Terms and Conditions

1. GENERAL
   •                  All Order Placements and Accepted Orders regarding Products are subject to these Standard Terms and Conditions, unless specifically varied by mutual written agreement.
   •                  Any conditions stipulated in the Order shall not annul, modify, or vary any of these Standard Terms and Conditions or be additional thereto unless expressly agreed to in writing between        

2. DEFINITIONS
   •                  In these Standard Terms and Conditions, the words defined shall have the meanings assigned to them hereunder:                                      
     • “Order Acceptance” means transmittal of our written approval of said Order Placement, unless otherwise directed by us from time to time and “Accepted Order” shall have a corresponding meaning.
     • “Agreement” means collectively, the Order and these Standard Terms and Conditions.
     • “day” means a business day and, for the purposes of the calculation of any time period provided for in this Agreement, will include everyday other than a Saturday, Sunday or official public holiday in the UK.
     • “Delivery address” means the address specified in the Order, at which the Purchaser agrees to accept delivery of the Products, unless otherwise agreed to between the Parties in writing.                                                                  
     • “Incoterms” means the international sales terms published by the International Chamber of Commerce.
     • “International transaction” means purchases made by a Purchaser resident and/or registered outside of the UK.
     • “Local transactions” means purchases made by a Purchaser resident and/or registered in the UK.
     • “Order” means an Order Placement and/or corresponding Accepted Order, as the context may require.
     • “Order Placement” means an order, including an online order, for Product(s) placed by you.
     • “Parties” means us and you collectively and “Party” shall mean either one as the context may require;
     • “Products” means firewood, blitz, charcoal, firelighters and/or related products which are stocked, imported or locally sourced, sold and/or supplied by us to you.
     • “UK” means the United Kingdom; and
     • “sale” means the sale transaction effected pursuant to the Agreement.
   • The definitions used in the Order shall, where used in these Standard Terms and Conditions in their capitalised form, bear a similar or corresponding meaning.

3. PRICE ESTIMATES AND QUOTATIONS
   •                  The Products that we will provide to you will be described in the Order and are subject to change.
   •                  Our prices and specific remarks, unless otherwise stated EXCLUDE: freight, insurance, taxes (including UK tax such as VAT), importing charges, return postage/carriage, demurrage, and customs duties (if applicable). If excessive delays in delivery are encountered by reason of your delay(s), then any fluctuation between the price at date of Order and the time or times of actual delivery, shall be for your account.
   •  Promotions only apply in the period stated for the promotion.
   •  Any advice given by us in respect of Products, or similar respect, is given free of charge, and we do not guarantee the correctness or accuracy thereof.

4. PLACEMENTS, ACCEPTANCE AND PURCHASE ORDERS
   •                  All Products are subject to availability.
   •                  Any Products, pricing and/or information displayed online should not be regarded as an offer, invitation, solicitation, advice, or recommendation to purchase any Product(s) from us.
   •                  When processing an Order, the information you provided will be subject to credit and fraud prevention checks.
   •                  Upon Order Placement Acceptance, a valid and legally binding contract is entered into between the Parties, and your obligation to purchase the Product(s) set forth in the Order is non-cancellable and any payment therefor is non- refundable, except as otherwise expressly set forth herein.
   • The Agreement shall apply to all purchases of Products from us except and to the extent that the Products are to be provided to you pursuant to a separate agreement between the Parties (e.g., non-online purchases), in which case the terms of such separate agreement, shall in so far as same contradict this Agreement, govern said transaction, and to the extent that there is no contradiction, these Standard Terms and Conditions shall apply.
   •                  When processing an Accepted Order, the information provided will be subject to credit and fraud prevention checks and your personal data and details are safe guarded through our system in accordance with our security policy, which you can read in our Privacy Policy. 

5. ALTERATION, AMENDMENT OR CANCELLATION OF ORDERS
   •                  Alteration, amendment, or cancellation of an Accepted Order by you, other than an online, phone or mail order, prior to or after delivery of Products will be in terms of your rights (if any) as a consumer and accepted at our sole discretion and may be subject to a cancellation fee, as imposed by us in our sole discretion.
   • Alteration, amendment or cancellation of an online, phone or mail Accepted Order by you, will be accepted if you have informed us within 14 calendar days of you receiving the Products that you want to cancel (and in such instance you have no more than 14 calendar days to return the Products once you have told us), thereafter by us in our sole discretion.
   •                  Please note if for any reason you wish to alter, amend, or cancel per the above, a £50 (flat fee) administration fee will be charged. This will be wavered in circumstances such as poor product or wrong product. Each case will be looked at before a decision is made; this does not include any delays in delivery.
   • Terms:
     • To be able to return the Products, same must be unused and in a saleable condition. The Products must be in the original and undamaged packaging that has not been opened in any way.
     • To process your alteration, amendment, or cancellation/return, please contact us at our email: info@doorstepfirewood.co.uk, to request a return number. No refunds will be made unless a return number has been issued. Alterations, amendments, or cancellation are not accepted by telephone.
     • Return postage is your responsibility as we do not refund postage.
     • Send your return in suitable packaging to 1 Chimney Avenue, Maidstone, Kent, ME141GY, United Kingdom.
   • If the reason for your return is not because of our error, delivery and/or shipping costs, incurred by us may be deducted from your refund at our sole and absolute discretion. Please note: if you return Products and did not originally pay delivery and/or shipping costs, said cost(s) incurred by us will likewise be deducted from your refund at our sole and absolute discretion.

6. DELIVERY
   • We shall reasonably endeavour to deliver the Order to you within 3 (three) to 5 (five) days.
   •                  Delivery dates as per the Order are indicative only.
   •  Availability of Products is always subject to stock. Furthermore, supply time depends on Order size, workload, weather conditions and other unforeseen delays and complexity.
   •  We shall notify you when the Products are ready for Delivery and inform you of the delivery date (“Delivery Date”).
   •  A delivery note signed by you (or someone else on your behalf), will constitute prima facie proof that the Products specified therein or in the corresponding Order have been delivered to and received, in sufficient quantity and in satisfactory condition, by you.
   •                  If you ( or someone else on your behalf) fail, neglect and/or refuse to accept delivery of the Products within 5 (five) days of the Delivery Date, we will charge a storage fee from the 6^th (sixth) day until the date delivery is accepted. In the event of your failure and/or refusal and/or neglection to accept delivery of the Products within 30 (thirty) days of the Delivery Date, in addition to any other rights we may have in terms hereof (e.g., storage costs, breach), you agree that we can, at our sole discretion and without notice, penalty or liability, retain all amounts paid by you in respect of the Order as a penalty.
   •                  Notwithstanding anything to the contrary:
     • Delivery fees are calculated at time of Order.
     • Should we, or our agent be unable to gain access to the delivery address, or there be no-one at the delivery address to accept delivery, a reasonable re-delivery fee equal to the additional delivery and/or shipping costs incurred by us, will be charged to you and is payable before we re-attempt the delivery.
     • Main land UK delivery only.
     • Delivery does not include on-loading, off-loading, stacking, opening packaging, breaking open plastic bags and stacking of loose Products, off-loading or stacking upstairs, or off-loading or stacking over very difficult to pass terrain (rocks, mountains, extremely steep slopes etc.), although we will do our best to accommodate your request. Should delivery entail the aforesaid, you are required to notify us in writing no later than 24 hours from time of Accepted Order and we reserve the right to charge an additional and reasonable fee at our sole discretion.
     • Time will not be of the essence of any sale. We will endeavour to meet the Delivery Date; however, said dates are to be treated as estimates only. Under no circumstances may you withdraw from or terminate any sale/Order on account of any “delay” in delivery or have any claim of any nature whatsoever against us arising from “late” delivery.
     • We shall not under any circumstances whatsoever be liable for any damages of any nature whatsoever (including, without, limitation, any indirect, consequential or special damages or loss of profit) which you may suffer as a result of any delay in the delivery of the Products ordered.

7. PRODUCTS
   •                  You are made fully made aware of conditions of sale regarding wood and other natural products. We cannot guarantee that the appearance and/or colour of Products shown on our website exactly reproduce the appearance and/or colours of the physical Products themselves. Natural products may show some colour, shape and size variations. Products may contain debris such as bark, dust and other material amassed during the production process. Sizes are guidelines, due to the nature of forestry procedures you can expect a size tolerance of 10%. All sizes quoted are approximate.
   •                  Some of our Products have different weights and are different sizes. Most of our firewood bags weigh between 6 – 25kgs. Weights vary depending on inter alia, moisture content and how the Products are packed.
   •                  The weights indicated on our website are an estimate. Unfortunately, an accurate weight can’t be given because it is not feasible for us to weigh each Product. By ordering from us you agree that you are ordering by size and not by weight.
   •              Sizes are guidelines, due to the nature of forestry procedures you can expect a size tolerance of 10%. All sizes quoted are approximate.

8. OWNERSHIP AND RISK

The risk and responsibility for all Products sold, shall:

•                  in respect of local transactions, be deemed to pass to you upon us parting with possession to you, that is, upon your collection the Products, i.e., upon departure from our depot/premises, and the Products shall thereafter be at your sole risk and expense; and
•                  in respect of international transactions, be in accordance with the specific Incoterm detailed under separate agreement.

9. Applicability of CPA

With respect to any Order to which the provisions of consumer and/or other applicable laws, any provisions of the Agreement which contravene the aforesaid laws are excluded, strictly to the extent of the contravention.

10. QUALITY OF THE PRODUCTS
    • You must inspect the Products and notify us of any defects that it would be reasonable for you (or your agents) to ascertain. You must give this notice in writing within 2 days after the first date that you could reasonably ascertain the defect, which in the absence of evidence to contrary, is no longer than 30 calendar days after the date of delivery, and provide evidence of such damage/defect and the quantities relating thereto by supplying certification, photographic and/or physical evidence thereof.
    •                  If you fail to notify us of any defects in the Products within the time limit required under clause 1 above, then, it will be taken that you have accepted that the Products is/are defect free and accepted “as is” by you and that they comply with:
      • the Product specifications, fit for purpose, of satisfactory quality and as described;
      • other requirements under this Agreement; and
      • all applicable laws.

In this case, and subject to consumer laws, we may refuse to provide an exchange, credit or refund for any defects or shortfalls in the Products.

•                  Where you have notified us of any defects in the Products within the time limit required under clause 1, we will exchange free of charge or refund you as soon as reasonably possible, where we are responsible for said defects in the Products supplied after taking the Products in for an ‘in-house’ inspection.
•                  We are taken to be responsible for any defects in the Products if we notify you in writing that we accept responsibility.

11. WARRANTIES, REPRESENTATIONS AND EXCLUSIONS OF LIABILITY
    •                  We shall not be liable for any warranty, guarantee, condition, representation, or agreement not expressly contained in this Agreement.
    •  Performance data mentioned in the Order or on our website is only indicative and only those figures which are specifically stated in writing as guaranteed are warranted.
    •                  Whilst we try to ensure that prices displayed online are accurate, we are not responsible for any errors that may occur. If we discover an error in the pricing or description of Products before we accept an Order, we will notify you as soon as possible and give you the option to re-submit an Order at the correct price or cancel said Order.
    •                  Save as otherwise specifically provided herein, we shall not be liable to you or to any other person for any indirect or consequential losses or damages of any nature whatsoever or any loss of profit or special damages of any nature whatsoever, including in relation to the Products that may result from failure, fault or lateness in Delivery past the Delivery Date or performance or from negligence, industrial dispute, accident, breakdown of equipment, the use of any Products purchased via this website, or from the transaction itself, or any other cause whatsoever, whether in the contemplation of the Parties or not, which may be suffered as a result of any breach by us of any of our obligations under this Agreement or out of any other cause whatsoever. You hereby indemnify us against any claim made against us by any other person in respect of any matter for which our liability is excluded in terms of the foregoing. Notwithstanding, in the event that we are found to be negligent by a court of law, any injury, damage or loss arising directly from said negligence of us or any of our agents will be limited to a refund of the value of the Products purchased, together with any delivery charges paid.
    •                  Once we have off-loaded the Products, you assume responsibility for its safe storage. We do not accept any responsibility at all, including should Product fall over and damage your and/or another person’s property or person.
    •                  We do not accept responsibility for any accidental damage to your, your visitor’s and/or other person’s (that you allow onto your property/delivery site), vehicles or property due to offloading or having to pass through your property/delivery site, including with a delivery vehicle.
    •                  You shall ensure that all valuables, furniture, ornaments, breakables, or any other goods in the vicinity of off-loading and/or stacking site, are moved, covered, or protected by you prior to our arrival at your premises. We shall not be held liable for any losses or damages caused to any such items.

12. Acts of God

We shall not be liable to you, or any other party, for any inability to perform (in full or in part) and/or any delay in performing in terms of this Agreement should such inability or delay arise, directly or indirectly, from any cause beyond our reasonable control, which causes will include (without limitation) strikes, lockouts, labour disputes, work stoppages, breakdown of equipment and/or machinery, fire, explosion, theft, delays in supplier transport carriage, failure or delay on the part of our suppliers and/or contractors, acts of war or terrorism (whether declared or not), civil or military disturbances, invasion, acts of foreign enemies, hostilities, riots, flood, earthquake, lightning, martial law, nuclear or natural catastrophes, pandemics or acts of God or acts of authorities including but not limited to regulations and orders of government, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that we shall use reasonable efforts which are consistent with accepted practices in its industry to resume performance as soon as practicable under the circumstances.

13. DOMICILIUM

You choose the physical and email address set out in the Order as your domicilium citandi et executandi at which all notices, legal processes and other communications must be delivered for the purposes of this Agreement.

14. Legal proceedings
    •                  The law governing the Agreement, including without limitation, its interpretation, validity, existence or termination for any reason and all disputes out of this Agreement, is the law of the United Kingdom.
    •                  All costs, charges and expenses of any nature whatever that may be incurred by us in enforcing our rights in terms of this Agreement, including (without limitation) legal costs on the scale of attorney and own client, collection commission and counsel’s fees as per brief, irrespective of whether any proceedings have been instituted or not, will be recoverable from you and be payable on demand.
    •                  A certificate issued under the hand of any of our directors or managers (whose appointment need not be proved) as to the existence and the amount of the your indebtedness to us at any time, as to the fact that such amount is due and payable, the amount of the interest accrued thereon and as to any other fact or matter relating to your indebtedness to us, will be prima facie proof of the contents and the correctness thereof for the purposes of provisional sentence, summary judgment or any other proceedings of whatsoever nature against you in any competent court and will be valid as a liquid document for such purpose.

15. PAYMENT
    • Because we use Stripe for all online purchasing, your financial details are never actually shared with us. All transactions take place on the Stripe website, which in turn means that your sensitive information is kept private and you are more protected against fraud. While all reasonable care is taken to protect the confidentiality of your card details, we cannot be liable if, through no fault of our own, these details are intercepted and used by third parties.
    •                  If payment is made by any of the following: MasterCard, Maestro, Visa, Visa Electron, American Express, Solo and Direct Debit, the transaction will be handled by Stripe’s web pages. On completion of your purchase, you will be returned to our website safe in the knowledge that your payment is being handled by Stripe.

16. GENERAL
    •                  No Party shall have any claim or right of action arising from any undertaking, representation or warranty not included in this Agreement.
    •                  No failure by any Party to enforce any provision of this Agreement, including any relation or indulgence which we may grant to you, shall constitute a waiver of such provision or affect in any way that Party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.
    •                  No agreement to vary, add to or cancel this Agreement shall be of any force or effect unless reduced to writing and signed by or on behalf of us.
    •                  It is agreed that each clause of this Agreement is severable, the one from the other, and if any clause is found to be defective or unenforceable for any reason by any competent court, then the remaining clauses shall continue to be of full force and effect.
    •                  Each Party warrants that it is acting as a principal and not as an agent for an undisclosed principal.
    •                  This Agreement shall be binding on and enforceable by and against the estates, successors-in-title, any permitted assign, heirs, executors, administrators, trustees, assigns, liquidators, curators, business rescue practitioners or other legal representatives, as the case may be, of the Parties.
    •                  We may, at any time, and without notice to you, cede any right, title or interest conferred upon, or delegate any obligation assumed by, it in terms of this Agreement. You, however, cannot do so without first obtaining our consent.
    •                  No agent or employee of ours, other than a director or a duly authorized representative, has the authority to alter or vary this Agreement.