions or otherwise, the goods will be returned to depot and a re-delivery charge may apply at full price.
To track/follow up your delivery, refer to your tracking email sent on the morning of delivery for or contact us for delivery details including consignment numbers and courier contact details.
GUARANTEE AGAINTS DAMAGE IN TRANSIT
Gozney Stone, Gozney Master and Gozney Elite Products are subject to an insurance backed guarantee against damage in transit as long you comply with the remainder of this Condition 9.
Upon arrival, if there is any present or visible damage to the Products, refuse receipt by refusing signature and return with driver with reason of refusal along with the co-signature of delivery driver. DO NOT sign if damaged and DO NOT accept goods as ‘damaged in transit’.. Contact us on 01425 204999 within the same day, to report damages and ensure fast replacement of your Products. Alternatively, you can sign ‘UNCHECKED’ If you are unable to check the goods at the time of delivery. The Guarantee under this Condition 9 will be void if:
You do not report the damage in transit to us within 3 days of product delivery; or
You accept Products that have clearly and visibly been damaged in transit without returning them to the driver. Your transit guarantee against Product damage is terminated once the goods have been signed for. Products marked unchecked will be believed to be received in good order.
If you are a consumer, the guarantee in this clause does not affect your statutory rights.
For Roccbox Products, if there is any present or visible damage to the Products, contact us on 01425 204999 within the same day, to report damages and ensure fast replacement of your products.
If you are a consumer purchasing a Product for personal useWe warrant to you that for a period of 12 months (in the case of Roccbox ovens) or 36 months (in the case of other Products) from the date of purchase that the Products are of satisfactory quality and reasonably fit for all the purposes for which goods of this kind are commonly supplied; and that, the Products will match their description or sample (having regard to Condition 4).
If you are purchasing a product for business use we warrant that, for a period of 12 months (in the case of Roccbox ovens) or 36 months (in the case of other Products) from delivery, the Products will:
be free from material defects in design (unless the design was supplied by you), material and workmanship; and
comply with any agreed specification for the Products
We warrant that the Services shall be provided:
with reasonable skill and care:
with reasonable skill and care:
in accordance with any agreed service description agreed with us.
If you are purchasing a product for business use the warranties in Conditions 11.2 and 11.3 apply to the exclusion of all other warranties, conditions or other terms implied by statute, common law, trade custom or otherwise.
The warranties in Condition 11.a and Condition 11.b shall not apply to:
the included tools, safety equipment, pizza peels and finishes such as render;
maintenance items which shall include without limitation airflow adjusters, air and gas mix adjusters, pilot flame adjusters, door mechanisms, timers, thermometers, lightbulbs, fuses, screws or fasteners; or to
Products or components manufactured by third parties, in respect of which we will endeavour to assign for your benefit such rights (including warranty rights) as we have against the manufacturer.
Oven cracking is a normal expectation of your wood fired oven and Micro- Mesh Technology ensures the structural integrity of your oven over time. Hairline cracking is not covered by the warranties in Condition 11.a and Condition 11.b. Oven cracks need to exceed 3mm (or over a £1 coin thickness) to qualify as unusual, smaller hairline cracks are normal. Send us a photo if you need confirmation.
The product warranty provisions in Condition 11.a and Condition 11.b shall apply to any replacement Products supplied by us save that the warranty period for replacement goods shall be the time remaining on the original Product’s warranty period specified in Condition 11.1 or Condition 11.b (as applicable).
PROCEDURE FOR WARRANTY CLAIMS
If you give us notice in writing during the warranty period within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out in Condition 11.a or Condition 11.b; and we are given a reasonable opportunity of examining the Products and we determine that the Products do not comply with the warranty set out in Condition 11.b then we shall, at our option, replace, repair, or refund the price of the defective Products on a pro rata basis based on the market value of the Products at the time any refund is payable and taking into consideration wear and tear and normal market depreciation in respect of the Products.
You must provide all information (including photographs where requested) and all assistance reasonably requested by us in order for us to properly assess the Products.
We reserve the right to require that faulty Products be returned to us. In such circumstances we shall refund the cost of carriage by normal means of returned Products and the replaced Products will be delivered free of charge by us to you at the original delivery address. If, following inspection of the returned Products, we determine, acting reasonably, that there has been no breach of the warranty in Condition 1 or Condition 11.2 (as applicable) in respect of those Products, we will, if you so request, return the same Products to you at your cost. We shall have no liability to you (whether the Products are found to breach the applicable warranty or not) for the cost of removing Products returned to us under this Condition 12.3, or for re-installing them after they have been returned to you.
We shall not be liable for a Product’s failure to comply with the warranty set out in Condition 11.a or Condition 11.b in any of the following events:
you make any further use of the Product after giving notice that it is defective in accordance with Condition 12.1 except as permitted in writing by us;
the defect derives from a textual manifest error contained in the order (including typographical errors);
the failure, in our reasonably held belief, is attributable to, caused by or has been substantially aggravated by:
any improper use, misuse or unauthorised alteration, storage or installation of the Products by you, your employees, agents or hired staff;
any use of the Products by you, your employees, agents or hired staff in a manner inconsistent with any specification and our directions; and/or
any use of the Products by you, your employees, agents or hired staff in a manner inconsistent with any specification and our directions; and/or
the defect arises as a result of you not following our instructions in relation to the type of fuel to be used with the Products, that is, only kiln dried untreated hard wood with a moisture content of 20% or less or Gozney Briquettes;
the defect arises from the use of salt;
the defect arises from caustic cleaning materials;
the defect arises as a result of fair wear and tear; or
the Products differ from any corresponding specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
you have modified the Products in any way.
You shall be liable to cover any reasonable costs incurred by us for the replacement of any Products under this Condition 12 in the following circumstances:
the failure of the Products is a result of a defective part or parts not covered by the warranty in Condition 11.a or Condition 11.b;
no fault is found;
the failure of the Products is due to damage caused at your premises;
the failure of the Products is a result of incorrect installation
the failure of the Products is a result of the Products being used in conjunction with other goods not supplied by us;
the failure of the Products is caused by external or environmental factors; or
the failure of the Products is a result of theft, loss or removal of equipment by you or a third party, and such costs may vary depending upon the location of the Products and any other reasonable costs incurred by us.
the failure of the Products is caused by modifications made by you.
Except as provided in Condition 11 and Condition 12, and subject to Condition 13, we shall have no liability to you in respect of the Products’ failure to comply with the warranty set out in Condition 11.1 or Condition 11.2 or for any other defect in the Products.
LIMIT ON LIABILITY
If you are a consumer:
We will be responsible for any losses you suffer as a result of us breaching these Conditions if the losses were reasonably foreseeable to both you and us at the time the Contract for the relevant Products is made.
Save as stated in Conditions 5 and 13.f
We will not be liable for any indirect or consequential loss that is not reasonably foreseeable to both you and us when the Contract was made.
Our liability to you and your liability to us for breach of these Conditions will not exceed an amount equal to five times the price paid or payable by you for the Products ordered.
If you purchase from us for business purposes, then
Subject to clause, we will not be liable to you, whether in tort (including negligence), for breach of contract, breach of statutory duty or otherwise for:
any indirect or consequential loss; or for
any business loss (including loss of profits, contracts, income or revenue), anticipated savings, data, goodwill or wasted expenditure, whether direct or indirect.
Subject to clause 13.c, 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 Products or the Services to which the claim relates.
If any items are missing from your order, or there are any other irregularities such as faulty or incorrect items, you must notify us as soon as possible in writing, and by no later than within 7 days of Product delivery in order for us to rectify the problem. Failure to notify us within this time frame may result in the inability to rectify this problem.
Whether you are a business or a consumer, nothing in these Conditions shall exclude or limit either party’s liability to the other for
death or personal injury caused by negligence
breach of the terms implied by the section 12 of the Sale of Goods Act 1979;
defective products under the Consumer Protection Act 1987; or for
any other liability that cannot be lawfully excluded or restricted.
Nothing in these Conditions affects your statutory rights as a consumer.
EVENTS OUTSIDE OUR CONTROL
We may cancel the Contract if an event outside our reasonable control makes it difficult to provide the Products in accordance with the Contract, and we shall not be in breach of these Conditions if we do cancel due to such an event. As soon as we become aware of the need to cancel the Contract we will contact you by email setting out our reasons for cancellation. You will receive a full refund of the price paid by you.
From time to time we may offer promotional offers in respect of certain Products on our Website. These promotional offers will be subject to availability of the relevant Products and are not an indication of availability
All promotional offers offered by us shall be subject to these Conditions together with any applicable additional terms and conditions, rules and instructions. Where there is a conflict between these Conditions and any additional terms and conditions, rules and instructions these Conditions shall apply.
We may transfer the Contract to any person or ask any person to fulfil any aspect of it as long as the performance of the Contract is not affected.
An entity which is not expressly a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions.
If any of the numbered terms in these Conditions is found to be void or unenforceable, such invalidity or unenforceability shall not affect the remainder of these Conditions.
We reserve the right to make changes to these Conditions at any time. Your Contract will be governed by the version of these Conditions in force at the time that you placed your Order.
These Conditions and the Contract shall be governed by and construed in accordance with the laws of England in the English language, and any court proceedings must take place in the English courts.
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