TERMS & CONDITIONS
Application of Conditions
The Seller shall sell and the Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
In these Conditions:-
‘Business Day’ means any day other than a Saturday, Sunday or bank holiday in the United Kingdom; and
‘the Buyer’ means the person who accepts a quotation or offer of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller;
‘the Contract’ means the contract for the purchase and sale of the Goods under these conditions;
‘these means the standard terms and conditions of sale set out in Conditions’ this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller;
‘the Delivery means the date on which the Goods are to be delivered as Date’ stipulated by the Seller;
‘the Goods’ means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions;
‘month’ means a calendar month;
‘the Seller’ means Southwest Firewood, a partnership registered in Scotland.
‘writing’ includes any communications effected by telex, facsimile transmission or any comparable means.
Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
Basis of Sale
The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.
Sales literature, price lists and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance. An order placed by the Buyer may not be withdrawn cancelled or altered prior to acceptance by the Seller and no contract for the sale of the Goods shall be binding on the Seller unless the Seller has issued a quotation which is expressed to be an offer to sell the goods or has accepted an order placed by the Buyer by whichever is the earlier of:-
(a) the Seller’s written acceptance;
(b) delivery of the Goods; or
(c) the Seller’s invoice.
Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
Orders and Specifications
Southwest Firewood reserves the right to refuse any order or part order or to ask for further information in order to process an order. As the customer you have the right to cancel any order under Distance Selling Regulations. Cancel within fourteen days of your receipt of the goods. Once you have notified us that you wish to cancel the contract, return your goods, undamaged. Any sum debited to us will be refunded in full within fourteen days. Goods returned in a damaged condition may result in a reduction in your refund amount. It is your responsibility to return the goods back to us within fourteen days of the date of your cancellation. If you are in possession of the goods you are under duty to retain them and take reasonable care of them before returning them to us. Once we receive the returned goods you will receive a full refund including standard delivery charges, unless the goods are returned to us in damaged condition. If you are unable or unwilling to arrange return of the goods, we can arrange collection of the goods. This will be charged to you at an amount not exceeding our direct costs.. It is your responsibility to inform us if you require this.
No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller’s authorised representative.
The specification for the Goods shall be those set out in the Seller’s sales documentation unless varied expressly in the Buyer’s order (if accepted by the Seller). The Goods will only be supplied in the minimum units (or multiples) stated in the Seller’s price list or in multiples of the sales outer as specified. Orders received for quantities other than these will be adjusted accordingly, illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by the Seller are intended as a guide only and shall not be binding on the Seller.
The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller on the terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
If you have any complaint about our service or products please contact us as soon as possible by telephone or email: (01387 860 392 or firstname.lastname@example.org). We will make every effort to resolve any problems you may have in a fair and equitable manner. Our complaints procedure is explained in our Woodsure/Ready to Burn scheme quality manual. Your statutory rights are not affected by any statements made within these terms and conditions
Price of Goods
The price of the Goods shall be the price listed in the Seller’s published price list current at the date of acceptance of the Buyer’s order or such other price as may be agreed in writing by the Seller and the Buyer.
Where the Seller has quoted a price for the Goods other than in accordance with the Seller’s published price list the price quoted shall be valid for 30 days only or such lesser time as the Seller may specify.
The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
Any settlement discount specified by the Seller in the Contract will be allowed by the Seller to the Buyer in respect of Goods for which payment is received by the Seller on or before the due date and otherwise in accordance with the payment terms set out in these Conditions and provided that no other amounts owing by the Buyer to the Seller are overdue and unpaid.
Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in writing between the Buyer and the Seller, all prices are exclusive of the Seller’s charges for packaging and transport to the location in the United Kingdom specified in the Buyer’s order.
Terms of Payment
Where the Buyer has ordered the goods directly via the Sellers web-site, payment shall be due in full (by credit or charge card), at the time of ordering, and the Seller reserves the right not to dispatch the goods until such time as the validity of such credit/charge card transaction has been confirmed by the appropriate credit card service provider.
The Buyer shall pay the price of the Goods (less any discount or credit allowed by the Seller, but without any other deduction credit or set off) within 30 days of the date of the Seller’s invoice or otherwise in accordance with such credit term as may have been agreed in writing between the Buyer and the Seller in respect of the Contract. Payment shall be made on the due date notwithstanding that delivery may not have taken place and/or that the property in the Goods has not passed to the Buyer. The time of the payment of the price shall be of the essence of the Contract.
All payments shall be made to the Seller in Pounds Sterling at its office as indicated on the form of acceptance or invoice issued by the Seller.
The Seller is not obliged to accept orders from any customer or buyer who has not supplied the Seller with references satisfactory to the Seller; if at any time the Seller is not satisfied as to the creditworthiness of the Buyer it may give notice in writing to the Buyer that no further credit will be allowed to the Buyer in which event no further goods will be delivered to the Buyer other than against cash payment and all amounts owing by the Buyer to the Seller shall be immediately payable in cash.
Orders may be placed directly through our website or over the telephone. An order process is complete when we send you an email confirming that your order has been received and accepted. For telephone orders, the order is complete when we have processed your payment.
You will quickly and easily be able to see the final price of your purchase prior to paying by going into ‘your basket’ and completing your delivery preferences.
• All displayed prices include vat where applicable.
• Your final price will include delivery.
• Payments should be in pounds sterling, £.
• Payments are processed through PayPal & Stripe’s secure servers as our chosen third party payment gateways.
• After placing an order the customer will receive an email confirming the content of the order, the price paid and the delivery specified.
• If you notice any mistake in the order please notify us immediately by email or telephone.
Delivery of the Goods shall be made by the Seller delivering the Goods to the place in the United Kingdom specified in the Buyer’s order and/or the Seller’s acceptance as the location to which the Goods are to be delivered by the Seller or, if no place of delivery is so specified, by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection.
The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the Delivery Date upon giving reasonable notice to the Buyer.
Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
If the Buyer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Seller shall be entitled upon given written notice to the Buyer to store or arrange for the storage of the Goods and then notwithstanding the risk in the Goods shall pass to the Buyer, delivery shall be deemed to have taken place and the Buyer shall pay to the Seller all costs and expenses including storage and insurance charges arising from such failure.
Delivery will be carried out by Southwest Firewood. Delivery times may vary depending on the level or orders. If you wish to establish delivery lead times prior to ordering please contact Southwest Firewood by phone or by email through our contacts page. It is preferable for customers to be in to receive their orders and ensure correct delivery location and acceptance of products however If orders are pre-paid Southwest Firewood will deliver to an unattended address in this case the customer accepts that if goods are delivered in the wrong location on the property Southwest Firewood does not accept responsibility and will not return to move products once delivered. Southwest Firewood delivery product on an open top vehicle and will endeavour to delivery on dry days to maintain top product quality however should the customer request delivery on a wet day Southwest Firewood will not be liable to any complains due to increased moisture content on products which got wet during delivery. Southwest Firewood delivery drivers will endeavour to get product as close as possible to the required location, they will not manually handle or stack product on delivery unless this service has been requested prior to delivery and only for customers of advanced years or otherwise unable to handle product and are unable to request assistance from other sources/parties. If you meet this criteria please inform Southwest Firewood at the point of ordering via telephone or our contacts page.
Risk and Property
Risk of damage to or loss of the Goods shall pass to the Buyer at:-
(a) in the case of Goods to be delivered at the Seller’s premises, the time when the Seller notifies the Buyer that the Goods are available for collection; or
(b) in the case of Goods to be delivered otherwise than at the Seller’s premises, the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
Until such time as the property in the Goods passes to the Buyer:-
(a) the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property;
(b) the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to the Seller for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and in the case of tangible proceeds, properly stored, protected and insured; and
(c) provided the Goods are still in existence and have not been resold, the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Seller, but if the Buyer does so all money owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
If the Seller fails to deliver the Goods or any of them on the Delivery Date other than for reasons outside the Seller’s reasonable control or the Buyer’s or its carrier’s fault:-
(a) if the Seller delivers the Goods at any time thereafter the Seller shall have no liability in respect of such late delivery;
(b) if the Buyer gives written notice to the Seller within ten business days after the Delivery Date and the Seller fails to deliver the Goods within four business days after receiving such notice the Buyer may cancel the order and the Seller’s liability shall be limited to the excess (if any) of the cost of the Buyer (in the cheapest available market) of similar goods to those not delivered over the price of the Goods not delivered.
The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in delivery or in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:-
(a) act of God, explosion, flood, tempest, fire or accident;
(b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
(c) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental. parliamentary or local authority;
(d) import or export regulations or embargoes; and/or
(e) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party).
If on delivery any of the Goods are defective in any material respect and either the Buyer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery ‘condition and contents unknown’ the Buyer gives written notice of such defect to the Seller within three business days of such delivery, the Seller shall at its option:-
(a) replace the defective Goods within 14 days of receiving the Buyer’s notice; or
(b) refund to the Buyer the price for the goods which are defective;
but the Seller shall have no further liability to the Buyer in respect thereof and the Buyer may not reject the Goods if delivery is not refused or notice give by the Buyer as aforesaid.
No Goods may be returned to the Seller without the prior agreement in writing of the Seller. Subject thereto any Goods returned which the Seller is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Seller’s sole discretion the Seller shall refund or credit to the Buyer the price of such defective Goods but the Seller shall have no further liability to the Buyer. The Seller shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration of the Goods without the Seller’s approval, or any other act or omission on the part of the Buyer, its employees or agents or any third party.
Goods, other than defective Goods returned by the Buyer and accepted by the Seller may be credited to the Buyer at the Seller’s sole discretion and without any obligation on the part of the Seller. Where Goods returned to the Seller are not resaleable they will not be considered for credit and will be destroyed by the Seller at the Buyer’s expense in the interests of safety.
Subject as expressly provided in these Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Where the Goods are sold under a consumer sale the statutory rights of the Buyer are not affected by these Conditions.
Except in respect of death or personal injury caused by the Seller’s negligence, or as expressly provided in these Conditions, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, or under the express terms of the Contract, for any direct or consequential loss or damage sustained by the Buyer (including without limitation loss of profit or indirect or special loss), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its servants or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer.
The Buyer shall be responsible to ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Buyer is in compliance with all applicable statutory handling and sale of the Goods by the Buyer is carried out in accordance with directions given by the Seller or any competent governmental or regulatory authority and the Buyer will indemnify the Seller against any liability loss or damage which the Seller might suffer as a result of the Buyer’s failure to comply with this condition.
If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:-
(a) cancel the order or suspend any further deliveries to the Buyer;
(b) appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and
(c) charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of two per cent per annum above Banking base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
This condition applies if:-
(a) the Buyer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract; or
(b) the Buyer becomes subject to an administration order or makes any voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation; or
(c) an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
(d) the Buyer ceases, or threatens to cease, to carry on business; or
(e) the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
If this applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
Confidentiality, Publications and Endorsements
The Buyer undertakes to the Seller that:-
(a) the Buyer will regard as confidential the contract and all information obtained by the Buyer relating to the business and/or products of the Seller and will not use or disclose to any third party such information without the Seller’s prior written consent provided that this undertaking shall not apply to information which is in the public domain other than by reason of the Buyer’s default;
(b) the Buyer will not use or authorise or permit any other person to use any name, trademark, house mark, emblem or symbol which the Seller is licensed to use or which is owned by the Seller upon any premises note paper visiting cards advertisement or other printed matter or in any other manner whatsoever unless such use shall have been previously authorised in writing by the Seller and (where appropriate) its Licensor;
(c) the Buyer will use all reasonable endeavours to ensure compliance with this Condition by its employees, servants and agents.
This Condition shall survive the termination of the Contract.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
The Contract shall be governed by the laws of Scotland.
These terms and conditions apply to all products supplied to you, the customer, by Southwest Firewood. By accessing or using this website you acknowledge that you have read, understood and agree to be bound by these terms and conditions in accordance with the laws of Scotland. If you do not agree with these terms and conditions, please do not use this website. The contents of this website including design, images and text may not be copied, reproduced or used in any other form without the prior permission of Southwest Firewood.
Product description and efficacy
Product descriptions and measurements supplied by Southwest Firewood or the manufacturers are, to the best of our knowledge, complete and accurate. We will always attempt to recommend the most appropriate product to resolve your specific problem. We cannot be held responsible if the product is ineffectual in your specific situation. Southwest Firewood neither gives nor implies any warranty regarding products suitability for your specific situation. We reserve the right without prior notice, to change or amend information, prices or products supplied from this website. Southwest Firewood will not be liable for any specific, indirect or consequential damage, or any damage whatsoever, that may result from using this website or relying on information supplied therein or through the use of products purchased from this website.
We do not store credit card details. Southwest Firewood collects personally identifiable information from the visitors to our website only on a voluntary basis. Personal information collected on a voluntary basis may include name, postal address, email address, company name and telephone number. This information is collected if you request information from us or buy a product from us. The same applies if you participate in a contest we run, sign up to join our email list or request some other service or information from us. The information collected is internally reviewed and used to improve the content of our website. Also to notify our visitors of updates, and respond to visitor inquiries. Once information is reviewed, it is destroyed or stored in our files. If we make material changes in the collection of personally identifiable information we will inform you by placing a notice on our site. Personal information received from any visitor will be used only for internal purposes.
We use Trustpilot as a Data Processor. This means that when you buy a product from us, we share your name and email address with Trustpilot for the sole purpose of inviting you to review our service. We only do this with your permission and have opted to do this so that our customers make informed decisions when buying from us. We do not share your information with any other third parties, unless legally obliged to do so. We do not sell your data to third parties under any circumstances.
If South West Firewood is dissolved, the information we have obtained from you through your voluntary participation in our site will be permanently deleted. In that event, you will receive notice through our website.
How You Can Correct or Remove Information
Updates and Effective Date
Southwest Firewood reserves the right to make changes to these terms & conditions. If there is a material change in our policies or practices, we will indicate on our site that these have changed. We encourage you to periodically review this website so that you will be fully aware of any changes.
Agreeing to Terms and Conditions
You agree to the terms and conditions set out here by using our website. If you do not agree to Southwest Firewood’s terms & conditions, please do not use this website, purchase any products or use any services offered by this site.