Terms and Conditions
1.0 General
These pages indicate the terms and conditions on which we supply any of the products
(products) listed on our websites. Please read these terms and conditions as well as our other policy statements carefully, and make sure that you understand them, before
ordering any products from our websites or over the telephone. It should be clear, and you should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
Although you should always think of the environment, we recommend you print a
copy or keep a digital copy of these terms and conditions for future reference.
By ordering products through our websites or via phone, email or in writing you are accepting our terms and conditions of business indicated.
1.1. Information about Effipap Ltd
1.12 We, Effipap Ltd, run and publish the following websites:
PelletKings.com
FirewoodKings.com
EquiKing.co.uk
ArniesLogs.com
WookiesLogs.com
CharliesLogs.com
JannerLogs.com
BelfastLogs.com
We are Effipap Ltd and with our registered office at East Farm, Codford, Warminster
BA12 0PG a company
registered in England and Wales under company number 09893461
our VAT number is 228281016.
2.0 Your status when you order our products and services
2.1 You are indicating by placing an order through our site or via the
phone that:
2.11 You are legally capable of entering into binding contracts; and
2.12 You are at least 18 years old.
2.13 You legally have the right to use the credit card, bank card, payment method that you are using to pay for the products.
2.14 Contract details between you and Effipap Ltd
2.15 The order you place constitutes an offer to us to buy an indicated
product(s). All orders are subject to acceptance by us, and we will
confirm such acceptance to you by sending you an e-mail or text
Order (Order Confirmation)/Payment Confirmation/Delivery
Information. The contract between us (Contract) will only be formed
when we send you the Order Confirmation.
2.16 We reserve the write to cancel the contract at any time.
2.2 The Contract will relate only to those products we have confirmed in
the Order Confirmation/Order/Invoice.
2.3 Delivery
2.31 Your order will usually be fulfilled within 5-9 working days of
despatch, unless there are exceptional circumstances:
2.32 Delivery is free on all orders over £100.00 when delivered via our standard delivery network within mainland UK (excluding some parts
of England, Scotland, the Highlands, Wales, Northern Ireland and all
islands - if unsure, please ask us before placing an order as these
destinations maybe subject to a delivery surcharge). Local charges are
often free and you should check the website for details.
2.33 You will be notified of delivery details within 48 hours of payment being received. This notification will include details of delivery and contact details. We reserve the right to change the notification process without notice.
2.34 Delivery is made Monday to Friday 8am to 8pm and you will be
required to sign for your order. If delivery cannot be made, then a redelivery
charge of £100.00 per pallet will be levied and charged to your
credit/debit card provided.
2.35 If no one is at the delivery address at the time indicated to sign to confirm receipt, the products will be left at your risk. And no credits, refunds or compensation will be offered.
2.36 Please note that if the products are delivered, storage becomes the customer/consumer responsibility. We highly recommend that you have planned for dry storage in place prior to delivery. We can accept no responsibility for damage during storage.
2.37 Pallets are delivered on a “Kerb Side” service and products will be delivered on pallets to the rear of the delivery vehicle: Please Note:
2.371 A pallet is too heavy for an individual to lift.
2.372 Our delivery staff will try to assist you with placing the pallet
in an appropriate location but our responsibility is to deliver
a “Kerb Side” service at the indicated delivery address, not to
place the pallet in a particular location on site. It may not be
always be possible for the complete pallet to be moved after
delivery (for example, on soft ground, uneven surfaces or
gravel driveways).
2.373 To discuss arrangements or if you have any concerns
about delivery or storage, please contact us directly.
2.375 Where the “Buy Now, Delivery Later” service has been purchased, please relate to the relevant section regarding delivery arrangements.
2.4 “Buy Now Deliver Later Service”
2.41 This service is covered by our Standard Terms and Conditions, however the following additions to our standard terms and conditions will apply with our “Buy Now Deliver Later Service” This service is designed to allow customers to buy at todays prices and store the goods free of charge for a designated period of time, 6 or 9 months. It is designed to protect the customer from market variations in price and supply.
2.412 The price payable will be the price at the time payment is made, any reductions in the advertised price after this date will not be refunded.
2.4121 If the published rate of ENplus A1 Pellets on the PelletKings.com web site increases by more than 25% between the date of purchase and the scheduled delivery date, Effipap reserve the right to charge the customer 50% of any increase or cancel the order, see 2.415.
2.142 The product purchased will be stored, free of charge, for the designated period indicated in the Order Confirmation, either 6 months or 9 months.
2.1421The customer is responsible for informing Effipap Ltd when they require the goods to delivered within the purchased period. Effipap Ltd are not responsible for contacting the customer during this period.
2.143 After the free storage period the customer will be liable for a storage fee of £5 per week, or part week, until the delivery date is confirmed, between Effipap Ltd and the Customer. This storage charge must be paid before delivery of the product can be made. Any payment can be made by Credit/Bank Card, Electronic Transfer or Bank Transfer. The customer may also opt to reduce the value of the stock to be delivered, to pay for any outstanding storage charges. With regard to pellets, the stock will be reduced by 2 bags per storage week owed.
2.144 Two months after the free storage period has ended the customers order will be cancelled and the money refunded, less storage charges, for the full period stored, at the published rate of £5 per week and an administration charge of £75.
2.415 Effipap Ltd, reserve the right to cancel the contract and refund any monies paid at any time.
2.416 If through no fault of Effipap Ltd, stock is not available to supply, an alternative date will be offered at no charge to the customer, or a full refund of all monies paid.
3. Prices and Payments
3.1. Product prices include VAT. However, if the rate of VAT changes
between the date of your order and the date of delivery, we will adjust
the VAT you pay in line with our legal obligations. If you are aware that you should be paying a higher rate of VAT, then you must make Effipap Ltd aware when ordering.
3.2. The price of the products on our website is accurate at that time. It is
subject to change at any time. Some products will be offered at sale prices from time to time, each offer is independent from separate offers. The exception always being any obvious error. Any quoted prices include delivery charges to destinations in England, Scotland, Northern Ireland and Wales excluding any relevant delivery surcharges covering certain areas of the UK. If a pricing error is obvious, unmistakeable and commercially unviable and could have reasonably been recognised an error, we do not have to provide the products or services to you at the incorrect (lower) price.
3.3 All product, service, administration and delivery prices and delivery
are liable to change at any time prior to your placing an order. We commit not to change the price of any order for which you have paid
and have received an Order Confirmation. However, in unforeseen circumstances we reserve the right to charge additional costs before delivery of products.
3.4 Payment for all products must be by credit or debit card or bank
Transfer or an acceptable payment method to Effipap Ltd.
4. Contractual risk and title
4.1 The products will be and remain your responsibility from the time of
delivery (signed or not). To protect your purchases please follow the
guidance below regarding storage of the products following delivery
and in particular:
4.11 Apply common sense, these products are made of wood
4.12 Our wood pellet products will always deteriorate unless stored
in a dry environment
4.13 Products are delivered in protective packaging, but this
packaging material will not protect your products from the weather or environmental conditions. Hence please ensure that the products are not left outside in wet weather after delivery.
4.14 The legal ownership of the products will pass to you on delivery of the products, provided we have received full payment of all sums due in respect of the products, including delivery and any surcharges.
5. Our returns and refunds policy
5.1 If you would like to cancel your order prior to despatch, please email
as soon as possible enquiries@pelletkings.com. If we confirm receipt
of your request and you’re your order has not been loaded for delivery
a full refund can be issued, less a minimum administration fee of £25
5.2 If you would like to return the bedding you have ordered after
despatch, you will need to email enquiries@pelletkings.com with your
reasoning, this will not impact your statuary rights. You are
responsible for all the costs of return or we can arrange collection at a
charge (The minimum charge will be £100.00). In order to return
pellets, all bags must be of the same quality as delivered (i.e., moisture
content must be the same as when delivered and the bag intact, no
refunds will be given for opened bags or pellets returned in packaging
other than the original bags) and the same quantity delivered. Return
request must be notified within 24 hours of delivery.
5.3. Pallets can get damaged in transit due to forklifts or many other
reasons. We are unable to replace any perforated or damaged bags.
We will consider where appropriate and offer to discount the loss off
your next order. We will require photographic evidence of any damage bags during the delivery process.
5.4 If any order arrives to you with any proven damage, we maybe be
able to compensate you for the amount of product lost provided you: -
5.41 Can supply a signed delivery note to indicate that the products
have been received with damages. We will require time and
dated photographic (mobile phone camera) evidence to
consider any claim for refunds or replacement products. (If
the delivery note is signed as received in good order, and the damages were not stated on the delivery note, we will not be
able to consider any claim).
5.5 Notify us by phone and email within one hour of delivery,
that you have received the order and have recorded any
damage visually. You will need to attach photographic
evidence (digital file) of the damage and inform us of the
amount of the product that was damaged, lost or unusable.
5.6 Refunds/returns will only be considered if the above steps
have been taken.
5.7 We shall only be liable to you for the purchase price of the
products and not any losses that you suffer as a result of our
failure to comply (whether arising in contract, tort including
negligence, breach of statutory duty or otherwise) which are a
foreseeable consequence of such failure.
5.8 We will not be liable for losses that result from our failure to
comply with these terms and conditions that fall into the
following categories:
5.81 loss of income or revenue.
5.82 loss of business or customers.
5.83 loss of profits.
5.84 loss of anticipated savings.
5.85 storage costs.
5.86 loss of data; or
5.87 waste of management or office time.
5.9 We will refund any money received from you using the same
method originally used by you to pay for your purchase(s).
6 Warranty
6.1 We warrant to you that any product or service purchased from us,
through our website(s) or via telephone, will on delivery, conform in
all material respects with its description, meet the advertised
specifications, be of satisfactory quality and specification and be
reasonably fit for all the purposes for which products of that kind are
commonly supplied.
6.2 Please note that damage caused to products by inappropriate storage
or movement following delivery is not covered by this warranty.
7 Our liability
7.1 If we fail to comply with these terms and conditions, we shall only be
liable to you for the purchase price of the products/services(s) and any
losses that you suffer, as a result of our failure to comply (whether
arising in contract, tort -including negligence), breach of statutory
duty, responsibility or otherwise) which are foreseeable
consequence of such failure.
7.2 We will not be liable for losses that result from our failure to comply
with these terms and conditions that fall into the following categories:
7.21 loss of income or revenue;
7.22 loss of business;
7.23 loss of profits;
7.24 loss of anticipated savings;
7.25 storage costs;
7.26 loss of data; or
7.27 waste of management or office time.
7.3 Nothing in this agreement excludes or limits our liability for:
7.31 death or personal injury caused by our negligence.
7.32 fraud or fraudulent misrepresentation.
7.33 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.
7.34. defective products under the Consumer Protection Act 1987.
or any other matter for which it would be illegal for us to
exclude or attempt to exclude our liability.
7.4 Our liability to you is also limited by clauses 7,8, 9 and 10
7.5 Where you buy any product from a third-party seller through our site,
the seller's individual liability will be set out in the seller's terms and
conditions.
7.6 Transfer of rights and obligations
8 Contract
8.1 The contract between you and us is binding on you and us and
on our respective successors and assignees.
8.2 You may not transfer, assign, charge or otherwise dispose of a
Contract, or any of your rights or obligations arising under it,
without our prior written consent.
8.4 We may transfer, assign, charge, sub-contract or otherwise
dispose of a Contract, or any of our rights or obligations
arising under it, at any time during the term of the Contract.
8.5 Written communications, applicable laws require that some of the
information or communications we send to you should be in writing.
When using our site, you accept that communication with us will be
mainly electronic. We will contact you by e-mail or provide you with
information by posting notices on our website. For contractual
purposes, you agree to this electronic means of communication and
you acknowledge that all Contracts, notices, information and other
communications that we provide to you electronically comply with
any legal requirement that such communications be in writing. This
condition does not affect your statutory rights.
9. Transfer of rights and obligations
9.1 The Contract between you and us is binding on you and us
and on our respective successors and assignees.
9.2 You may not transfer, assign, charge or otherwise dispose of a
Contract, or any of your rights or obligations arising under it,
without our prior written consent.
9.3 We may transfer, assign, charge, sub-contract or otherwise
dispose of a Contract, or any of our rights or obligations
arising under it, at any time during the term of the Contract.
10 Events outside our control
10.1 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 events outside our reasonable
control (Force Majeure Event).
10.2 A Force Majeure Event includes any act, event, nonhappening,
omission or accident beyond our reasonable
control and includes (without limitation) the following:
10.21 strikes, lockouts or other industrial action;
10.22 civil commotion, riot, invasion, terrorist attack or
threat of terrorist attack, war (whether declared or
not) or threat or preparation for war;
10.23 fire, explosion, storm, flood, earthquake, subsidence,
epidemic, pandemic or other natural disaster;
10.24 impossibility of the use of railways, shipping, aircraft,
motor transport or other means of public or private
transport;
10.25 impossibility of the use of public or private
telecommunications networks;
10.26 the acts, decrees, legislation, regulations or
restrictions of any government; and pandemic or
epidemic.
10.27 Unforeseen circumstances of the UK leaving the EU, changes in the European Trading Model.
10.3 Our performance under any Contract is deemed to be
suspended for the period that the Force Majeure Event
continues, and we will have an extension of time for
performance for the duration of that period. We will use our
reasonable endeavours to bring the Force Majeure Event to a
close or to find a solution by which our obligations under the
Contract may be performed despite the Force Majeure Event.
11. Waiver
11.1 If we fail, at any time during the term of a Contract, to insist
upon strict performance of any of your obligations under the
Contract or any of these terms and conditions, or if we fail to
exercise any of the rights or remedies to which we are entitled
under the Contract, this will not constitute a waiver of such
rights or remedies and will not relieve you from compliance
with such obligations.
11.2 A waiver by us of any default will not constitute a waiver of
any subsequent default.
12. Severability
12.1 If any court or competent authority decides that any of the
provisions of these terms and Conditions or any provisions of
a Contract are invalid, unlawful or unenforceable to any
extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest
extent permitted by law.
13. Entire agreement
13.1 These terms and conditions and any document expressly
referred to in them constitute the whole agreement between us
and supersede all previous discussions, correspondence,
negotiations, previous arrangement, understanding or
agreement between us relating to the subject matter of any
Contract.
13.2 We intend to rely upon these Terms and Conditions and any
document expressly referred to in them in relation to the
subject matter of any Contract. While we accept responsibility
for statements and representations made by our duly
authorised agents, please make sure you ask for any variations
from these terms and conditions to be confirmed in writing.
Also, ask any agent to confirm their position and
responsibility as an agent.
14 Our right to vary these terms and conditions
14.1 You will be subject to the Policies and Terms and Conditions
in force at the time that you order products from us, unless
any change to those Policies or these Terms and Conditions is
required to be made by law or governmental authority (in
which case it will apply to orders previously placed by you),
or if we notify you of the change to those Policies or these
Terms and Conditions before we send you the Order
Confirmation (in which case we have the right to assume that
you have accepted the change to the Terms and Conditions,
unless you notify us to the contrary within seven working
days of receipt by you of the products).
15. Law and jurisdiction
15.1 Contracts for the purchase of products through our site and
any dispute or claim arising out of or in connection with them
or their subject matter or formation (including non-contractual
disputes or claims) will be governed by English law. Any
dispute or claim arising out of or in connection with such
Contracts or their formation (including non-contractual
disputes or claims) will be subject to the non-exclusive
jurisdiction of the courts of England and Wales.
16. Third party rights
16.1 A person who is not party to these Terms and Conditions or a
Contract shall not have any rights under or in connection with
them under the Contracts (Rights of Third Parties) Act 1999.
Our returns and refunds policy see below
5.1 If you would like to cancel your order prior to despatch, please email
as soon as possible enquiries@pelletkings.com. If we confirm receipt
of your request and you’re your order has not been loaded for delivery
a full refund can be issued, less a minimum administration fee of £25
5.2 If you would like to return the bedding you have ordered after
despatch, you will need to email enquiries@pelletkings.com with your
reasoning, this will not impact your statuary rights. You are
responsible for all the costs of return or we can arrange collection at a
charge (The minimum charge will be £100.00). In order to return
pellets, all bags must be of the same quality as delivered (i.e., moisture
content must be the same as when delivered and the bag intact, no
refunds will be given for opened bags or pellets returned in packaging
other than the original bags) and the same quantity delivered. Return
request must be notified within 24 hours of delivery.
5.3. Pallets can get damaged in transit due to forklifts or many other
reasons. We are unable to replace any perforated or damaged bags.
We will consider where appropriate and offer to discount the loss off
your next order. We will require photographic evidence of any damage bags during the delivery process.
5.4 If any order arrives to you with any proven damage, we maybe be
able to compensate you for the amount of product lost provided you: -
5.41 Can supply a signed delivery note to indicate that the products
have been received with damages. We will require time and
dated photographic (mobile phone camera) evidence to
consider any claim for refunds or replacement products. (If
the delivery note is signed as received in good order, and the damages were not stated on the delivery note, we will not be
able to consider any claim).
5.5 Notify us by phone and email within one hour of delivery,
that you have received the order and have recorded any
damage visually. You will need to attach photographic
evidence (digital file) of the damage and inform us of the
amount of the product that was damaged, lost or unusable.
5.6 Refunds/returns will only be considered if the above steps
have been taken.
5.7 We shall only be liable to you for the purchase price of the
products and not any losses that you suffer as a result of our
failure to comply (whether arising in contract, tort including
negligence, breach of statutory duty or otherwise) which are a
foreseeable consequence of such failure.
5.8 We will not be liable for losses that result from our failure to
comply with these terms and conditions that fall into the
following categories:
5.81 loss of income or revenue.
5.82 loss of business or customers.
5.83 loss of profits.
5.84 loss of anticipated savings.
5.85 storage costs.
5.86 loss of data; or
5.87 waste of management or office time.
5.9 We will refund any money received from you using the same
method originally used by you to pay for your purchase(s).