Terms and Conditions
We are Warwickshire Firewood Limited, trading as ‘Wood and Sport’ (the Company).
These terms will apply to any sale of products or services to you by us (the Contract).
Please read these terms carefully and make sure that you understand them before ordering any products from us.
Please note that by placing an order with us you are agreeing to these terms. If you refuse to accept our terms you will not be able to order products from us.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these terms from time to time as set out in Clause 8.
These terms and any contract between us are only in English language.
1. INFORMATION ABOUT US
1.1 We operate the website http://www.woodandsport.com. We are Warwickshire Firewood Limited, a company registered in England and Wales under company number 8374284 and with our registered office at 32 Grosvenor Gardens, London SW1W 0DH. We use the trading name ‘Wood & Sport’.
1.2 Contacting us if you are a consumer:
(a) To cancel a contract in accordance with your legal right to do so as set out in Clause 9.
(b) If you wish to contact us for any other reason, including because have any complaints, you will contact us by telephoning our customer service team at 01926 494 055 or by emailing us at email@example.com.
(c) If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide when ordering.
1.3 Contacting us if you are a business:
You may contact us by email at firstname.lastname@example.org, telephone 01926 494 055 or by writing to our registered office at 32 Grosvenor Gardens, London SW1W 0DH. If you wish to give us formal notice of any matter in accordance with these Terms please see Clause 20.4.
2. OUR PRODUCTS
2.1 The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the products accurately; your products may vary from those images.
2.2 Although we have made every effort to be as accurate as possible; due to the nature of our products being natural and handmade; all sizes, weights, dimensions and measurements indicated on our site are approximate only and have a tolerance of 20%. Natural products may show some colour and/or moisture content variations. Sizes and measurements of firewood loads are measured as lose (non stacked) logs.
2.3 The packaging and delivery vehicles may vary from that shown on images on our site.
3. USE OF OUR SITE
3.1 Your use of this site is governed by our Terms of Website Use. Please take time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
This Clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
6. IF YOU ARE A BUSINESS CUSTOMER
This Clause 6 only applies you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on who’s behalf you use our site and or Company to purchase products.
6.2 These terms and any documents expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all pervious agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral.
6.3 You acknowledge that entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document(s) referred to in them.
6.4 You agree that you shall not have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Our ‘Order Now/FAQ’ page will guide you through the steps you need to take to place an order with us. Our order process allows you to speak with us to confirm your order details prior to making any payment.
7.2 However please note that after you place an order this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Clause 7.3.
7.3 We will confirm our acceptance to your order upon payment in full by credit or debit card, payment by BACS or electronic transfer. The contract between us will only be formed when we give notice of receipt of cleared payment in full.
7.4 If we are unable to supply you with a product; for example because that product is not in stock or no longer available or because we can not meet your requested delivery date or because of any error in the price on our site (as referred to in Clause 13.5), we will inform you of this by either telephone or email and will not process your order. If you have already paid for the products/services, we will refund you the full amount including any delivery costs charged, subject to your request, or in any event within 30 days of acceptance of the order by us.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We amend these terms from time to time.
8.2 Every time you order products/services from us the terms in force at the time of your order will apply to the contract between you and us.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause only applies if you are a consumer
9.1 If you are a consumer, you have the legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in Clause
9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a product, you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizen’s Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of:
(a) all natural firewood log products that have been collected or delivered, used or unused in total or in part; and
(b) any products which become mixed inseparably with other items after their delivery.
9.3 Your legal right to cancel starts from the date we accept the order and receive payment in full. Your deadline for cancelling the contract ends upon delivery or collection or use of your product.
9.4 To cancel; you just need to let us know that you have decided to cancel. The easiest way to do this is to contact the customer service team on 01926 494 055. Cancelation will be effective the following business day to the date of receipt of the cancelation form or on the same working day that cancelation is accepted by Customer Services and confirmed by way of email confirmation.
9.5 If you cancel your order we will:
(a) refund you the price you paid for the products/services. However please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods. If we refund you the price paid before we are able to inspect the goods and later discover you have reduce their value in an unacceptable way, you must pay us an appropriate amount;
(b) not refund delivery costs once delivery has taken place; and
(c) make any refunds due to you within 30 days of acceptance of the cancelation.
9.6 If you have returned the product(s) to us under this Clause 9 because they are faulty or misdescribed; we will refund the price of the Products in full.
9.7 We will refund you in full on the credit card or debit card used by you to pay. If you used vouchers we may refund you in vouchers. If you have made payment electronically we may refund you by electronic payment.
9.8 If a product has been delivered to you before you decide to cancel the contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Our address for returns is: Warwickshire Firewood Limited, Keepers Cottage Holeswood, Grove Park Estate, Budbrooke, Warwick, CV35 8QL; and
(b) unless the product(s) is faulty or not as described you will be responsible for the cost of returning the product(s).
9.9 As a consumer, you have legal rights in relation to the products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this Clause 9 or anything else in these terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standard office.
10.1. The company will make every effort to deliver on the agreed date, but if for any reason the company is unable to deliver then no liability, whether in damages or otherwise, for delay of whole or any part of the goods ordered shall be assumed by the company.
10.2 Occasionally our delivery to you may be affected by an Event outside our control. See Clause 19 for our responsibilities when this happens.
10.3 Delivery by the company shall be conditional upon access free from encumbrances and good roads being available to the company vehicles to the place of delivery.
10.4 Delivery of an order shall be completed when we deliver a product(s) to the address you supply and the product(s) will be your responsibility from that time.
10.5 The company excludes any liability for damages to property caused during delivery.
10.6 You own the product(s) once we have received payment in full, including all applicable delivery charges. The company will hold a lien over any product(s) supplied if any amount of money is outstanding to the company.
10.7. If the company or our agents cannot gain access to the delivery address then additional costs may be incurred.
Deliveries are made using large vehicles and it is the customers responsibility to inform the company if there may be an access problem. In such cases that delivery, in the opinion of the company is not possible, then the company reserves the right to cancel the order.
10.8 The customer, or somebody appointed by the customer, should be at the delivery point to accept the delivery.
This Clause 10.9 only applies to business customers
10.9 Time is not of the essence in respect of delivery
This clause 10.10 only applies if you are a consumer
10.10 If we miss the delivery date for any reason we will attempt to deliver as soon as is reasonably possible. You may cancel your order if any of the following apply:
(a) we have refused to deliver; or
(b) you have told us and we have accepted in writing that the delivery time was essential.
11. INTERNATIONAL DELIVERIES
11.1 Unfortunately we do not deliver outside of the U.K.
11.2 You may place an order for products from outside the U.K. providing that delivery is in the U.K.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 Our prices will be as quoted on our site at the time you place your order. We take all reasonable care to ensure that the prices of the products are correct at the time when the relevant information was entered onto the system. However please see Clause 12.5 for what happens if we discover an error in the price of products you ordered.
12.2 Prices of our products may change from time to time, but changes will not affect any order you have already placed.
12.3 The price of a product does not include delivery charges. Our delivery charges are as advised to you when you call and place your order and prior to payment. To check relevant delivery charges please refer to our delivery charges page.
13. HOW TO PAY
13.1 You can pay for products using a debit card or credit card or subject to prior arrangement by BACS or electronic transfer. We accept the following cards: Visa, Master Card, Visa Debit, Maestro, Dinners Club and China Union Pay.
13.2 Payment and all applicable delivery charges is in advance.
14. CUSTOMER WARRANTIES
14.1 The customer is fully aware that firewood and logs are natural products and that we cannot guarantee that the appearance and/or colours and/or quality of products shown in or on our site and advertising does not exactly reproduce the appearance and/or colours or quality of the physical products themselves and that natural products may show some colour and or moisture content variations.
14.2 The customer is fully aware that all sizes quoted are approximate and no warranty is given to exact size of any product(s).
14.4 The customer understands that firewood is a perishable product, which must be properly stored with no risk of water damage before use.
14.5 The customer is aware that firewood when burnt may be dangerous if not properly burnt or supervised. The customer is fully aware and accepts that we accept not liability whatsoever for the burning of the firewood and any damage resulting from its combustion or use.
15. OUR WARRANTIES
15.1 The company gives no warranty as to the natural product and will not accept any liability for loss or damage arising from the natural product itself.
15.2 The company gives no warranty as to the chemical content of the natural product and exclude liability for any chemicals or impurities found in products supplied, and any loss or damage from any cause arising.
16.1 Warwickshire Firewood Limited is not VAT registered. Invoices and prices quoted do not include VAT.
16.2 If Warwickshire Firewood Limited becomes VAT registered then:
(a) the price of a product will include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being;
(b) if the company becomes VAT registered between the date of your order and the date of delivery, we will adjust the price to reflect the applicable rate chargeable, unless you have already paid for the product(s) in full before the registration for VAT takes effect; and
(c) if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the product(s) in full before the change in VAT takes effect.
17. OUR LIABILITY IF YOU ARE A BUSINESS
This Clause 17 only applies if you are a business customer.
17.1 We only supply the product(s) for internal use by your business and you agree not to use the product for any resale purposes without prior agreement in writing by us.
17.2 Nothing in these terms limits or excludes our liability for;
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title or quiet possession);
(d) defective products under the Consumer Protection Act 1987.
17.3 Subject to Clause 17.2 we will in no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
17.4 Subject to Clause 17.2 our total liability to you in respect of all losses arising under or in connection with the Contract, whether in Contract, Tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £150.00.
17.5 Except as expressly stated in these terms, we do not give any representations, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular we will not be responsible for insuring that the products are suitable for your purposes.
18. OUR LIABILITY IF YOU ARE A CONSUMER
This Clause 18 only applies if you are a consumer.
The customer is fully aware that firewood and logs are natural products. We cannot guarantee that the appearance, colours and or quality of products shown in or on our site, advertising and sales calls exactly reproduce the appearance, colours or quality of the physical products themselves. Natural products will have some colour and or moisture content variations.
18.1 If we fail to comply with these terms, we are not responsible for any loss or damage that is not foreseeable.
18.2 We only supply you with products for domestic and private use. You agree not use the product(s) for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interpretation, or loss of business opportunity.
18.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); and
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples).
19. EVENTS OUTSIDE OUR CONTROL
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an event outside our control. An Event Outside Our Control is defined below in Clause 19.2.
19.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation of war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of motor transport or other means of public or private transport.
19.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a contract:
(a) the company will contact you as soon as reasonably possible; and
(b) the company’s obligations under a contract will be suspended at the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
19.4 You may cancel orders affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return any relevant product(s) that you have already received and we will refund the price you have paid including any delivery charges, subject to delivery not having commenced.
20. COMMUNICATIONS BETWEEN US
20.1 When we refer in these terms to “in writing” this will include email.
20.2 If you are a consumer you may contact us as described in Clause 1.2.
20.4 If you are a business:
(a) any notice or other communication given by you to us, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or email.
(b) a notice or other communication shall be deemed to be received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9am on the second business day after posting or if sent by email, one business day after transmission.
(c) The provisions of this Clause 20.4 shall apply to the service of any proceedings or other documents in any legal action.
21. OTHER IMPORTANT TERMS
21.1 We may transfer our rights and obligations under a Contract to another organisation, but will not affect your rights to our obligations under these terms.
21.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
21.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contract Rights of Third Parties Act 1999 or otherwise.
21.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
21.5 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with these obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.6 If you are a consumer please note that these terms are governed by English law. This means that a contract for the purchase of products from us and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.
21.7 If you are a business a contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
21.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non contractual disputes or claims).