The term ‘Eco Log Burners’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 42a Sandbanks Road, Poole, Dorset, BH14 8BY. The term ‘you’ refers to the user or viewer of our website or services.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
The policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and website owners. Furthermore the way this website processes, stores and protects user data and information will also be detailed within this policy.
This website and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies to all UK national laws and requirements for user privacy.
Cookies are small files saved to the user's computers hard drive that track, save and store information about the user's interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.
Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors.
Other cookies may be stored to your computers hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.
Contact & Communication
Users contacting this website and/or its owners do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998. Every effort has been made to ensure a safe and secure form to email submission process but advise users using such form to email processes that they do so at their own risk.
This website and its owners use any information submitted to provide you with further information about the products / services they offer or to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the website operates but only if this was made clear to you and your express permission was granted when submitting any form to email process. Or whereby you the consumer have previously purchased from or enquired about purchasing from the company a product or service that the email newsletter relates to. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details are not passed on to any third parties.
This website operates an email newsletter program, used to inform subscribers about products and services supplied by this website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user.
Subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003. All personal details relating to subscriptions are held securely and in accordance with the Data Protection Act 1998. No personal details are passed on to third parties nor shared with companies / people outside of the company that operates this website. Under the Data Protection Act 1998 you may request a copy of personal information held about you by this website's email newsletter program. A small fee will be payable. If you would like a copy of the information held on you please write to the business address at the bottom of this policy.
Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity [this is by no far a comprehensive list].
This information is used to refine future email campaigns and supply the user with more relevant content based around their activity.
In compliance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003 subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable clear instructions on how to un-subscribe will by detailed instead.
Although this website only looks to include quality, safe and relevant external links, users are advised adopt a policy of caution before clicking any external web links mentioned throughout this website. (External links are clickable text / banner / image links to other websites, similar to; Folded Book Art or Cottages in Pembrokeshire.)
The owners of this website cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should therefore note they click on external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
Adverts and Sponsored Links
This website may contain sponsored links and adverts. These will typically be served through our advertising partners, to whom may have detailed privacy policies relating directly to the adverts they serve.
Social Media Platforms
Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
Shortened Links in Social Media
This website and its owners through their social media platform accounts may share web links to relevant web pages. By default some social media platforms shorten lengthy urls [web addresses] (this is an example: http://bit.ly/zyVUBo).
Users are advised to take caution and good judgement before clicking any shortened urls published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine urls are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.
Terms and Conditions
THE FOLLOWING TERMS AND CONDITIONS WILL APPLY TO YOUR ORDER. PLEASE MAKE SURE THAT YOU READ THEM CAREFULLY BEFORE ENTERING INTO THIS AGREEMENT.
WE DRAW YOUR ATTENTION TO YOUR CANCELLATION RIGHTS IN CLAUSE 11 AND THE LIMITS OF OUR LIABILITY IN CLAUSE 15.
- Words used in these Terms
- "Customer Advisor" means a member of the Eco Log Burners staff, who is not a qualified tradesman, who produces a Plan for you or assists you with the production of a Plan.
• "Delivery Terms" means the terms that apply to our Product delivery services, full details of which can be found on our Website.
• "Estimate" means an estimated price for Products and/or Services. It is not part of the Order and cannot be accepted by you.
• "Order" means your order for the Products, Services and/or a Survey (as applicable), placed through our Website, by telephone, email or using such other means as we may permit from time to time.
• "our agreement" means the agreement pursuant to which we provide the Products, Services and/or Surveys, comprising these Terms and any additional terms that apply to any Services we provide, quote we give or any promotional or special offers.
• "Products" means the goods and products that we sell.
• "Quotation" means a fixed price for Products and/or Services provided by us against which you can place an Order in accordance with these Terms.
• "Order Confirmation" means a document provided by us to you which confirms your Order and which contains details of the Products, Services and/or Survey(s) (as applicable) to be supplied to you together with the price for those Products, Services and/or Survey(s).
• "Services" means the services ordered by you and set out in the Quotation and/or Sales Advice (as the case may be).
• "Survey" means a visual inspection of the area specified by you in order to produce a Quotation.
• "Terms" means the terms and conditions set out in this document.
• "we", "us" or "our" means the Eco Log Burners entity from whom you order and purchase Products, Services and/or Surveys (as applicable), namely (depending on the circumstances):
• for UK customers (and customers in the Isle of Man), Eco Log Burners Ltd, a brand of Womack Building and Property maintenance, a company registered in England and Wales (company number 10742254), whose registered office is 42a Sandbanks road, Poole, Dorset, BH14 8BY, United Kingdom• "Website" means the website (www.ecologburner.co.uk) (or such other URL as we may specify from time to time)) that is operated by us or on our behalf.
• "you" or "your" means the person(s) placing an Order.
- Basis of sale
- These Terms apply to your Orders for, and purchases of, Products, Services and/or Surveys in connection with Eco Log Burners and such other service offerings as we may determine from time to time.
- Please check that your Order (and where relevant your Quotation) is complete and accurate before you commit yourself to your Order. Following receipt of your Order we may (depending on the nature of your Order) provide you with an Order Confirmation. Please check the Order Confirmation when you receive it; you must notify us if the Order Confirmation is inaccurate.
- You will have an opportunity to check and correct any input errors in your Orders via the Website up until the point at which you submit your Order by clicking the confirm order and pay (or similar) button on the checkout page of our Website. Please carefully check your Order at each stage of the order process. Once you have clicked the confirm order and pay (or similar) button, you will need to pay for your Order.
- Your Order is an offer to purchase from us. When you place an Order with us, you do so in accordance with these Terms, subject to our acceptance of your Order.
- Unless we have notified you that we do not accept your Order or you have cancelled it in accordance with our returns policy, we accept your Order as follows:
- where you place an Order via the Website, we accept your Order: (i) seven days after the date of the Order; or (ii) when we start to provide the Survey or Services or make the Products to your specification or despatch the Products or the Products are collected by you from our warehouse (as the case may be), whichever is earlier;
- when you place an Order by telephone, we accept your Order when we confirm that the Order has been placed and processed.
- These Terms (and our agreement) will become binding on you and us when we accept your Order as described in the preceding paragraph. The processing of your payment and acknowledgment of receipt of your Order (whether by email, telephone or otherwise) does not constitute legal acceptance of your Order.
- We may choose not to accept your Order for any reason and we will not be liable to you or to anyone else in those circumstances. If we do not accept your Order (whether in whole or in part) we will refund any monies paid in connection with that Order (or that part of the Order that we do not accept).
- If we accept your Order, we have a legal duty to supply any Products ordered in conformity with our agreement.
- These Terms are between you and us, regardless of whether a third party pays for the Order.
- The provision of the Services may be subject to additional terms. Where this is the case, these additional terms will be brought to your attention.
- These Terms are only in the English language. These Terms will not be filed by us.
- If you view these Terms via our Website, you should print a copy of these Terms or save them to your computing device for future reference.
- Quotations, Estimates and Surveys
The following terms apply where we carry out a Survey and provide you with an Estimate in advance of the Survey and a Quotation following the Survey:
- If we give you an Estimate it is indicative only and subject to us carrying out a Survey. You will need to place an Order for the Survey.
- If we carry out a Survey you will need to bring to our attention anything which is relevant to the Products and/or Services you require.
- After we have carried out a Survey we will normally give you a Quotation for the Products and/or Services.
- The Quotation will include a schedule setting out the Products and/or Services we are quoting to provide (“Schedule of Works”).
- Quotations are only valid for the period of days specified on the Quotation or, where none is specified, 14 days from the date of the Quotation. If you do not accept a Quotation by placing an Order within this period, the Quotation is withdrawn unless we agree otherwise in writing.
- If a Survey is required but we are unable to carry out an appropriate visual inspection (for example, if building works are not complete) we may need to carry out a second Survey and we reserve the right to charge an additional fee for that second Survey.
- Changes to your Order and/or Quotation (including the Schedule of Works, price and delivery dates) may be required as a result of the second Survey. If changes are required we will provide you with an amended Quotation or a new Quotation. If you do not accept the amendments or the new Quotation, we will cancel the Order and you will receive a refund of the price paid (if any), excluding the Survey fees.
- Services: General
- We will only carry out the Services using Products that you have purchased from us or an authorised third party acting on our behalf, unless we agree otherwise. You must ensure that the Products you select and purchase are suitable for your needs and are suitable for the Services you order.
- You will need to obtain all necessary planning permissions, local authority consents and other consents and permissions required for the Services before they start. It is not our responsibility to check that you have obtained any required consents or permissions. You must allow us or our agent to inspect these consents and permissions if we ask.
- You must inform us if the property where the Services are to be provided is listed, located within a conservation area or otherwise subject to restrictions which may impact on the Services. It is your responsibility to check that the Services will not violate any such restrictions.
- We will only provide the Services set out in the Order Confirmation or, where relevant, the Quotation and/or Schedule of Works or as otherwise agreed between you and us. If you want us to provide any additional services we may need to agree an additional Order with you.
- The Services will be provided with reasonable skill and care. We will try to keep disruption to water, gas and electricity supplies to a minimum.
- The Services may be provided by a third party on our behalf.
- You will need to provide us, and any third party carrying out the Services on our behalf, with free, safe and proper access to the property concerned (including the loft and garden) and free, safe and proper storage for our and (where relevant) their equipment and property while carrying out the Services, including an area to store any waste and also for any Products we deliver to you before the Services start (if any). You will take such other steps as you reasonably can to enable us to provide the Services.
- We reserve the right to refuse to provide the Services and cancel your Order where we have reasonable grounds for doing so (such as concerns over the safety of our employees and contractors or where you ask us to perform the Services in a manner that contradicts our reasonable recommendations). If we cancel your Order in these circumstances, you will receive a refund of the price paid.
- If we have agreed to remove pre-existing units, fixtures or fittings this may necessarily cause some damage to surrounding areas. We will try to limit the amount of damage caused but unless we have agreed to do so or we have failed to exercise reasonable skill and care, the Services do not include us ‘making good’ any damage caused, painting, decorating or tiling.
- Unless we agree otherwise or unless resulting from the negligence of us or any subcontractor appointed by us, the Services do not include, and we shall not be responsible for, the correction of:
- any faults or failures in the supply of water, electricity, gas or other services to the property where the Services are to be provided nor any faults or failures in the water or drainage systems or any other conduits or systems connected to the property; or
- accidental or wilful damage or defective works caused by other persons in relation to the property where the Services are to be provided.
- Any reduction in energy consumption (including any calculation of potential costs savings) that we provide to you is approximate only and, unless we have failed to take reasonable skill and care, we shall not be responsible if the reduction or savings are not achieved following the provision of the Services.
- Unless we agree otherwise, the Services do not include the removal of any waste and you will need to make your own arrangements for the disposal of such waste.
- Additional works
- If additional works are: (i) found to be necessary (including the removal and disposal of asbestos and any other hazardous substances); or (ii) requested by you, in each case during the course of the provision of the Services, we reserve the right to charge additional fees for the Products and/or Services to be provided. Where such additional works are found to be necessary, work under your Order will be suspended and we may provide you with a quotation for the additional work. If you accept the quotation we will recommence work under your Order and carry out the additional works. The provision of additional works may be subject to separate terms and conditions.
- Such additional work may be fundamental to the provision of the Products and/or Services and, as a result, we reserve the right to suspend the provision of the Products and/or Services until such additional works have been completed, whether by us or a third party to our satisfaction. If you do not agree to the additional works, you may cancel your Order and you will be liable to pay our charges for the Products provided and/or Services carried out prior to cancellation. You will only receive a refund for that part of the Services not provided and those Products which we have not made or started to make to your specification and/or which have not been installed prior to cancellation.
- If you do not agree to the additional works and cancel your Order we will not be responsible for ‘making good’ any damage or disruption caused, painting, decorating or tiling and, although we will try to limit the amount of damage and disruption caused, we will not be responsible for putting the property where the Services are to be provided back in the condition it was in prior to us providing the Products and/or Services, unless we have agreed to do so or we have failed to exercise reasonable skill and care.
- Prices, payment and availability
The following terms apply to prices determined solely from information you provide to us and where we have not provided you with an Estimate or Quotation:
- In order to ascertain the price payable for the Services you Order, you must provide us with certain information in response to our questions about the property where the Services are to be provided. The initial price you pay for your Order is calculated based upon your responses to these questions.
- When we attend the property to carry out the Services, we will verify that the initial price you have paid for your Order is correct. If we determine (in accordance with our list prices) that the total cost of your Order will exceed your initial payment, we reserve the right to charge additional fees for the Services to be provided. If you do not accept the additional fees we will cancel the Order and you will receive a refund of the price paid. If we determine that the total cost of your Order will be less than your initial payment, you will receive a refund of the amount you have paid that exceeds the total cost of your Order.
The following terms apply in all circumstances:
- You must pay for all Surveys, Services and Products you purchase from us or an authorised third party on our behalf (if any), together with associated VAT (or GST (as defined below)) and delivery charges, in advance, unless we have agreed otherwise in advance in writing. Payment must be made by credit or debit card if you place your Order by telephone.
- All prices include applicable sales tax (including VAT or (in Jersey only) applicable Goods and Services Tax (“GST”)), unless expressly stated otherwise. The rate of sales tax will be determined in accordance with applicable law. The exact amount of sales tax will be shown on the sales tax invoice (where provided).
- Prices for Products exclude delivery charges unless expressly stated otherwise. Delivery charges vary depending on the Products you order, the delivery address and the delivery method you select; please see our Delivery Terms for further details.
- In the event that the total cost of your Order differs from the initial price you paid, such that an additional payment or refund (as the case may be) is required that post-dates a change in the rate of sales tax, we may adjust the sales tax you pay for the total cost of your Order in accordance with applicable law.
- If you only place an Order for a Survey you will only be obliged to pay the Survey fee set out in the Estimate, Order Confirmation or otherwise notified to you. You will need to pay for each Survey regardless of whether or not you decide to accept our Quotation and place an Order for Products and/or Services.
- We may update prices at any time. Despite our best efforts, we may occasionally misprice our Surveys, Services and/or Products. If this happens then we will not be obliged to supply the Survey, Services and/or Products at the incorrect price or at all. We will (at our discretion) either cancel your Order (and refund the price you have paid) or endeavour to contact you and ask you whether you wish to continue with the Order at the correct price. If we are unable to contact you or you do not wish to continue with the Order at the correct price, we will cancel your Order and refund the price you have paid.
- From time to time we may apply promotional prices to our Surveys, Services and/or Products, including Website only prices. These promotional prices will only apply in the context in which the promotion is given and are subject to the terms of that promotion. To take advantage of promotional prices, you must quote the relevant promotion code when you order (where applicable). We may update promotions at any time.
- If you use a credit/debit card to pay for your Order, you must use your credit/debit card or a credit/debit card that you are otherwise authorised to use. All credit/debit card holders are subject to validation checks by third parties and authorisation by the card issuer. If the issuer of the card refuses to authorise payment or any other validation checks return adverse results, we will not accept your Order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
- We are not responsible for the card issuer or bank charging the cardholder as a result of our processing of the credit/debit card payment in accordance with your Order.
- All Products are subject to availability. If you order Products which are not available from stock, we will take reasonable steps to contact you to discuss how you wish to proceed. You will have the option to wait until the Products are available from stock, or cancel your Order for those Products. If the Products are unlikely to be restocked (or we are unable to contact you), we will cancel your Order for those Products and refund the price you have paid for those Products.
- If you provide us with measurements you must ensure they are correct and accurate. You are responsible for the accuracy of measurements you provide.
- If there is an error in the measurements you supply and the Products and/or Services are made or supplied to those measurements, we will not refund the cost of the Products and/or Services provided, unless the Products are faulty or we have failed to exercise reasonable skill and care.
- Delivery/Start of work
- We will take reasonable steps to meet any estimated date(s) set out on the Quotation, Order Confirmation or as otherwise agreed between us for starting the Services. Subject to availability and our Delivery Terms, where we have agreed to deliver Products, we will use reasonable endeavours to do so on any specified date we agree, or if no date is specified, within 30 days of the date of your Order for those Products. Occasionally these date(s) may be affected by factors beyond our reasonable control and so these date(s) cannot be guaranteed. We do not recommend removing fixtures and fittings that provide essential day to day services, until shortly before the Services are due to start or (where applicable) you have received your ordered Products and checked all of them for any defects or missing parts. We will let you know if we become aware of an unexpected delay and will arrange a new date with you.
- You must take reasonable steps to collect or take delivery of the Products (where applicable) and do everything you reasonably can to ensure that we can start the Services on any estimated or specified date(s). Where the Services require Products purchased by you separately to your Order, you are responsible for ensuring that you have sufficient suitable Products for us to perform the Services and those Products are available at the property when we start the Services. If you do not have sufficient suitable Products, we may need to arrange a subsequent visit to complete the provision of the Services and we reserve the right to charge you a further fee for this. You must let us know if you wish to re-arrange the delivery/commencement date(s) and we will arrange a new date with you.
- If we are unable to start the Services or deliver the Products (where applicable) as a result of your action or inaction (for example, you are not present at the property or you have not cleared the area where the Services are to be provided), we will need to arrange a subsequent visit to complete the provision of the Services or deliver the Products and we reserve the right to charge you a further fee for this.
- Unless we have agreed otherwise, Products must be signed for on delivery by a person aged 18 or over. Delivery will be completed when we deliver the Products to the address you specified in your Order.
- For reasons of health and safety and to avoid any property damage, certain Products can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant Products need to be transported from the delivery location, unless we have agreed to do this as part of the Services.
- Risk and ownership
For UK, Éire and Guernsey customers:
- If any Products are provided to you by us or an authorised third party on our behalf, on delivery of the Products to you (or collection of the Products by you), all risk of damage to, or loss of, them shall pass to you and you will be responsible for them.
For Jersey customers:
- If any Products are provided to you by us or an authorised third party on our behalf, save as set out in the Supply of Goods and Services (Jersey) Law 2009, on delivery of the Products to you (or collection of the Products by you), all risk of damage to, or loss of, them shall pass to you and you will be responsible for them.
For all customers:
- You will need to safely and properly store any Products which are delivered to you before Services start (where applicable).
- Ownership of the Products will only pass to you on the later of us:
- receiving full payment for the Products from you; and
- providing the Products to you.
- Until ownership of the Products passes from us to you, you shall hold the Products on our behalf and shall store the Products at your own cost separately from all other products in your possession and marked in such a way that they are clearly identified as our property.
- If you cancel your Order, you must keep good care of the Products before returning them to us.
- Cancellation and returns
This section sets out our cancellation and returns policy. Our cancellation and returns policy set out below is in addition to and does not affect your legal rights as a consumer.
If your Order is for Services only, please see Clause 11.1 for your cancellation rights.
If your Order is for Products and Services (Supply and Install), please see Clause 11.2 for your cancellation rights.
If your Order is for Products only, please see Clause 11.3 for your cancellation rights.
If your Order is a Supply and Install Order, you may cancel the Services element and the Product element separately in accordance with Clause 11.1 and Clause 11.3 respectively.
11.1 Order for Services
- You may cancel your Order for the Services for any reason after you have placed your Order and thereafter for up to 14 days commencing the day after the date we accept your Order (as set out in Clause 2).You will lose your right to cancel after the expiry of this period.
- You can exercise your right to cancel your Order by contacting us. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- If we have not started to provide the Services at your request before the end of the cancellation period you will receive a full refund of the price paid for the Services.
- If we start providing the Services at your request before the end of this period then you will be required to pay our charges for the Services carried out prior to you contacting us.
- You will only receive a refund for that part of the Services not provided. You will not have the right to cancel your Order for Services once we have completed those Services.
- Any refund will be paid within 30 days after the day on which you inform us of your decision to cancel your Order and will be made using the same means of payment as you used to pay for the Order, unless we agree otherwise.
10.2 Order for Products and Services (Supply and Install)
- You may cancel your Supply and Install Order for any reason after you have placed your Order and thereafter for up to 14 days commencing the day after the date we accept your Order (as set out in Clause 2).You will lose your right to cancel the Services element of your Order after the expiry of this period.
- You can exercise your right to cancel your Order by contacting us. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- If we have not started to provide the Services at your request or make the Products to your specification before the end of the cancellation period you will receive a full refund of the price paid for the Products and Services (subject to the provisions of Clause 11.3).
- If we start to provide the Services or make the Products to your specification at your request before the end of this period then you will be required to pay for the Services carried out and for the Products which we have made or have started to make to your specification and/or which have been installed, prior to you contacting us.
- Subject to the provisions of Clause 11.3, you will only receive a refund for that part of the Services not provided and those Products which we have not made or started to make to your specification and/or which have not been installed prior to you contacting us. You will not have the right to cancel your Order for Services once we have completed those Services.
- Any refund for the Services will be paid within 30 days after the day on which you inform us of your decision to cancel your Supply and Install Order and will be made using the same means of payment as you used to pay for the Order, unless we agree otherwise.
- The conditions, time limits and procedures for exercising your right of cancellation with respect to the Product element of your Supply and Install Order (including the arrangements for receiving a refund) are set out in Clause 11.3.
10.3 Order for Products
- You may cancel your Order for Products for any reason before dispatch (where applicable) or within 45 days after the date of delivery or collection (as the case may be) by contacting us. Where your Order comprises multiple delivery shipments, the 45 day cancellation period for the Products in your Order runs from the date of the delivery of the last shipment to you.
- You will lose your right to cancel after the expiry of this period (this does not affect your rights if there is any problem with the Products).
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- The right to cancel in respect of Products is subject to the following exclusions:
- Products which are cut, made to measure or mixed to your requirements, or otherwise customised or made to your specifications will not be exchanged or refunded unless they are faulty or incorrectly delivered;
- Products which are liable to deteriorate or expire rapidly, including perishable Products will not be exchanged or refunded unless they are faulty or incorrectly delivered;
- your right of cancellation does not apply to Products which are not suitable for return due to health or hygiene reasons, if you have opened the Product packaging after delivery or collection; and
- your right of cancellation does not apply to Products which become mixed inseparably with other items after delivery or collection (which may be the case where the Products are installed).
- In relation to Products delivered to you, you may need to take delivery of the Products before you can cancel your Order if the Products are placed into our delivery process before we receive your notice of cancellation. This does not affect your rights under this Clause and Clause 12.
- Following cancellation, we will refund you the price paid for the cancelled Products, less any collection or return costs or charges (if any). Where you cancel the entire Order, we will also refund the standard delivery charges paid (if any) or an amount equal to those charges if you elect to use a more expensive delivery method. Where you cancel part of an Order, we may recalculate any applicable delivery charge and deduct this from the refund. We will pay the refund within 30 days after the day:
- you notified us to cancel your Order, where you have not received the Products (and the Products have not been dispatched to you); or
- we receive the Products you returned to us, where you are in receipt of the Products; or
- you provide us with a proof of return for the Products, where you have returned the Products but we have not yet received them.
- The refund will be made using the same means of payment as you used to pay for the Order, unless we agree otherwise.
- You must arrange for the return of the Products as soon as possible and in any event not later than 14 days after the day on which you cancel your order, unless we agree that you may dispose of the Products (in which case you must comply with any disposal instructions). Unless the Products are faulty or not as described or purchased and delivered simultaneously while we are in the property where the Services are provided, you will be responsible for the cost of returning the Products. For certain Products we offer a collection service. Please contact us for further details. We may charge a fee for this service (the fee will depend on the Products returned).
- You must keep the Products you wish to return in your possession and take reasonable care of the Products at all times while they are in your possession. This means that you must not use the Products (except to the extent reasonably necessary to inspect and examine them).
- We reserve the right to make a deduction from the amount of any refund for loss in value of the Products returned where the Products show signs of unreasonable use; for these purposes, unreasonable use includes handling the Products beyond what is necessary to establish the nature, characteristics and functioning of the Products, in particular, if it goes beyond the sort of handling that might reasonably be allowed in a shop. Where you are in possession of the Products (or they have been dispatched to you), we may withhold any refund until we have received the Products or you have supplied proof of return for the Products.
- Faulty Products
- On receipt of the Products you must check they match your Order. If there is any problem, or if they are defective or damaged you must notify us as soon as is reasonably possible. Claims may be reduced or rejected if we have not been given an opportunity to put matters right.
- In addition to the right to cancel an Order as described in Clause 11, if there is a problem with the Products or the Products are faulty, we may make good any shortage or non-delivery, or offer a repair, exchange or refund as appropriate in accordance with your consumer rights. Please contact us to arrange.
- Our right to cancel
- We may cancel our agreement by notice in writing to you if you are in breach of your agreement with us, you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon cancellation, any money due to us in respect of our agreement which has been cancelled shall become immediately due and payable and we shall be under no further obligation to provide Products, Services or Surveys to you, provided that where you have paid for Products, Services and/or Surveys in advance of our cancellation of our agreement, we shall, at our discretion, supply those Products, Services or Surveys to you or cancel the provision of the same and refund the price you paid.
- Use of your personal information
- In the course of our dealings with you we will collect and process personal information about you, including to administer and process your Order, and to provide the Survey, Products and/or Services. If the Survey, Products and/or Services are provided by a third party on our behalf, your personal information will be passed to the third party for those purposes. We may also engage third parties to verify and audit the Services that are performed for quality control and regulatory purposes; in these circumstances, your personal information will be disclosed to the third party.
- Calls to our contact centre may be monitored and/or recorded for quality control and training purposes.
- To the extent not prohibited by law, we accept no liability for any:
- loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our agreement);
- loss which arises when we are not at fault or in breach of our agreement; and
- business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).
- You may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in our agreement is intended to limit your legal rights as a consumer. For further information about your legal rights you can contact your local authority Trading Standards Department or Citizens Advice Bureau.
- Our Website, catalogues and other media may contain information and materials created and submitted by third parties, and, to the extent permitted by law, we exclude liability for all losses arising from any error, omission or inaccuracy in any such information and material.
- Nothing in our agreement limits or excludes our liability for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence or for any other liability which cannot be limited or excluded by law.
- We will not be liable or responsible for any failure to perform, or delay in performance of, the Services, Surveys or any of our obligations under these Terms, nor for any defect or damage to Products, or for any failure or delay in supply or delivery of Products, in each case that is caused by events outside our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
- Natural products may show some colour variations. To the extent permitted by law, we accept no liability for any discoloration or variation in the colour of natural products.
- We will take reasonable steps to display as accurately as possible the colours, appearance and other detailing of our Products (and their packaging) in the images that appear on the Website and in our catalogues and other media. However, we do not guarantee that the images, appearance and other detailing that appear on the Website and in our catalogues and other media will exactly reflect the colour, appearance or detailing of the physical Product (or its packaging). Your Products (and their packaging) may vary slightly from those images.
- Any information on the Website and in our catalogues and other media regarding sizing, weights, capacities, specifications, dimensions and measurements of Products is included as a guide only. If you are concerned about the precise size, weight, capacity, specifications, dimensions or measurements of any Product you require, we recommend that you contact us prior to placing an Order and/or purchasing a Product.
- If any provision of these Terms (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable in whole or in part, the validity, legality or enforceability of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
- No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
- You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.
- If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, or we delay in doing so, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
- We may update, vary and amend these Terms from time to time without prior notice. When you place an Order, the Terms in force at that time will apply (as set out on our Website). Please check on our Website to ensure that you understand which Terms apply.
- Governing law and venue for disputes
- Subject to the following paragraph, you and we agree that our agreement is governed by the law of England and Wales and that any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will only be dealt with by the courts of England and Wales.
- Regardless of the above paragraph, you and we agree that if:
- you are resident in a part of the United Kingdom other than England and Wales, the law of that part of the United Kingdom will apply to our agreement and any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will be dealt with by the courts located there;
- you are resident in Éire, Irish law applies to our agreement and any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will be dealt with by the Irish courts;
- you are resident in Jersey, Jersey law applies to our agreement and any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will be dealt with by the Jersey courts; and
- you are resident in Guernsey, Guernsey law applies to our agreement and any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will be dealt with by the Guernsey courts,
provided that, where we are allowed to do so by law, we may bring a claim against you in the courts of England and Wales.
- Your legal rights and adjudication service
For UK customers:
- Nothing in these Terms affects your legal rights, for example in relation to Products which are faulty. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office.
For Éire customers:
- Nothing in these Terms affects your legal rights, for example in relation to Products which are faulty. Advice about your legal rights is available from the National Consumer Agency.
For Jersey customers:
- Nothing in these Terms affects your legal rights, for example in relation to Products which are faulty. Advice about your legal rights is available from your local Citizens' Advice Bureau or trading standards office.
For Guernsey customers:
- Nothing in these Terms affects your legal rights, for example in relation to Products which are faulty. Advice about your legal rights is available from your local Citizens' Advice Bureau or trading standards office.
- Contacting us and you
- If you have any questions, complaints or concerns with respect to your Order or these Terms, please contact us as follows:
- by telephone: on 01202 748 445 (lines are open 9am to 5pm weekdays);
- by email at: firstname.lastname@example.org; or
- by post at: Eco Log Burners, 42a Sandbanks Road, Poole, Dorset , BH14 8BY, United Kingdom
- Any formal legal notices should be sent to us at the following address, marked for the attention of the CEO of Eco Log Burners Ltd, 42a Sandbanks Road, Poole, Dorset , BH14 8BY, United Kingdom
- If we have to contact you or give you notice in writing, we will do so by email or by hand or by pre-paid post to the address you provide to us in your Order or we otherwise hold for you.