Terms of Online Sale

BACKGROUND:

These Terms & Conditions, together with any and all other documents referred to herein, set out the terms under which firewood is sold by us to you, the consumer, through this website, https://berkhamstedlogs.co.uk/ (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any firewood from Our Site. You will be required to read and accept these Terms of Sale when ordering firewood. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order firewood through Our Site.

1. Definitions and Interpretation

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of firewood, as explained in Clause 8;
“Firewood” means the firewood sold by Us through Our Site;
“Order” means your order;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means Berkhamsted Logs, a company whose main trading address is Cross Keys Farm, Main Road, Dagnall, HP4 1QX.

2. Access to and Use of Our Site

2.1 Access to Our Site is free of charge.
2.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
2.4 Use of Our Site is subject to our Privacy Policy.

3. Age Restrictions

3.1 Consumers may only purchase firewood through Our Site if they are at least 18 years of age.

4. International Customers

Please note that on Our Site we only sell to customers in England, and specifically within a 30 mile radius of HP4 1QX. We do not accept orders from, or deliver to, customers outside this radius area, unless specifically agreed in writing before a sale is agreed.

5. Firewood, Pricing and Availability

5.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of firewood available from us correspond to the actual firewood. Please note, however, the following:

• 5.1.1 Images of firewood are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
• 5.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of firewood may vary; and
• 5.1.3 Due to the nature of the firewood sold through Our Site, there may be variance in the colour, size, dimensions and measurements between the actual firewood and the description.
• 5.1.4 Our product line consists of a variety of firewood including hardwoods such as alder, maple, birch, cherry, elm, mixed oak, ash and silver birch. Proportions may vary.
• 5.1.5 Whilst we season our logs, some whitish grey marks of mould may be present on the wood. This is not the evidence of any live mould but merely markings on the wood.
• 5.1.6 Occasionally there is some sparking and spitting within the wood during burning. Additionally, as with all dense hardwoods, initially fire may be hard to start.
• 5.1.7 Firewood by its very nature is an imprecise product. We do everything we can to ensure our product meets and exceeds the above specification, nevertheless a tolerance of 4 – 5% should be applied to all of the specifications indicated in all our marketing literature.

5.2 Please note that sub-Clause 5.1 does not exclude our responsibility for mistakes due to negligence on our part and refers only to minor variations of the correct firewood, not to different firewood altogether.

5.3 We cannot guarantee that all types of firewood will always be available. Stock indications are provided on Our Site; however, such indications may not always be accurate as orders are being taken continuously.

5.4 Minor changes may, from time to time, be made to firewood we stock, between the time your Order is placed and us processing that Order and dispatching the firewood. However, if any change is made that would affect your use of the firewood, suitable information will be communicated to you.

5.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed.

5.6 In the unlikely event that we have shown incorrect pricing information, we will contact you to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the firewood at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If we do not receive a response from you within 3 business days, We will treat your Order as cancelled and notify you of this in writing.

5.7 In the event that the price of firewood you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

5.8 Delivery options and related charges will be presented to you as part of the order process.

6. Orders – How Contracts Are Formed

6.1 If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible. If we are unable to process your Order due to incorrect or incomplete information, we will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of our request, we will cancel your Order and treat the Contract as being at an end. If we incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.

6.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending you an Order Confirmation by email. Only once we have sent you an Order Confirmation will there be a legally binding Contract between us and you.

6.3 In the unlikely event that we do not accept or cannot fulfil your Order for any reason, we will explain why in writing or over the phone. If we have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 business days.

6.4 Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the firewood.

7. Payment

7.1 Payment for firewood and related delivery charges must always be made in advance and you will be prompted to pay during the order process.

8. Delivery, Risk and Ownership

8.1 All firewood purchased through Our Site will normally be delivered as indicated by the date stipulated in communication with you after you have received your Order Confirmation, unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of our control, for which see Clause 12).

8.2 The contract between Berkhamsted Logs and the customer will be deemed to be fulfilled on delivery of your order in good condition. Where the order is not delivered in good condition, the contract between Berkhamsted Logs and the customer will be deemed to be fulfilled, upon receipt by the customer, of any refund due to them, as a function of the customer having notified Berkhamsted Logs of any damage to the order, in accordance with these Terms and Conditions.

8.3 The goods will be considered to be delivered in a fit state where you, the customer, have received safe delivery of the order.

8.4 Where the customer has waived their right to inspect the state of goods by requesting delivery without a signature, the contract will be deemed complete, regardless of the actual state of goods. Delivery will be deemed to have been made at the time stated in communication with you.

8.5 All firewood deliveries are delivered to either the kerb-side, your driveway, or a location of your choice, where access is possible using our delivery vehicle(s). While we will normally go to great lengths to ensure that your delivery is placed where you require it, the contract between yourself and Berkhamsted Logs includes delivery to a vehicle accessible location only. Please ensure that you have the means to move the firewood and/or other goods from delivery location to a suitable storage location.

8.6 Berkhamsted Logs is unable to accept and fulfil any specific delivery date requested in the delivery comment notes. Where a customer requests delivery on a specific day in the delivery notes we will pass this request on to our delivery team, but the order will still be delivered as per our standard terms for that delivery service. Where a delivery is made contrary to the request in the delivery notes with respect to a specified day of delivery, Berkhamsted Logs will entertain no liability for failing to comply with that request.

8.7 It is your sole responsibility to ensure that there is suitable access to the delivery location. Where a delivery is attempted but is unable to be completed due to a lack of access that you could have reasonably been expected to anticipate, we will charge a re-delivery fee of at least £2o + surcharges if applicable per cubic metre of logs / 10 bags of logs or kindling.

8.8 Berkhamsted Logs disclaims all liability from any damage and or death to any property and or person that may occur during the delivery process.

8.9 Ownership of the firewood passes to you once we have successfully delivered your goods.

8.10 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering your goods.

9. Faulty, Damaged or Incorrect Firewood

9.1 By law, we must provide firewood that is of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples that you have seen or examined (unless we have made you aware of any differences). If any firewood you purchased does not comply, please contact us by email at berkhamstedlogs@hotmail.co.uk as soon as reasonably possible to inform us of the fault, damage or error. Your available remedies will be as follows:

• 9.1.1 Beginning on the day that you receive the firewood (and ownership of them) you have a 5 calendar day right to reject the firewood and to receive a full refund if it does not conform as stated above.
• 9.1.2 In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you the alternative or a partial refund.

9.2 Please note that you will not be eligible to claim under this Clause 9 if we informed you of the fault(s), damage or other problems with the firewood before we delivered them (and it is because of the same issue that you now wish to return them), or if the problem is the result of normal wear and tear, goods altered by the weather, or misuse, intentional or careless damage. Please also note that you may not return firewood to us under this Clause 9 merely because you have changed your mind.

9.3 Refunds (whether full or partial, including reductions in price) under this Clause 9 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund.

9.4 Refunds under this Clause 9 will be made using the same payment method that you used when ordering the firewood.

9.5 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

10. Cancelling and Returning Firewood If You Change Your Mind

10.1 If you are a consumer in the UK, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and we have sent you your Order Confirmation, i.e. when the Contract between you and us is formed. Whilst this is usually a 14 day period, we may commence delivery of your goods within this period. As such, you may also cancel for any reason 48 hours before we commence the delivery of your logs, firewood and/or other goods.

10.2 You do not need to give any reason for cancelling your contract nor will you have to pay a penalty.

10.3 To cancel your contract, you must contact us in writing by sending an email to berkhamstedlogs@hotmail.co.uk

10.4 If you cancel your contract with us after your goods have been delivered, you are responsible for returning the goods and covering any expenses incurred in doing so. If you require us to come and collect your goods, you will be charged a £45 collection fee for each cubic metre of logs / 10 x bags of logs/kindling, which will be a true representation of our losses organising delivery and collection. You will then receive a full refund within 30 days of cancelling your order.

10.5 If you wish to return the goods because they are faulty, and we agree they are faulty, you will receive a full refund within 30 days of returning your order, and you will not be charged a restocking fee. You need to provide reasonable evidence that you received goods which are of unsatisfactory quality, unfit for purpose or not as described, except for those reasons stated in Clause 9.2. Acceptable evidence with the photographs should be sent in email to berkhamstedlogs@hotmail.co.uk

10.6 We may ask you why you have chosen to cancel and may use any answers you provide to improve our firewood and services, however please note that you are under no obligation to provide any details if you do not wish to.

10.7 Please ensure that you return firewood to us no more than 14 calendar days after the day on which you have informed us that you wish to cancel under this Clause 10.

10.8 Refunds under this Clause 10 will be issued to you within 14 calendar days of the following:

• 10.8.1 The day on which we receive the firewood back; or
• 10.8.2 The day on which you inform us (supplying evidence) that you have sent the firewood back (if this is earlier than the day under sub-Clause 10.8.1); or
• 10.8.3 If We are collecting the firewood under sub-Clause 10.4, the day on which you inform us that you wish to cancel the Contract; or
• 10.8.4 If We have not yet dispatched the firewood, the day on which you inform us that you wish to cancel the Contract.

10.10 Refunds under this Clause 10 will be made using the same payment method that you used when ordering the firewood.

11. Our Liability to Consumers

11.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms of Sale (or the Contract) or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

11.2 We make no warranty or representation that the firewood is fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

11.3 Nothing in these Terms of Sale seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

11.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

12. Events Outside of Our Control (Force Majeure)

12.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, severe weather, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond our reasonable control.

12.2 If the event outside of our control continues for more than 30 business days we will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 business days of the date on which the Contract is cancelled.

13. Communication and Contact Details

13.1 If you wish to contact us with general questions or complaints, you may contact us by email at berkhamstedlogs@hotmail.co.uk.

14. Other Important Terms

14.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

14.2 You may not transfer (assign) your other obligations and rights under these Terms of Sale (and under the Contract, as applicable) without our express written permission.

14.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

14.4 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.

15. Law and Jurisdiction

15.1 These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.