Terms and Conditions

These Terms and Conditions (“Terms”) govern your use of the services provided by APC ASSETS Limited T/A Evolution Fires , a limited company registered under the laws of England and Wales (Company Number 12838524) with registered address at Unit 2 Firefly Square, Plantation Road, Burscough L40 8JT Email address sales@evolutionfires.com phone number 01704 790001 (“Evolution Fires”, “we”, “us” or “our”). By using the services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions. If you do not agree with any provision of these Terms and Conditions, you should refrain from accessing or using the services.

1. BASIS OF THESE TERMS

These Terms shall come into effect and be binding upon the Customer upon the purchase or utilization of any of our products or services. By engaging in such a purchase or utilization, the Customer acknowledges and agrees to be bound by these Terms in their entirety. The application of these Terms prevails over any other terms that the Customer may seek to impose, incorporate, or assert, whether expressly or implicitly. These Terms take precedence over any conflicting terms that may be implied by trade, custom, practice, or prior course of dealing. In the event of a conflict between these Terms and any terms put forth by the Customer or any other third party, these Terms shall govern and control the relationship between the parties. These Terms constitute a binding agreement between you and us for the use of the services. We strongly encourage you to carefully review and understand these Terms in order to address any questions or concerns you may have. Our dedicated team is available to provide further clarification or assistance as needed.

2. SERVICE DESCRIPTION

As part of our diverse product range, we proudly present our custom-crafted media walls. These unique creations exemplify our commitment to tailor-made solutions, featuring meticulously designed TV cut-out sizes, precision-engineered soundbar cutouts, and a variety of complementary items. Each media wall is a testament to our dedication to delivering personalized and innovative products that seamlessly integrate into your space.

3. PAYMENT TERMS

3.1. Evolution Fires adheres to standard payment terms, requiring payment in full prior to the shipment of the order. Payments shall be remitted via Card Payment in accordance with the details provided by Evolution Fires.

3.2. You acknowledge and agree to comply with the payment terms stipulated by Evolution Fire as an integral component of the transaction. It is essential that payment is made prior to the shipment of the ordered products to ensure the timely processing and delivery of the order.

4. PRODUCT SHIPPING AND DELIVERY

4.1. All shipments will be made by the method deemed most advantageous and at the sole discretion of Evolution Fires. Deliveries of our products are typically made Monday through Friday. Delivery dates are approximate and subject to delay due to events beyond reasonable control of Evolution Fires. We accept no liability for loss of income or revenue, loss of business, loss of profits or contracts; loss on anticipated savings as a result of delay in delivery. Media walls take around 4 weeks to Manufacture this does not include delivery time.

4.2. All goods must be signed for upon delivery. In the event there is no one present to sign then delivery may be rescheduled. It is strongly advised that you unpack each part before signing. Upon delivery you have 30 minutes to check the goods and report any discrepancies to the delivery team. It is your responsibility to check the goods on delivery to ensure they are of satisfactory condition.

4.3. By signing for the goods you are confirming satisfaction with the goods and proof of delivery. Upon execution, you accept full responsibility for the goods. Any damage after the goods are signed for must be reported within 7 days. The product must not be installed.

4.4. Please ensure access into your property is safe and adequate for delivery. If there is no safe and adequate way into the property the product may be left at the nearest safe place. It is the customers responsibility to make sure the product fits inside there home product sizes can be found on our website alternatively you can contact us to get product dimensions.

4.5. Unless otherwise specifically requested, deliveries shall be made at ground floors only.

4.6. Our liability for any damage that occurs in the delivery process as a result of our gross negligence shall be limited to making good the damaged area only.

4.7. Evolution Fires shall not be responsible for insurance of the product if the customer chooses to arrange their own shipping or collection.

5. CANCELLATIONS & NON-DEFECTIVE RETURNS

5.1. Return requests for electric fireplaces must be made within 14 days of delivery. Evolution Fires will not approve a Return request if such request is received more than 14 days after delivery. You may contact Evolution Fires for a Return Authorization Number (RAN) by calling our Customer Service at 01704 790001. Please make sure the RAN is written on the outside of the box you send back to Evolution Fires. Returns without an RAN will be refused.

5.2. if you would like to return your fireplace there are 2 options avalible

Option 1: The buyer returns the goods back to our depot in person. The goods will be subject to inspection upon arrival at our warehouse, this inspection is carried out in the presence of the customer. A full refund is issued within 14 days if the goods are packaged in the standard in which they were delivered & the goods are in a resalable condition our return address is below.

Option 2: If you would like us to collect your product, we will charge £130 to organize a collection service. This amount will be deducted from the refund.

5.3. While Evolution Fires includes free shipping on certain units at no extra charge, you are responsible for the return shipping costs tied to the return of the fireplace back to Evolution Fires

5.4. if you notify us of a Returns/Exchange after your item has been delivered after 14 days will be declined and not refunded.

5.5. In the event that your purchase does not meet your expectations and you wish to initiate a return or exchange, Evolution Fires has a 14-day window for our valued customers to avail of this option. The 14-day period commences from the date of delivery. To initiate a return/cancellation of your order, kindly notify us via email. Our dedicated team is readily available to guide you through the necessary steps and provide the requisite assistance.

5.6. In the event that your returned unit is found to be missing parts or exhibits damage, the corresponding value of these components will be subtracted from your refund amount. This clause is established to ensure that returned units are in the same condition as when originally purchased, and to fairly account for any missing or damaged components. Your understanding and compliance with this provision are appreciated, as they contribute to a smooth return process and facilitate accurate refunds.

6. CUSTOM MADE PRODUCTS

All media walls, inclusive of TV cut-out sizes, soundbar cutouts, custom colour options and similar items, are considered custom-made products. As such, units that deviate from standard sizes are ineligible for return. Evolution Fires extends a color match service for our products, aiming to accommodate your preferences. However, it’s important to note that failure to meet your color matching preferences does not meet the criteria for a return under this policy.

7. DEFECTIVE MERCHANDISE & WARRANTY POLICY

7.1. Contact Evolution Fires immediately upon discovering merchandise defect Please have the following information available: name, Purchase Order, product serial number, model number of the product, date of purchase, video of problem. In the event of such defects, Evolution Fires will, at its option, send out an engineer to repair the item or collect the item from your home and bring the item back to our factory for repair or send out a replacement product.

7.2. Evolution Fires warrants that its products and parts related thereto shall be free from defects in materials and workmanship and shall be suitable for form, fit and function for the defined periods of time below.

7.3. Our warranties shall not apply to products that have been: Installed incorrectly blocking the airflow vents.

7.3.1. modified, altered or adapted;

7.3.2. maltreated or used in a manner other than in accordance with its intended purpose;

7.3.3. repaired by a third party in a manner that fails to meet Evolution Fires quality standards;

7.3.4. improperly installed by any party other than Evolution Fires

7.3.5. relocated, to the extent that the problems with the Product are attributable, in Evolution Fires professional opinion, to such relocation;

7.3.6. purchased from any entity other than Evolution Fires or authorized partners;

7.3.7. affected by normal wear and tear;

7.3.8. damaged by accident, abuse, misuse, flood, fire, earthquake or other external causes;

7.3.9. cosmetic damage including, but not limited to, scratches, dents and broken plastic, as applicable; and/or

7.3.10. damaged as a result of shipping, exposure to tobacco smoke/weather, terrorism, acts of God or failure to follow Evolution Fires instructions.

7.4. Evolution Fires shall not be responsible for any warranties other than those provided herein.

7.5. In no event shall Evolution Fires be liable or responsible for the expense of removal or installation of defective product, incidental, consequential or liquidated damages, or for any other direct or indirect damage, loss, cost, expense or fee.

7.6. This warranty does not cover any third-party products or hardware installed into, or attached to, the Product after the date of purchase. Further, if an installation fails or is damaged in a manner that causes damage to the Product, this warranty shall not cover such damage. Repair and/or replacement of any damaged components in these situations shall be subject to additional repair and/or replacement charges.

8. FINAL SALE ON CUSTOM ORDER ITEMS:

All sales pertaining to custom order items are considered final, not eligible for returns, and non-refundable.

9. MEDIA WALL ORDERS

9.1. All media wall prices include a 3D CAD drawing for your approval, drawn to your required sizes.

9.2. Drawings shall not be given out to customers who have not placed an order for a media wall. Sizes are only provided once a customer has placed an order. Should you choose not to place an order, a minimum amount of £200 will be charged for the drawings we will deduct this from your refund.

9.3. To add a sound bar cutout to any media wall will incur a £75 charge. Real logs shown in the base of packages 3, 6, 7, 15, and 16 are not included thy can be purchased from most local shops.

9.4. Any changes to the height or width of the media wall will be a custom design and will incur a £150 charge. Once confirmation has been sent we are unable to make any changes to the design.

9.5. Socket positions will be provided within the 3D visual drawings these are to be used as a guide.

9.6. If you decide to change your TV size once the drawings have been sent new drawings will be required at a cost of £25. Any changes to the media walls height or width of our standard sizes will be a bespoke build and £150 will be added to the cost.

9.7. Please check your room height. Adding a soundbar will increase the products height by the soundbars height plus 1 inch Sound bar cutouts in packages 10, 11 & 12 will increase the products height by sound bars height plus 3 ½ inches. we will not be held liable for media walls that are delivered and don’t fit inside your home.

10. GUARANTEE

10.1. The product guarantee is for one (1) year from the date of purchase and is only valid from an authorized stockist. Please retain your dated proof of purchase and sends it with your claim to support@evolutionfires.com.

10.2. All of our products come with a 12-month manufacturer’s warranty. Our warranty shall cover the electric firebox only. Woodworks are excluded from the warranty. The one-year warranty is valid for one year from the date of purchase only (included with this purchase). If you encounter any faults during the specified warranty period, we recommend that you contact our customer service team. You may email our support team at support@evolutionfires.com.

Repaired or replaced products are covered only for the remainder of the original guarantee period and the guarantee period will not be extended even if we repair or replace any product or part. If we replace any component or product, the component or product removed will become our property.

For Appliances that are out of the 1 year guarantee period we have 2 options avalible.

Option 1 – We can send you the parts out and access to how to videos there will be a postage charge of £5.99 .

Option 2 – We can send out an engineer the cost will depend on your location please contact our team so we can get you a quote support@evolutionfires.com

10.3. Products purchased from unauthorized sellers, including unauthorized websites, shall not be eligible for warranty benefits. (Unauthorized sellers) The warranty is only valid while the product remains with the original purchaser. If the Item is installed in another home and has a new ownership the warranty does not apply. In the event of such defects, Evolution Fires will, at its option, send out an engineer to repair the item or collect the item from your home and bring the item back to our factory for repair or send out a replacement product. We will not reimburse any costs for the Installation or any time spent off work.

Warning – If you purchase a media wall fire only please make sure that the company you choose to build your media wall have experience in building media walls. You must allow at least 100mm clearance above the air vents (Note) – A frame can be constructed that is flush with the fire on the bottom and sides, as long as the vents on the fire unit are not obstructed and the frame above is hollow to allow for air-flow.

The airflow vents must not be blocked if there is not sufficient airflow this will cause your fireplace to break. Do not seal in your media wall with silicone as this will reduce the airflow. We reserve the right to reject any claim or make a charge for any visit where the cause of the defect is due to non-compliance with the installation and/or servicing instructions or misuse of the appliance.

10.4. If a repair is chargeable during the warranty period, we will inform you and where possible, provide a quote or price guide before starting work. We cannot always give a firm cost until we commence the repair as it is not always possible to identify which components have been damaged.

10.5. Repaired or replaced products are covered only for the remainder of the original guarantee period and the guarantee period will not be extended even if we repair or replace any product or part.

10.6. If we replace any component or product, the component or product removed will become our property.

10.7. We will not accept or reimburse the cost(s) of any third party who undertakes any work carried out on the product or fits parts, unless we have approved such work in advance of it being carried out.

10.8. If we send out a replacement product due to a fault, we will need you to have your current fireplace ready to be collected the same time as the new one is delivered. There are no exceptions to this requirement. Please note if the current fireplace is not ready to be collected at the same time we will not be able to deliver the replacement fireplace.

11. RESTRICTED APPLICATION OF OUR GUARANTEES

11.1. Our product guarantee commences from the date of purchase and is only valid for products forming part of our authorized stockist. Products purchased from unauthorized sellers, including unauthorized websites, shall not be eligible for warranty benefits. (Unauthorized sellers) The guarantee is only valid while the product remains with the original purchaser. If the Item is installed in another home and has a new ownership the warranty does not apply. You are advised to inspect all products fully before installation. Evolution Fires will not be held liable for product damages once the product has been installed.

11.2. We reserve the right to reject any claim or make a charge for any visit where the cause of the defect is due to non-compliance with the installation and/or servicing instructions or misuse of the appliance.

11.3. If a repair is chargeable during the warranty period, we will inform you and where possible, provide a quote or price guide before starting work. We cannot always give a firm cost until we commence the repair as it is not always possible to identify which components have been damaged.

11.4. If we replace any component or product, the component or product removed will become our property.

11.5. We will not accept liability or reimburse the cost(s) for any:

11.5.1. Third party who undertakes any work carried out on the product or fits parts, unless we have approved such work in advance of it being carried out.

11.5.2. Damage caused by faulty installation ie blocking the airflow vents, not installing the media wall fires correctly, theft, tampering, neglect, misuse, normal wear and tear, accident, fire, flood, explosion, lightning, storms, frost or other bad weather conditions.

11.5.3. Damage caused by the non-observance of the Manufacturer’s Installation Instructions. Any unauthorized adjustments made to the product by a third party.

11.5.4. Servicing and its associated costs.

11.5.5. Self-maintenance tasks such as cleaning.

11.6. This warranty is for domestic use, not transferable and is extended only to, and solely for, the benefit of the original purchaser of the product. Please retain your dated sales receipt as proof of purchase.

11.7. During the warranty period, only genuine Evolution Fires spare parts must be used in the servicing and maintenance of the Evolution Fire, these spare parts can be ordered by calling our office on 01704 790001. Items considered as consumable such as glass, screens, bulbs, LED boards, ceramic logs, fuses and batteries which are either subject to normal wear and tear or parts that require replacement in connection with normal maintenance are not covered by the warranty. Loss or damage of any remote-control handsets is also excluded from the warranty.

11.8. Should you experience problems with the product, any claim must be submitted by email to support@evolutionfires.com.

11.9. The Evolution Fires warranty does not cover:

11.9.1. Damage resulting from installation, and usage where the appliance has not been installed or used in accordance with the Evolution Fire installation and operation instructions, blocking the airflow vents or if the installation does not conform to local building, fire and safety regulations.

11.9.2. Damage caused by unpacking products using stanley knives or other sharp objects.

11.9.3. Damage caused by unauthorized modifications, use, or repair.

11.9.4. Damage or defects caused by the product being stored in a damp, unheated environment.

11.9.5. Consequential loss (to the extent permitted by the law) relating to other associated products that have not been supplied by Evolution Fires.

11.9.6. Consequential loss (to the extent permitted by law) related to decorations, furnishings, or other household assets.

11.9.7. Removal and re-installation costs.

11.9.8. Accidental damage.

11.9.9. The cost of installing frame or woodwork.

11.10. Repaired or replaced components are covered only for the remainder of the original warranty period.

11.11. In the event of a product fault occurring during the warranty period, Evolution Fires will send the appropriate component to rectify the fault, free of charge.

12. WARRANTY DISCLAIMER

12.1. Evolution Fires makes every effort to provide products of the highest quality and craftsmanship. However, the following warranty disclaimer outlines the terms and conditions of our product warranties:

12.1.1. No Express or Implied Warranties: Evolution Fires expressly disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Our products are provided on an “as-is” and “as-available” basis.

12.1.2. Limitation of Liability: In no event shall Evolution Fires be liable for any direct, indirect, incidental, special, or consequential damages, or any damages whatsoever, arising out of or in connection with the use or performance of our products. This includes, but is not limited to, damages for loss of profits, data, goodwill, business interruption, or any other tangible or intangible losses.

12.1.3. External Manufacturers’ Warranties: Certain products may be accompanied by warranties provided by external manufacturers. In such cases, any claims or disputes related to these warranties shall be solely between the customer and the manufacturer.

12.1.4. Proper Use and Care: The warranty disclaimer shall not apply to damages resulting from improper use, neglect, accidents, modifications, unauthorized repairs, or failure to follow product instructions and care guidelines provided by Evolution Fires.

12.1.5. Exclusions and Limitations: This warranty disclaimer applies to the fullest extent permitted by applicable law.

13. LIMITATION OF LIABILITY

Nothing in these Terms shall make Evolution Fires liable for any or special, incidental or consequential damages, injury to persons or property, or any other consequential loss beyond the consumer’s statutory rights. The liability on these issues is covered by Evolution Fire Terms and Conditions of Sale. Evolution Fires total liability extends only to the purchase price paid for the goods, except where such a limitation is prohibited by statute. Evolution Fires, in the event of a warranty claim, reserves the right in its sole discretion to either replace the goods in question or to refund the purchase price of the goods.

14. INDEMNIFICATION

14.1. You agree to indemnify, defend, and hold harmless Evolution Fires, its officers, directors, employees, and affiliates from and against any and all claims, demands, liabilities, damages, losses, expenses, and costs (including reasonable legal fees) arising out of or in connection with the use, installation, or operation of the products purchased pursuant to these Terms. This includes but is not limited to any claims related to product misuse, accidents, injuries, property damage, or violations of any third-party rights.

15. OWNERSHIP OF INTELLECTUAL PROPERTY (IP)

15.1. Ownership: Evolution Fires is the sole and exclusive owner of all intellectual property rights associated with the Evolution Fires brand, website, and logo and the products. These intellectual property rights include, but are not limited to, copyright, trademark, and any other proprietary rights. All rights, title, and interest in and to the brand, website, and logo are reserved and retained by us.

15.2. Copyright: The content, design, graphics, logos, images, text, and other materials displayed on our website are protected by copyright laws. You shall not reproduce, distribute, display, or create derivative works based on the copyrighted materials without our express written permission.

15.3. You are expressly prohibited from utilizing the business name, logo, or trademark of Evolution Fires for any unauthorized purposes, including, but not limited to, running advertisements and engaging in marketing activities.

15.4. Enforcement of Intellectual Property Rights: We reserve the right to take appropriate legal action, including seeking damages, injunctions, or any other remedies available, to protect our intellectual property rights. Any Unauthorized Use or infringement of our intellectual property may result in civil and/or criminal liability.

16. REPORTING SHIPPING DAMAGES:

Any visible shipping damage must be reported promptly upon receipt of the product. For damages not immediately apparent (concealed damages), reporting must occur within 7 days of product receipt. Evolution Fires assumes no liability for damages reported beyond this 7-day timeframe.

17. CHANGES TO THESE TERMS

17.1. We reserve the right to modify or update these Terms at any time. Any changes made to these Terms will become effective immediately upon their posting on our platform or other communication channels. It is your responsibility to review these terms periodically for any updates or modifications.

17.2. If you continue to use the Services after any changes to these Terms, it will signify your acceptance of the modified terms. If you do not agree with the updated terms, you may choose to discontinue your use of the Services.

17.3. We may also provide you with notice of any significant changes to these Terms via e-mail or other appropriate means. Such notice will specify the nature of the changes and the effective date. Your continued use of the Services following the receipt of such notice constitutes your agreement to the revised terms.

These Terms represent the comprehensive and final agreement between you and us regarding the resale of the products. By accepting these Terms, you acknowledge your understanding and agreement to all the terms and conditions stated herein. No other representations or agreements, verbal or written, shall be considered binding unless explicitly incorporated in these Terms. Any modifications to these Terms must be in writing and signed by an authorized representative of Evolution Fires.

We encourage you to carefully read and understand these Terms and any updates or modifications. Should you have any questions or concerns about the changes, please contact us on our e-mail support@evolutionfires.com for clarification and we will endeavor to attend to your request.

18. CONTACT US

APC ASSETS Limited T/A Evolution Fires

Company Reg. 12838524

Unit 2, Firefly Square

Plantation Road

Burscough

L40 8JT

Tel: 01704 790001

email: sales@evolutionfires.com