TERMS OF SALE
It is expressly acknowledged and agreed that FireplaceSurplus.com is not a manufacturer of products. Any and all warranties provided for any products sold or distributed by FireplaceSurplus.com shall be limited to those expressly provided by the manufacturer of those products. To the extent permitted by applicable law, FireplaceSurplus.com expressly disclaims any and all other warranties, whether expressed or implied, and whether arising by operation of law, course of dealing, usage, trade or otherwise, and expressly excludes and disclaims any and all implied warranties including, but not limited to, merchantability or fitness for a particular purpose.
Limitation of Liability
FireplaceSurplus.com does not and shall not assume any liability whatsoever for use of, or defects which may be claimed in, any products sold or distributed by FireplaceSurplus.com (the “Products”) on fireplacesurplus.com (the “Site”). With regard to communication with FireplaceSurplus.com technical sales staff, it is agreed and acknowledged that FireplaceSurplus.com technical sales staff is only provided to assist in the identification of the Products. FireplaceSurplus.com technical sales staff does not and shall not assume any responsibility or liability whatsoever relating to the installation or use of any Products. The customer is advised to seek the assistance of a qualified licensed installer to ensure the proper selection and installation of any of the Products and compliance with local codes and ordinances. FireplaceSurplus.com expressly disclaims and shall not be liable for any claims for damage, injury, cost or expense suffered or incurred as a result of or otherwise caused by the installation or use of any of the Products. The customer shall indemnify, defend and hold harmless FireplaceSurplus.com and its employees, officers, directors, owners and agents, from and against any such claims for damage, injury, cost or expense suffered or incurred as a result of, caused by or otherwise related to the installation or use of the any Products purchased by the customer.
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, FireplaceSurplus.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. FireplaceSurplus.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. FireplaceSurplus.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
FireplaceSurplus.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if FireplaceSurplus.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a FireplaceSurplus.com product is mistakenly listed with a typographical or pricing error, FireplaceSurplus.com reserves the right to refuse or cancel such orders placed for product with typographical or pricing errors, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, FireplaceSurplus.com shall issue a credit to your credit card account in the amount that was charged to your credit card for the product with typographical or pricing errors.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by FireplaceSurplus.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination
FireplaceSurplus.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to FireplaceSurplus.com.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a FireplaceSurplus.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
FireplaceSurplus.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, FireplaceSurplus.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, FireplaceSurplus.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to FireplaceSurplus.com in its sole discretion.
You agree to indemnify, defend, and hold harmless FireplaceSurplus.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, FireplaceSurplus.com may link to sites operated by third parties. However, even if the third party is affiliated with FireplaceSurplus.com, FireplaceSurplus.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of FireplaceSurplus.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, FireplaceSurplus.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
For accurate delivery estimates, we provide the time-frame it takes for your order to be filled before the order ships. Please review each item’s stock status and ships-within time on the item page or in your shopping cart.
All orders are processed Monday through Friday. We strive to ship your items as fast as possible, so your order may ship sooner than estimated, and you may receive multiple deliveries. Tracking will be sent to the provided email address.
Most of our products are “Stock Items”. On each item’s page, you will see the “Ships Within” time above the “Add to Cart” button. You will notice that some items are labeled differently. Any time you see these labels next to the “Ships Within” time, that indicates a specialty product.
Below is a breakdown of the various product terms you may see:
- The product will be fabricated to your exact and unique specifications.
- These products are final sale – they are unable to be cancelled or returned once the order is placed.
- Once you place the order, fabrication will begin.
- These products are final sale – they are unable to be cancelled or returned once the order is placed.
- The product is not a stock item, but able to be ordered from the manufacturer. These items generally take longer to fulfill than stock items.
These products are final sale – they are unable to be cancelled or returned once the order is placed.
- This product is currently not available, but it will arrive back in stock soon.
Most ground shipments will be fulfilled through FedEx or UPS and will not require a signature. This is what you can expect once the order ships: Standard:
- Standard: 3-5 business days
- 3-Day: Delivery in 3 days, once the item ships
- 2-Day: Delivery in 2 days, once the item ships
- Next-Day: Delivery the next day
Please Note: This does not include the time it takes to fill the order. Expedited shipments are delivered on weekdays only. Refunds are not eligible for expedited shipping delays due to acts of nature outside of our control.
Ground Shipping Address Changes
Addresses can be updated by contacting us at no additional cost before the order has shipped. Once the order has shipped, we can request an address change for no additional charge, but the shipping carrier cannot guarantee the change.
Items that are too large or delicate to ship by standard ground carrier are required to ship freight. Freight carriers are specially trained to handle oversized and fragile items safely, for better delivery service. Here’s what to expect from the freight shipping process:
- Once your order ships, you will receive a tracking number that has an estimated delivery date to your local freight terminal.
- The carrier will call you at your provided phone number to schedule a delivery appointment within the next 1-2 business days. Only weekday appointments are available. If you are unable to receive the shipment within 1-2 business days of its arrival at the freight terminal, contact us.
- All standard freight shipments are delivered curbside. The driver will bring the item to the curb and is not authorized to move it further. Anything past curbside delivery must be arranged before placing the order.
- Upon delivery, you will need to inspect and sign for the shipment. Prior to signing, the order must be opened and inspected in the presence of the delivery driver, any visible damage to the shipment and products, along with any missing items, must be noted on the delivery receipt. FireplaceSurplus needs to be notified of product damage and missing parts within one business day of receiving your shipment.
Curbside Freight Address Changes
Addresses can be updated by contacting us at no additional cost before the order has shipped. Once the order has shipped, the freight carrier will charge an additional fee to update the delivery address.
We pay most shipping costs for delivery to our customers. Here is a breakdown of what you can expect:
- Orders over $99 ship FREE!
- Orders under $99 ship with a flat rate of $9.99
- For international shipments, including deliveries to Alaska, Hawaii, or any U.S. territories outside of the Contiguous U.S., you will receive a shipping quote through email within 1-2 business days of placing your order. This includes any shipment that requires a ferry or boat for delivery. The order will not be processed until you have approved and paid for the shipping cost.
- The customer is responsible for shipping both ways on orders returned that are marked undeliverable by the shipping carrier.
- Any delivery past standard curbside delivery is subject to availability and costs paid by the customer.
Please Note: Shipping is not available to P.O. Boxes or Military APOs.
Most UNUSED and UNOPENED items can be returned within 3 days of delivery. All shipping costs (inbound and outbound) are deducted from the refund.
- Once an order has been shipped from our warehouse, and the client wishes to cancel, the return process will be initiated. If a customer decides to cancel an order after it has been dispatched, they must follow our designated return procedures.
- Submit your request within 3 days of delivery.
- Items must be returned in their original unopened packaging.
- A 20% Restocking fee will be deducted from refund.
- You will receive an email confirming that the return request has been accepted or denied. From this day you have 7 days to ship this unit out.
- An itemized Return Authorization, return shipping labels, and detailed instructions will be emailed to you.
- Upon receiving and inspecting that the return is in brand new resalable condition, your refund will be issued within one week.
- All shipping costs will be deducted from the refund.
- Any items returned outside of this process or period are not eligible for a refund.
Items that are not eligible for return include:
- Special order items
- Clearance items
- Custom made and made-to-order products
- Items marked “non-returnable” in the item description
- Used items, or items that have been installed or assembled
- Items not in their original packaging.
- Bundled kits sold at a discounted rate – the entire kit must be returned
- Your refund will be processed back to the original form of payment. Most banks process refunds within 3-5 business days.
- A check will be mailed for any bank wire or check transactions. Refund checks are valid for 90 days from the date they are issued.
- If the product you’ve returned is ineligible for a refund, we will notify you as soon as possible
Once an order has been submitted, we cannot guarantee any cancellations. All orders are processed, packed, and shipped as quickly as possible for you. If you miss the cancellation period for your order, please let us know as soon as possible, and we can help you do a return or exchange.
Most items are eligible for cancellation; however, some items are fabricated specially for you and cannot be canceled once the materials are ordered, and fabrication begins. All sales are final for the following:
- Custom made products
- Made-to-order products
If you want to exchange your product for something similar, or a different product altogether, we can help you out! We offer two options – Standard Exchange and Expedited Exchange. Please note, all of our standard return policies apply.
Standard Exchange: Once you return the product you wish to exchange, we will apply the credit to your new order and begin processing it at that time.
Expedited Exchange: If you need the product shipped out before your return is received, we simply ask for a credit card to be placed on file and the return sent back within 7 days to avoid any additional charges.
In the unlikely event your product experiences a defect, our technical team will guide you through the manufacturer’s warranty process. Here is a general outline of what to expect:
Due to the technical nature of our products, troubleshooting is required by the manufacturer to process a warranty claim. Your installer will need to troubleshoot and diagnose the problem on-site while working in tandem with our technical team. If troubleshooting leads to what we deem as a defective part, we will submit a warranty claim to the manufacturer on your behalf. Before we submit the claim, we will ask you to review the terms to proceed.
Once the claim is submitted, the manufacturer will review and approve or deny the claim. If they have all the information and accept the claim, your warranty replacement part(s) will begin processing for shipment. If for any reason, the claim is denied, or we need more information, we will notify you as soon as possible.
All warranties are processed as exchanges. You can expect to receive a pre-paid return label for the defective part(s), which will need to be returned within 30 days of receiving the warranty replacement(s).
Warranty claims can take anywhere from 1-4 weeks to process, depending on the season. Due to the length of time claims can extend, we recommend that you fire up your unit in the late summer/early fall to ensure it’s in good working condition for the winter season.
We strive for excellence and stands by the products we sell! In the unlikely event that you receive a defective product, our technical team will guide you through the manufacturer’s warranty process.
Depending upon the manufacturer’s warranty procedure, part(s) will be sent to you to replace the faulty component, or you’ll return the part(s) to the manufacturer for repair. Once the product has been open, installed or used, it is no longer returnable, and the warranty process begins. We will facilitate the warranty request on your behalf to the manufacturer. The manufacturer will review the claim, and we will let you know if it has been accepted or rejected. Some manufacturers require defective parts to be returned for quality control purposes.
We are not responsible for reimbursement of any labor costs or project delays that may occur due to the receipt of defective goods. We always recommend that you wait to schedule installation until after your order has arrived and been inspected.
If your item has a defect outside of the warranty period, we will not be able to facilitate a claim to the manufacturer. We can continue to supply any replacement parts or replacement units, as needed. Please contact us for pricing. Please note, this may not be eligible for discontinued items.
We strive to ensure your order delivers in excellent condition; however, there are rare occasions when items do sustain damage during transit. We assume responsibility for any item(s) damaged in shipping that are reported within the claim time listed below.
Freight/Signature Required Deliveries:
- By signing for the delivery without noting any damage or missing items on the delivery receipt, you are accepting that your full order has arrived in excellent condition.
- The order must be opened and inspected in the presence of the delivery driver.
- Any damage or missing pieces must be noted on the delivery receipt.
- Do not discard the damaged item(s) or the original packaging.
- For any type of damage, please note on the delivery receipt: “Refused due to damage” and contact us immediately.
- Contact us to report the damage within ONE business day and include delivery details, along with photos illustrating the damage.
- Any damaged item(s) are required to be returned within 7 days. If not returned in this period, the original payment method will be charged.
FireplaceSurplus is not responsible for reimbursement of any labor costs or project delays that may occur due to the receipt of damaged goods. We always recommend that you wait to schedule installation until after your order has arrived and has been carefully inspected.