Refund Policy

Definitions. In these Conditions, the following definitions apply:
'Business Day': a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
'Conditions': the terms and conditions set out in this document as amended from time to time in accordance with clause 10.8.
'Contract': the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
'Customer': the person or firm who purchases the Goods from the Supplier.
'Force Majeure Event': has the meaning given in clause 9.
'Goods': the goods (or any part of them) set out in the Order.
'Order': the Customer's order for the Goods on the Website or as set out in the Customer's purchase order form.
'Supplier': BSW ENERGY LIMITED whose registered office address is East End, Earlston, Berwickshire TD4 6JA  (registered in Scotland with company number SC031022).
'Website': the website at the domain www.woodfuel-direct.co.uk that is operated by the Supplier

We want you to be satisfied with every Wood Fuel Direct product. Occasionally though, we know you may want to return items, so below is our returns policy.

We accept the return of items ONLY if they are unopened and in their original condition so that the item(s) can go back on resale once returned and received. If you return goods, as detailed, within 14 days of purchase date, we will issue a full refund for the price you paid for the item.

1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
2. A reference to a party includes its personal representatives, successors or permitted assigns.
3. A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
4. Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
5. A reference to writing or written includes faxes and e-mails.

1. each delivery of the Goods is accompanied by a delivery note which shows
   the date of the Order, all relevant Customer and Supplier reference numbers (where applicable), the type and quantity of the Goods (including the code number of the Goods, where applicable) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
2. if the Supplier requires the Customer to return any packaging materials to the Supplier, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier's expense.

1. delivery of the Goods shall be deemed to have been completed at 9.00 am on the fifth Business Day after the day on which the Supplier notified the Customer that the Goods were ready; and
2. the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).

1. conform in all material respects with their description;
2. be free from material defects in design, material and workmanship;
3. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
4. be fit for any purpose held out by the Supplier.

1. the Customer gives notice in writing to the Supplier during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 4.1;
2. the Supplier is given a reasonable opportunity of examining such Goods; and
3. the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier's place of business at the Supplier's cost, the Supplier shall, at its option (notwithstanding the rights that an individual consumer may have), repair or replace the defective Goods, or refund the price of the defective Goods in full.

1. the Customer makes any further use of such Goods after giving notice in accordance with clause 4.2;
2. the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
3. the Customer alters or repairs such Goods without the written consent of the Supplier;
4. the defect arises as a result of fair wear and tear, wilful damage, accident, negligence by the Customer or any third party, or abnormal storage or working conditions; or
5. the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

1. hold the Goods on a fiduciary basis as the Supplier's bailee;
2. store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier's property;
3. not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
4. maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
5. notify the Supplier immediately if it becomes subject to any of the events listed in clause 7.2; and
6. give the Supplier such information relating to the Goods as the Supplier may require from time to time,

1. any factor beyond the Supplier's control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
2. any request by the Customer to change the delivery date(s), quantities or types of Goods ordered; or
3. any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.

1. because he (being an individual consumer who placed the Order on the Website only) has cancelled the Contract between the parties within the five Business Day cooling-off period (see clause 10.2(a) below), the Supplier will process the refund due to the Customer as soon as reasonably possible and, in any case, within 20 Business Days of the day the Customer gave notice of cancellation. In this case, the Supplier will refund the price of the Goods in full, and any applicable delivery charges. However, the Customer will be responsible for the cost of returning the item to the Supplier; or
2. for any other legitimate reason (for instance, because the Customer considers that the Goods are defective), the Supplier will examine the returned Goods and, if a refund is to be paid (subject to clause 4.2), will notify the Customer of his refund within a reasonable period of time. In such case, the Supplier will process any necessary refund due to the Customer within 20 Business Days of the day the Supplier confirmed to the Customer that he was entitled to a refund. In such case, the Supplier will refund the price of the defective Goods in full, any applicable delivery charges and any reasonable and proportionate costs that the Customer incurs in returning the item to the Supplier.

1. the Customer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
2. the Customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;
3. (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Customer, other than for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;
4. (being an individual) the Customer is the subject of a bankruptcy petition or order;
5. a creditor or encumbrancer of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 10 Business Days;
6. (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Customer;
7. (being a company) a floating charge holder over the Customer's assets has become entitled to appoint or has appointed an administrative receiver;
8. a person becomes entitled to appoint a receiver over the Customer's assets or a receiver is appointed over the Customer's assets;
9. any event occurs, or proceeding is taken, with respect to the Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 7.2(a)to clause 7.2(h) (inclusive);
10. the Customer suspends, threatens to suspends, ceases or threatens to cease to carry on all or substantially the whole of its business;
11. the Customer's financial position deteriorates to such an extent that in the Supplier's opinion the Customer's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; and
12. (being an individual) the Customer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.

1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
2. fraud or fraudulent misrepresentation;
3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
4. defective products under the Consumer Protection Act 1987; or
5. any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.

1. the Supplier shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract (including any losses that may result from a deliberate breach of the Contract by the Supplier, its employees, agents or subcontractors); and
2. the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including losses caused by a deliberate breach of the Contract by the Supplier, its employees, agents or subcontractors shall not exceed the price of the Order.

1. he is legally capable of entering into binding contracts;
2. and he is at least 18 years old.

1. If the Customer is contracting as an individual consumer who placed the Order on the Website he may cancel a Contract at any time within five Business Days, beginning on the day after he receives the Goods. In this case, he will receive a full refund of the price paid for the Goods in accordance with the Supplier?s refunds policy (set out in clause 6.10(a) above).
2. To cancel a Contract in accordance with clause 10.2(a), the Customer (if contracting as an individual consumer who placed the Order on the Website) must inform the Supplier in writing. He must also return the Goods to the Supplier as soon as reasonably practicable, and at his own cost. The Customer will take reasonable care of the Goods while they are in his possession.

1. The Supplier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
2. The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Supplier.

1. Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal address (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier, fax or e-mail.
2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 10.4(a); if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by by fax or e-mail, one Business Day after transmission.
3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

1. If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
2. If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.