Terms of service

Terms and Conditions

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are HS SOLID FUELS LTD a company registered in under number NI657671 whose registered office is at 66, Parkview, County Londonderry, BT45 8AT and whose trading address is UNIT 4, 67 Kilrea Road, Upperlands, Maghera, Londonderry, BT458AT with email address info@hsfuels.co.uk (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information for future reference for a period long enough for its purposes, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer's order for the Goods from the Supplier as submitted following the step-by-step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Website means our website on which the Goods are advertised.

Goods

11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information and Registration

15. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
16. We retain and use all information strictly under the Privacy Policy.
17. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

18. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
20. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
21. Any quotation is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
22. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
23. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you.

Price and Payment

24. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
25. Prices and charges include VAT at the rate applicable at the time of the Order.
26. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

27. We will deliver the Goods to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
28. Regardless of events beyond our control, if we do not deliver the Goods on time, you can treat the Contract at an end if:
    • we have refused to deliver the Goods, or delivery on time is essential taking into account all relevant circumstances, or you told us before the Contract was made that delivery on time was essential; or
    • after we have failed to deliver on time, you have specified a later period appropriate to the circumstances and we have not delivered within that period.
29. If you treat the Contract at an end, we will promptly return all payments made under the Contract.
30. If you were entitled to treat the Contract at an end, but do not do so, you may still cancel the Order for any Goods or reject delivered Goods. If so, we will return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them and we will pay the costs of this.
31. If any Goods form a commercial unit, you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
32. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channel Islands. If we accept an Order for delivery outside that area, you may need to pay import duties or other taxes.
33. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, provided you are not liable for extra charges.
34. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
35. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

36. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
37. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal and cancellation

38. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind, without giving us a reason and without incurring any liability.
39. You can cancel the Contract (except Goods made to your special requirements) by telling us no later than 14 calendar days from the day the Contract was entered into. You must return the Goods in undamaged condition at your own expense, and we will refund the price paid in advance for those Goods, but may retain any separate delivery charge.
40. This is a distance contract and has cancellation rights below. These rights do not apply to:
    • foodstuffs, beverages or other goods intended for current household consumption supplied on frequent and regular rounds;
    • goods made to your specifications or clearly personalised;
    • goods liable to deteriorate or expire rapidly.
41. Cancellation rights cease to be available if, in the case of sales contracts, the goods become mixed inseparably with other items after delivery.

Right to cancel

42. Subject to these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
43. The cancellation period will expire after 14 days from the day on which you (or a third party other than the carrier indicated by you) acquires physical possession of the last of the Goods. For subscriptions, 14 days applies after the first delivery.
44. To exercise the right to cancel, you must inform us by a clear statement (eg letter by post or email). You can use the model cancellation form, but it is not obligatory.
45. You may also submit the cancellation form or any other clear statement on our website. If you do, we will acknowledge receipt in a Durable Medium (eg email) without delay.
46. To meet the cancellation deadline, it is sufficient to send your communication before the cancellation period has expired.

Effects of cancellation in the cancellation period

47. If you cancel this Contract, we will reimburse all payments received from you, including delivery costs (except supplementary costs where you chose a delivery type other than the least expensive standard option).

Deduction for Goods supplied

48. We may make a deduction from the reimbursement for loss in value of any Goods supplied if the loss results from unnecessary handling by you.

Timing of reimbursement

49. If we have not offered to collect the Goods, we will reimburse without undue delay and not later than:
    • 14 days after receiving returned Goods; or
    • 14 days after you provide evidence you have sent back the Goods (if earlier).
50. If we have offered to collect the Goods or if no Goods were supplied, we will reimburse without undue delay and not later than 14 days after we are informed of your decision to cancel.
51. Reimbursement will be made using the same means of payment as used for the initial transaction unless otherwise agreed.

Returning Goods

52. If you have received Goods in connection with a cancelled Contract, you must send back the Goods or hand them over to:
    UNIT 4, 67 Kilrea Road, Upperlands, Maghera, Londonderry, BT458AT
    without delay and in any event not later than 14 days from the day you communicate your cancellation. You will have to bear the cost of returning the Goods.
53. For the purposes of these Cancellation Rights:
    • distance contract means a contract concluded without the simultaneous physical presence of trader and consumer using distance communication;
    • sales contract means a contract where a trader transfers ownership of goods and the consumer pays the price.

Conformity

54. We have a legal duty to supply the Goods in conformity with the Contract.
55. Upon delivery, the Goods will:
    • be of satisfactory quality;
    • be reasonably fit for a particular purpose made known to us (subject to the stated exceptions);
    • conform to their description.
56. It is not a failure to conform if the failure has its origin in your materials.

Successors and our sub-contractors

57. Either party can transfer the benefit of this Contract to someone else and will remain liable for its obligations. The Supplier is liable for the acts of any sub-contractors it uses to perform its duties.

Circumstances beyond the control of either party

58. In the event of failure by a party due to something beyond reasonable control:
    • the party will advise the other party as soon as reasonably practicable; and
    • obligations will be suspended so far as reasonable, and the party will not be liable for failures it could not reasonably avoid, without affecting the Customer’s rights on delivery and cancellation.

Privacy

59. Your privacy is critical to us. We respect your privacy and comply with GDPR.
60. These Terms and Conditions should be read alongside our policies, including our privacy policy and cookies policy: www.hsfuels.co.uk.
61. For the purposes of these Terms and Conditions:
    • Data Protection Laws means any applicable law relating to Personal Data processing;
    • GDPR means the General Data Protection Regulation (EU) 2016/679;
    • Data Controller, Personal Data and Processing have the meanings set out in the GDPR.
62. We are a Data Controller of the Personal Data we Process in providing Goods to you.
63. Where you supply Personal Data to us, we will:
    • identify purposes before or at collection;
    • only process for identified purposes;
    • respect your rights in relation to Personal Data;
    • implement technical and organisational measures to keep Personal Data secure.
64. For enquiries or complaints regarding data privacy, email: hssolidfuel@gmail.com.

Excluding liability

65. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of legal obligations. Subject to this, the Supplier is not liable for losses not reasonably foreseeable at the time the Contract was made, or business losses that would not be suffered by a Consumer.

Governing law, jurisdiction and complaints

66. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
67. Disputes can be submitted to the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
68. We try to avoid disputes. If a dispute occurs, customers should contact us to find a solution.

Attribution

69. These terms and conditions were created using a document from Rocket Lawyer: rocketlawyer.com.

Model cancellation form

To:

UNIT 4, 67 Kilrea Road,
Upperlands, Maghera,
Londonderry,
BT458AT

Email address: info@hsfuels.co.uk