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Terms & Conditions

These terms and conditions govern your use of our website. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.


Website access

1.1 It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible only if you have registered.


Use of website

1.2 This website may be used for your own private purposes and in accordance with these terms and conditions.

1.3 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent. You may not reproduce, republish, modify, copy, transmit, upload, post, or distribute, in any manner, the material on the site, including text, graphics and code without prior written approval from the company.


Website uptime

1.4 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.



1.5 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.


Visitor provided material

1.6 Any material that a visitor to this website sends or posts to this website shall be considered non-proprietary and non-confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.



1.7 When using this website you shall not post or send to or from this website any material:

(a) for which you have not obtained all necessary consents;

(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;

(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.



1.8 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.


Links to and from other websites

1.9 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.

1.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;

(b) you do not misrepresent your relationship with this website; and

(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

1.11 By linking to this website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.


The Parties

1.12 MIllhouse World of Wood Ltd registered address at Millhouse Farm, Mill Lane, Rishworth, HX6 4RB. Telephone: 01422 646839 Email: info@millhousewood.co.uk / suzi@millhousewood.co.uk

1.13 Orders placed via the Millhousewood website will create a contract between Millhouse World of Wood Ltd and the customer placing the order.


Sale Basis

1.14 These Terms and Conditions set out the entire relationship between Millhouse World of Wood Ltd and you, the customer, for the sale of goods. Please ensure that you read and understand these Terms and Conditions as these terms are binding upon placement of an order.



1.15 Any samples, drawings, descriptions or advertising that appear on the BurnBest site or in any marketing material, are provided to give you an approximation of the goods they represent. They do not form part of the contract between the parties – in particular promotional pricing will be superseded by the pricing indicated on the site and confirmed in your order confirmation.

1.16 You are considered to have placed an order and entered a binding contract with BurnBest (Millhouse World of Wood Ltd) when you have:



1.16.1 Ticked that you have accepted the Terms and Conditions on the website; and



1.16.2 You have made payment for the goods ordered.

 All payments are in GBP (£).

1.17 On completion of your order you will be issued with an order number. Please quote this order number on any correspondence with Millhouse World of Wood Ltd.



1.18 Once an order has been placed the goods are automatically consigned for delivery to the address you have provided. If you wish to cancel an order please do so as soon as possible. Cancellation before 3 pm on the day of the order will ensure that you are not liable for any return costs. Goods are usually dispatched on the same working day as the order is placed.



1.19 If you would like to return an order that has already been delivered, please contact us, and inform us of your reason for the return. We will organise our haulier to collect the order. It is your responsibility to ensure that the order is in a suitable state and location for collection by our haulier. Typically that means in the same or similar condition as when delivered, and in a place that our haulier may access. Delivery onto gravel will require goods to be moved to a stable surface for collection. Please contact us if you require further guidance. You will be refunded for the full value of any goods returned to us in a saleable condition less £80 + VAT for transport and administration costs (and the shipping surcharge where applicable) per pallet returned.



1.20 We have the right to revise and amend these Terms and Conditions as we see fit. You will always be bound by the terms and conditions that were active at the time your order was placed.


Delivery

1.21 The contract between Millhouse World of Wood Ltd 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 Millhouse World of Wood Ltd 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 Millhouse World of Wood Ltd of any damage to the order, in accordance with these Terms and Conditions.

1.22 The goods will be considered to be delivered in a fit state where you, the customer, has signed the delivery note confirming the safe delivery of the order.



1.23 Where the customer has waived their right to inspect the state of goods by requesting delivery without a signature, the contract will be seen as completed, regardless of the actual state of goods. Delivery will be deemed to have been made at the time stated on the delivery note.



1.24 We strongly advise against customers requesting unattended deliveries.



1.25 We use a third party haulier to deliver all orders. Any liability arising from the delivery process lies strictly with the haulier.



1.26 All pallet based deliveries are delivered to the kerbside. While our delivery company will normally go to great lengths to ensure that your delivery is placed where you require it, the contract between yourself and Millhouse World of Wood Ltd includes delivery to kerbside only. Please ensure that you have the means to move the pallet(s) and their goods from the kerbside to a suitable storage location. Please consult the delivery access section below for the required access conditions for deliveries.


Delivery Access

1.27 Bagged wood pellets and crates of firewood are delivered on a 1m x 1.2m pallet and in three heights depending on the product size; 1.6m, 0.8m and 0.5m tall.

1.28 Standard deliveries are done on an 18 tonne vehicle. The delivery onto the property will be done on a pallet pump truck. If there is restricted access a 7.5 tonne vehicle will be used If you require a 7.5 tonne vehicle (please note that sometimes it will be a 12 tonne vehicle) please inform us if there is restricted. Without adequate access, delivery will be to the kerbside only. If you have requested a 7.5 tonne vehicle and your order arrives on an 18 tonne vehicle (and cannot be delivered) please send the delivery away. Please note that the maximum delivery on a 7.5 tonne vehicle is 2 and a half pallets. Larger orders will be despatched on an 18 tonne vehicle.

1.29 The delivery vehicles will need a minimum 2.8m wide access and free from all obstructions including but not limited to trees and vegetation. The delivery area should be free of inclines and hard surfaces, e.g. not suitable on grass and/or gravel, chippings or pebble surfaces,

 1.30 Standard delivery occurs on the fifth or sixth working day after order. E.g. if you order before 3pm on Monday, your order should be with you by Friday or the following Monday (Excluding Islands and Highlands). Please note that during busy periods this may extend to 7 days!



1.31 Please note that during Peak Periods (Pre-Christmas, etc.) we are unable to refund
customers for any premium delivery charges if a delivery is later than expected.


Damage During Delivery

1.32  Where your order has received some level of damage in transit Millhouse World of Wood Ltd will refund you for the amount of product that you have lost (please note, only lost/unusable product will be compensated for – damaged packaging is not a basis for a claim), provided you follow the following process:



1.32.1 Sign the delivery note to indicate that the delivery has been received with damages evident (if your delivery note is signed as received in good order, and the damages were evident on delivery, NO claim whatsoever is possible); AND



1.32.2 Notify Millhouse World of Wood Ltd by email info@millhousewood.co.uk  within 24hrs of the delivery that you intend to seek a refund, with the volume of product lost/rendered unusable (Please provide the equivalent volume in bags of lost/unusable product, and NOT the number of bags with damage); AND



1.32.3 Provide photographic evidence to support the level of lost/unusable product being claimed for (please note that if there is a large discrepancy between the level of lost/unusable product claimed for on the delivery note, and the level of loss evidenced by photograph, Millhouse World of Wood Ltd reserves the right to not offer a refund); AND



1.32.4 Provide to Millhouse World of Wood Ltd by email: info@millhousewood.co.uk all evidence required to support your claim within 72 hours of delivery.



1.33 Millhouse World of Wood Ltd is unable to add lost/unusable product to future orders. All claims will be refunded to your original method of payment.



1.34 Where damages are not indicated on the delivery note Millhouse World of Wood Ltd is not able to offer any refund where the customer could reasonably have been expected to have noticed the damages after a visual inspection of the order, or where the customer requested an unattended delivery.



1.35 If there are damages on an order that were not signed off on a delivery note and that could not reasonably have been discovered by a visual inspection of the order on delivery, then the customer may apply for a refund for the damages provided they are able to:



1.35.1 Provide evidence of the damage in photographic form;



1.35.2 Provide evidence that the damage could not have been reasonably discovered by a visual inspection of the goods on delivery;



1.35.3 Provide notification of the damages to Millhouse World of Wood Ltd within 24 hours of the delivery.


Delivery Times

1.36 We provide guidelines as to the expected delivery schedule of the relative delivery services offered by Millhouse World of Wood Ltd. Please note that in all cases the timeframes given are guides only. Millhouse World of Wood Ltd will not be held liable, if for whatever reason, a delivery does not arrive within an expected period.



1.37 All orders received on a standard working day prior to 3pm are subject to stock availability. Millhouse World of Wood Ltd endeavours to maintain a positive stock balance on all lines throughout the year. Where Millhouse World of Wood Ltd are expecting a temporary unavailability of stock, (provided the unavailability of stock will not exceed 15 days),  Millhouse World of Wood Ltd will continue offering the product for sale and dispatch the product on arrival.



1.38 Where stock is unavailable and not due to be available for more than 15 days, Millhouse World of Wood Ltd will endeavour to restrict sales of the good in question.



1.39 It is your responsibility to ensure that there is suitable access to the delivery location. Where a delivery is attempted, but is unable to complete due to a lack of access that you could have reasonably been expected to anticipate, we will charge a redelivery fee of at least £40 + VAT per pallet.



1.40 It is your responsibility to ensure that the address and delivery instructions you provide are correct. Where the address and/or instructions are vague and our haulier cannot reasonably be expected to find the delivery location from the instructions provided, we reserve the right to charge a redelivery fee of at least £40 + VAT.



1.41 Where the delivery location is unsuitable for delivery (as deemed by our hauliers driver), and the customer is unable to provide an alternate delivery location that is suitable, or otherwise unable to come to an amicable resolution of the delivery with Millhouse World of Wood Ltd, the customer will be liable for the costs associated with returning the pallet as per 1.49.1 and, or 1.49.2 below.


Damage to Property During the Delivery Process

1.42 Millhouse World of Wood Ltd disclaims all liability from any damage and/or death to any property and/or person that may occur during the delivery process.



1.43 Any liability for any damages that may occur during the delivery process lie strictly with our third party haulier.



1.44 In the unlikely event that any damage to persons or property occurs during delivery please follow these protocols:



1.44.1 Take a written acknowledgement from the delivery driver that details the extent and nature of the damage that occurred. Please include a commentary of how the damage occurred. Please ensure that both driver and any witnesses sign the acknowledgement and that the driver includes his name, vehicle registration number, and the name of his employer, along with insurance details if available.



1.44.2 Where possible please take photographs of the damage.



1.44.3 Please call Millhouse World of Wood Ltd to let us know what has happened. Although we cannot influence the outcome of any claim you may make, we are able (in most cases) to speed up the claims process.


Right to Cancel

1.45 You have the right to cancel this contract within 14 days without giving reason.



1.46 The cancellation period will expire after 14 days from the date on which the final item in your order is delivered.



1.47 To exercise your right to cancel, you must inform us of your decision to cancel this contract by a clear statement by email or letter addressed to either:



1.47.1 Email address: info@millhousewood.co.uk



1.47.2 Address for correspondence: Millhouse Farm, Mill Lane, Rishworth, HX6 4RB



1.47.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your right to cancel before the cancellation period has expired.


Effects of Cancellation

1.48 If you cancel this contract, we will reimburse to you the all the payments received from you. Where you are unable or unwilling to arrange the return of the goods yourself, or where the goods have suffered a material reduction in value due to your handling of the goods, we will reduce the value of your reimbursement by the appropriate value.



1.49 Once the product has been dispatched from our warehouse, you the customer, will be responsible for the costs associated with returning the order to our warehouse. Where you are unable or unwilling to arrange the return of the order, Wood Fuel will arrange for the return at the following cost:



1.49.1 In the case of the product being returned from the area where delivery costs are included in the price, the amount of £80 +VAT per pallet will be charged.



1.49.2 In the case of the product being returned from an area that requires a delivery surcharge, £80 + the surcharge value +VAT per pallet will be charged.



1.49.3 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you (including removing bags from the pallet, and not restacking them correctly, and/or damage to packing materials). We will only reduce the reimbursement in this case by the loss of value to the goods.



1.49.4 We will make the reimbursement without undue delay, and not later than 21 days after we receive the goods back to our warehouse.



1.49.5 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.


The Goods

1.50 Goods supplied should:



1.50.1 Conform in all material respects with the ordered specification;



1.50.2 Be free from material defects in design, materials and workmanship. In the event of a defect, BurnBest will assist the customer in dealing with the manufacturer of the product.



1.50.3 Comply with all applicable statutory and regulatory requirements for selling the goods in the United Kingdom.



1.51 This does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident or negligence (by you or a third party).



1.52 We will take reasonable steps to ensure that your order arrives in good condition.



1.53 It is your responsibility to ensure that you store your goods in a suitable location. Please note that fuel in all its forms does not tolerate damp storage conditions.


VAT

1.54 VAT on domestic solid fuel is levied at either the reduced rate or standard rate of VAT. It is your responsibility to ensure that the VAT rate you utilise on your order is appropriate for your intended use. Wood Fuel will not be held responsible for the incorrect application of a VAT rate by a customer.



1.55 The rate of VAT levied on sales of fuel products is subject to the intended use of those products. For full details of the relevant laws please see HMRC Reference: Notice 701/19 (August 2010). A guide to the appropriate rate is given below. Please note that we will not be held responsible for the incorrect application of a VAT rate to your order. It is YOUR responsibility to ensure that you understand the legislation. By agreeing to our terms and conditions you certify that you order is compliant with the relevant legislation. We will not be held responsible for inaccuracies in the advice tabled below.



1.56 Intended use: Fuel



1.56.1 Fuel supplies for domestic use incur VAT at the reduced rate of 5%. Business customers may apply the reduced rate for some deliveries provided they satisfy the requirements in the legislation. Where business customers do not satisfy these requirements they are obliged to pay the standard rate of VAT.



1.57 Intended use: Other All other supplies are made at the standard rate of VAT.



1.58 Please ensure you make a purchase with the appropriate rate levied. By making a purchase on our site you are confirming that you have applied the appropriate VAT rate to your order.


Promotions

1.60 All promotions are subject to immediate cancellation without warning.



1.61 Promotions can include discount coupons or direct account credit awarded to an individual user.



1.62 Any abuse of the promotion system will result in a user's account being cancelled and any promotional balances being removed.



1.63 Any user with multiple accounts for a single delivery address will be deemed to be abusing the promotion system and will have all current and future promotional credits/coupons removed immediately.



1.64 Once an order has been placed it is NOT possible for a promotion to be applied to that order retrospectively.



1.65 Any credit not used on an order will remain in your account to be used on your next order.


Pellet Price Promise

1.66 We will endeavour to beat the price for any identical full pallet product of Wood Pellets, provided



1.66.1 The products are of identical quality and brand



1.66.2 The competitors’ products are not on promotion;



1.66.3 We reserve the right to not beat promotional prices such as ‘summer offers’ or ‘weekend discounts’, trade or bulk pricing.



1.66.4 The price includes VAT at the appropriate rate.



1.66.5 The price includes delivery of the same service level (in this instance mainland UK haulage - we will not match/beat shipping costs outside our mainland rate).



1.67 If you are aware of a cheaper identical product please let us know the URL of the competing offer. Once confirmed, we will endeavour to reduce our price below that price. We reserve the right to not beat any offer that we believe to be spurious.



1.68 We will ABSOLUTELY not entertain claims for a post event reduction in the price you paid for pellets due to a later reduction in price on our behalf.


Defective Goods and Returns

1.69 It is your responsibility to ensure that the goods are suitable for the use to which you put them to.



1.70 In the unlikely event that the goods provided do not conform to these terms, please let us know. If the goods do not conform we will:



1.70.1 Remove the goods at our cost and provide you with a full refund for the value of the goods that have been removed; or



1.70.2 Replace the goods at our cost.



1.71 Dissatisfaction with goods delivered. If you are dissatisfied with the goods delivered, but the goods do conform to these terms and you would like to return the goods we will collect the goods and provide a refund to you provided:



1.71.1 The goods are returned to us in a saleable condition;



1.71.2 At least 75% of the original order is returned.



1.71.3 We will refund you the full value of the goods returned to us less £80 + VAT per pallet for the transport costs incurred (and shipping surcharges where they occur), returning the goods to our warehouse.



1.72 These terms and conditions apply to any replacement goods that we may send you.



1.73 If your order is being returned it is your responsibility to ensure adequate access for our haulier to collect the goods. Where appropriate access is not given, we will pass on any additional haulage costs to you.


Exclusion of liability

1.74 We do not accept liability for any loss or damage that you suffer as a result of using this website.



1.75 If either party fails to comply with these terms, neither party shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms.



1.76 Neither party shall be responsible for losses that result from our failure to comply with these terms including, but not limited to losses that fall into the following categories:



1.76.1 Loss of Business;



1.76.2 Loss of income or revenue;



1.76.3 Loss of anticipated savings;



1.76.4 Loss of data;



1.76.5 Any waste of time; or



1.76.6 Any loss due to the sourcing of replacement goods from another provider.



1.77 This clause does not include or limit in any way our liability for:



1.77.1 Death or personal injury caused by our negligence; or



1.77.2 Fraud or fraudulent misrepresentation;



1.77.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or



1.77.4 Losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or



1.77.5 Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.



1.78 We will not be liable for any consequential loss or indirect loss suffered by you, or by anyone to whom you have supplied the goods.



1.79 We will not be liable for losses or damages resulting from the use of the goods for purposes for which the specification and manner of goods or delivery are not suitable.



1.80 We will not be liable for any losses or damages to property or persons that may occur during the delivery process. Liability for delivery process losses or damages rest with our contracted haulier.


Force Majeure

1.81 We will not be responsible for any failure to perform our obligations when impeded by a Force Majeure event such as;

1.81.1 Strikes, lock outs or other industrial action;



1.81.2 Civil commotion riot, invasion, terrorist attack, war, etc.



1.81.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;



1.81.4 Transport network failure; or



1.81.5 Communication network failure



1.82 Our obligations under these terms are suspended for the duration of the Force Majeure event. We will endeavour to fulfil our obligations as soon as possible once the event has ceased.


Assignment

1.83 You may not assign or transfer your rights or obligations under these Terms to any other party without the written consent of Wood Fuel.


Template Cancellation Form

1.84 There is no requirement for the customer to use the form below to notify Millhouse World of Wood Ltd of a cancellation request.



1.84.1 Email or send the form to Millhouse World of Wood Ltd registered address at Millhouse Farm, Mill Lane, Rishworth,West Yorkshire HX6 4RB. Telephone 01422 646839 Email:   info@millhousewood.co.uk

1.84.2 From [*Name of customer] [Address of customer] I cancel my order [*enter order number] of the following goods: [*enter the goods to be returned] Ordered on [*enter date] Date [*enter date].


Disclaimer

1.85 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date. In the event of an error or omission on the website, material or not, we reserve the right to amend or cancel any order in to resolve the issue. In the event a customer becomes aware of an error or omission on the website, they will contact us immediately to inform us of the error.



1.86 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.


Law and jurisdiction

1.87 These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.