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Terms & Conditions

TERMS OF SALE

BACKGROUND: 

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Firewood is sold by Us to consumers through this website, https://www.buyfirewooddirect.co.uk/ (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Firewood from Our Site.  You will be required to read and accept these Terms of Sale when ordering Firewood.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Firewood through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation 

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:


“Contract” means a contract for the purchase and sale of Firewood, as explained in Clause 8;

“Firewood” means the Firewood sold by Us through Our Site;

“Order” means your order for Firewood;

“Order Confirmation” means our acceptance and confirmation of your Order;

“Order Number” means the reference number for your Order; and

“We/Us/Our” means Buy Firewood Direct, a company registered in England under 08886818, whose main trading address is 3 Crompton street, Bury, Greater Manchester, BL9 0AD.


2. Information About Us

2.1 Our Site, Buy Firewood Direct, a company registered in England under 08886818, whose main trading address is 3 Crompton st, Bury, Greater Manchester, BL9 0AD .  Our VAT number is 224711827.


3. Access to and Use of Our Site

3.1 Access to Our Site is free of charge.

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4 Use of Our Site is subject to our Website Terms of Use.  Please ensure that you have read them carefully and that you understand them.


4. Age Restrictions

4.1 Consumers may only purchase Firewood through Our Site if they are at least 18 years of age.


5. International Customers

Please note that We only sell to customers in the United Kingdom.  We do not accept orders from, or deliver to, customers outside the United Kingdom.


6. Firewood, Pricing and Availability

6.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Firewood available from Us correspond to the actual Firewood.  Please note, however, the following:

6.1.1 Images of Firewood are for illustrative purposes only.  There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;

6.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Firewood may vary; and

6.1.3 Due to the nature of the Firewood sold through Our Site, there may be variance in the colour, size, dimensions and measurements between the actual Firewood and the description.

6.1.4 Our product line consists of a variety of firewood including hardwoods such as alder, maple, birch, cherry, elm), mixed oak, ash and silver birch.  Proportions may vary. 

6.1.5 Whilst we season our logs, kiln dry them, thereby removing all moisture content, some whitish grey marks of mould may be present on the wood.  This is not the evidence of any live mould but merely markings on the wood.

6.1.6 Occasionally there is some sparking and spitting within the wood during burning.  Additionally, as with all dense hardwoods, initially fire may be hard to start.  

6.1.7        Firewood by its very nature is an imprecise product. We do everything we can to ensure our product meets and exceeds the above specification, nevertheless a tolerance of 4-5% should be applied to all of the specifications indicated in all our marketing literature.

6.2 Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Firewood, not to different Firewood altogether.  Please refer to Clause 10 if you receive incorrect Firewood (i.e. Firewood that are not as described).

6.3 We cannot guarantee that all types of Firewood will always be available.  Stock indications are provided on Our Site; however, such indications may not always be accurate as orders are being taken continuously.

6.4 Minor changes may, from time to time, be made to firewood we stock, between the time your Order is placed and Us processing that Order and dispatching the Firewood.  However, if any change is made that would affect your use of the Firewood, suitable information will be provided to you.

6.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Changes in price will not affect any order that you have already placed (please note sub-Clause 6.8 regarding VAT, however).

6.6 All prices are checked by Us before We accept your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the Firewood at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within 3 business days, We will treat your Order as cancelled and notify you of this in writing.

6.7 In the event that the price of Firewood you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

6.8 All prices on Our Site include 5% VAT.VAT on domestic solid fuel is levied at either the reduced rate (5%) or standard rate of VAT (20%). It is your responsibility to ensure that the VAT rate you use on your order is appropriate for your intended use. Buy Firewood Direct Limited will not be held responsible for the incorrect application of a VAT rate by a customer. For full details please follow to HMRC; notice 701/19. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

6.9 Delivery options and related charges will be presented to you as part of the order process.


7. Orders – How Contracts Are Formed

7.1 Our Site will guide you through the ordering process.  Before submitting your Order, you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.

7.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.

7.3 No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.

7.4 Order Confirmations shall contain the following information:

7.4.1 Your Order Number;

7.4.2 Confirmation of the Firewood ordered;

7.4.3 Fully itemised pricing for the Firewood ordered including, where appropriate, taxes, delivery and other additional charges;

7.5 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 business days.

7.6 Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Firewood unless you specifically request that We make a refund using a different method.


8. Payment

8.1 Payment for Firewood and related delivery charges must always be made in advance and you will be prompted to pay during the order process.  Your chosen payment method will not be charged until We dispatch your Firewood.

8.2 We accept the following methods of payment on Our Site, processed through Barclaycard Payment Gateway:

8.2.1 Visa;

8.2.2 Mastercard;

8.2.3 Maestro;

8.2.4 JCB.


9. Delivery, Risk and Ownership

9.1 All Firewood purchased through Our Site will normally be delivered as indicated by the date stipulated in the Order Confirmation, unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 13).

9.2 The contract between Buy Firewood Direct Limited 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 Buy Firewood Direct Limited 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 Buy Firewood Direct Limited of any damage to the order, in accordance with these Terms and Conditions.

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

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

9.5 We use a 3rd party carrier to deliver all our orders. Any liability arising from the delivery process lies strictly with the carrier.

9.6 All pallet firewood deliveries are delivered to the kerb-side. 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 Buy Firewood Direct Limited includes delivery to kerb-side only. Please ensure that you have the means to move the pallet(s) and their goods from the kerb-side to a suitable storage location. Please visit our delivery page to see the required access conditions for deliveries.

9.7 Standard Economy Delivery – Orders placed on a standard delivery basis for delivery within mainland England and Wales will typically arrive on the third or fourth working day, working day, including the day of dispatch. Exclusions applies, for full details please visit our delivery page.

9.8 Buy Firewood Direct Limited is unable to accept and fulfill any specific delivery date requested in the delivery comment notes. Where a customer requests delivery on a specific day in the delivery notes we will pass this request on to the hauliers, but the order will still be delivered as per our standard terms for that delivery service. Where a delivery is made contrary to the request in the delivery notes with respect to a specified day of delivery, Buy Firewood Direct Limited will entertain no liability for failing to comply with that request.

9.9 It is your solely responsibility to ensure that there is suitable access to the delivery place. 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 re-delivery fee of at least £40 + VAT + surcharges if applicable per 1 pallet.

9.10 Buy Firewood Direct Limited disclaims all liability from any damage and or death to any property and or person that may occur during the delivery process. Any liability for any damages that may occur during the delivery process lie strictly with our haulier

9.11 Free delivery means delivery costs are included in the final price.

9.12 Free delivery applies to some selected postcodes only.

9.13 Surcharges apply to ‘non free delivery postcodes'.

9.14 Ownership of the Firewood passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

9.15 Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Firewood unless you specifically request that We make a refund using a different method.


10. Faulty, Damaged or Incorrect Firewood

10.1 By law, We must provide Firewood that is of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples that you have seen or examined (unless We have made you aware of any differences).  If any Firewood you purchased does not comply and, for example, is severely damaged when you receive it, or if you receive incorrect (or incorrectly priced) Firewood, please contact Us in email sales@buyfirewooddirect.co.uk as soon as reasonably possible to inform Us of the fault, damage or error.  Your available remedies will be as follows:

10.1.1 Beginning on the day that you receive the Firewood (and ownership of them) you have a 14 calendar day right to reject the Firewood and to receive a full refund if it does not conform as stated above.

10.1.2 In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you the alternative or a partial refund.  

10.2 Please note that you will not be eligible to claim under this Clause 10 if We informed you of the fault(s), damage or other problems with the Firewood before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Firewood for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Firewood for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.  Please also note that you may not return Firewood to Us under this Clause 10 merely because you have changed your mind.  

10.3 Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.

10.4 Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Firewood unless you specifically request that We make a refund using a different method.

10.5 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

11. Cancelling and Returning Firewood if You Change Your Mind

11.1 If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason.  This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed.  You may also cancel for any reason before We send the Order Confirmation. 

11.2 You do not need to give any reason for cancelling your contract nor will you have to pay a penalty.

11.3 To cancel your contract, you must contact us in writing by sending an email to sales@buyfirewooddirect.co.uk.

11.4 Where goods have already been dispatched, they must be returned in perfect condition, unused and in the original packaging.

11.5 If you cancel your contract with us, you are responsible for returning the goods and covering any expenses incurred in doing so. You will receive a full refund within 30 days of cancelling your order, minus a maximum of £40 for restocking fee, which will be a true representation of our losses.

11.6 If you wish to return the products because they are faulty, you will receive a full refund within 30 days of returning your order, and you will not be charged a restocking fee. You need to provide reasonable evidence that you received goods which are of unsatisfactory quality, unfit for purpose or not as described. Acceptable evidence with the photographs should be sent in email to sales@buyfirwooddirect.co.uk.  

11.7 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Firewood and services, however please note that you are under no obligation to provide any details if you do not wish to.

11.8 Please ensure that you return Firewood to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 11.

11.9 Refunds under this Clause 11 will be issued to you within 14 calendar days of the following:

11.9.1 The day on which We receive the Firewood back; or

11.9.2 The day on which you inform Us (supplying evidence) that you have sent the Firewood back (if this is earlier than the day under sub-Clause 11.9.1); or

11.9.3 If We are collecting the Firewood under sub-Clause 11.7, the day on which you inform Us that you wish to cancel the Contract; or

11.9.4 If We have not yet provided an Order Confirmation or have not yet dispatched the Firewood, the day on which you inform Us that you wish to cancel the Contract.

11.10 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Firewood unless you specifically request that We make a refund using a different method.


12. Our Liability to Consumers

12.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

12.2 We make no warranty or representation that the Firewood is fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

12.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

12.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.


13. Events Outside of Our Control (Force Majeure)

13.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, severe weather, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

13.2.1 We will inform you as soon as is reasonably possible;

13.2.2 We will take all reasonable steps to minimise the delay;

13.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

13.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Firewood as necessary;

13.2.5 If the event outside of Our control continues for more than 30 business days We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 business days of the date on which the Contract is cancelled.


14. Communication and Contact Details

14.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at sales@buyfirewooddirect.co.uk.


15. Complaints and Feedback

15.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.


16. How We Use Your Personal Information (General Data Protection Regulation)

16.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

16.2 We may use your personal information to:

16.2.1 Provide Our services to you;

16.2.2 Process your Order (including payment) for the Firewood; and

16.2.3 Inform you of new products available from Us (if you opt or have previously opted to receive it).  You may request that We stop sending you this information at any time.

16.3 We will not pass on your personal information to any third parties without first obtaining your express permission.


17. Other Important Terms

17.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

17.2 You may not transfer (assign) your other obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission. 

17.3 The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.  

17.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.

17.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

17.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.  If you do opt to cancel, you must return any affected Firewood you have already received, and we will arrange for a full refund (including delivery charges) which will be paid within 14 days of your cancellation.


18. Law and Jurisdiction

18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.

18.2 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales as determined by your residency. 

18.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.


TERMS OF USE


BACKGROUND: 


These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.buyfirewooddirect.co.uk (“Our Site”).  Please read these Terms of Use carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site and You will be required to read and accept these Terms of Use when signing up for an Account before placing your Order.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.  



1. Definitions and Interpretation 

1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:


“Account” means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;

“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“User” means a user of Our Site;

“We/Us/Our” means Buy Firewood Direct, a company registered in England under 08886818, whose main trading address is 3 Crompton st, Bury, Greater Manchester, BL9 0AD.


2. Information About Us

2.1 Our Site, Buy Firewood Direct, a company registered in England under 08886818, whose main trading address 3 Crompton st, Bury, Greater Manchester, BL9 0AD.

2.2 Our VAT number is 224711827


3. Access to Our Site

3.1 Access to Our Site is free of charge.

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.


4. Accounts

4.1 Certain parts of Our Site (including the ability to purchase goods from Us) may require an Account in order to access them.

4.2 You may not create an Account if you are under 16 years of age.  

4.3 When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols.  It is your responsibility to keep your password safe. We will not be liable for any unauthorised use of your Account.

4.5 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the General Data Protection Regulation, as outlined in our Privacy Policy.

4.7 If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access. 


5. Intellectual Property Rights

5.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2 Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

5.3 You may:

5.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

5.3.2 Download Our Site (or any part of it) for caching;

5.3.3 Print one copy of any page(s) from Our Site;

5.3.4 Download extracts from pages on Our Site; and

5.3.5 Save pages from Our Site for later and/or offline viewing.

5.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

5.5 You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

5.6 Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.


6. Links to Our Site

6.1 You may link to Our Site provided that:

6.1.1 you do so in a fair and legal manner;

6.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

6.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and

6.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

6.2 You may link to any page of Our Site.

6.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  

6.4 You may not link to Our Site from any other site the main content of which contains material that:

6.4.1 is sexually explicit;

6.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;

6.4.3 promotes violence;

6.4.4 promotes or assists in any form of unlawful activity;

6.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

6.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

6.4.7 is calculated or is otherwise likely to deceive another person;

6.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

6.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.4);

6.4.10 implies any form of affiliation with Us where none exists;

6.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

6.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

7. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.


8. Disclaimers

8.1 Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only.  

8.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.  If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

8.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning goods for sale through Our Site.  Please refer to Our Terms of Sale for more information.

8.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content.  Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.


9. Our Liability

9.1 The provisions of this Clause 9 apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our Terms of Sale.

9.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

9.3 To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

9.4 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

9.5 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  However, subject to sub-Clause 8.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

9.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

9.7 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.


10. Viruses, Malware and Security

10.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

10.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

10.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

10.6 By breaching the provisions of sub-Clauses 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.


11. Acceptable Usage Policy

11.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 11.  Specifically:

11.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

11.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

11.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

11.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

11.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms of Use.  Specifically, We may take one or more of the following actions:

11.2.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

11.2.2 remove any User Content submitted by you that violates this Acceptable Usage Policy; 

11.2.3 issue you with a written warning;

11.2.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

11.2.5 take further legal action against you as appropriate;

11.2.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

11.2.7 any other actions which We deem reasonably appropriate (and lawful).

11.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.


12. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from https://www.buyfirewooddirect.co.uk/privacy-policy.