Terms of Supply
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.goodlifebiomass.co.uk (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Your attention is drawn to the limitations of our liability in clauses 6.3, 7.1, 10.2 to 10.4 and 11.
You should print a copy of these terms and conditions for future reference.
Information about us
We operate the website www.goodlifebiomass.co.uk. We are BDGL Fuel LTD , a company registered in England and Wales under company number 09978026. and with our registered office at Hamilton House, Hamilton Terrace, Milford Haven SA73 3JP. Our VAT number is 221102198.
By placing an order through our site, you warrant that:
you are legally capable of entering into binding contracts; and
you are at least 18 years old.
How the contract is formed between you and us
Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail Order (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
The Contract will relate only to those Products we have confirmed in the Order Confirmation.
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 below).
To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
We will confirm these details of your statutory right of cancellation in the Order Confirmation. This provision does not affect your other statutory rights as a consumer.
Your order will usually be fulfilled within five to ten working days of despatch, unless there are exceptional circumstances: we will give you an estimate for delivery times as soon as possible after Order Confirmation. Orders received before 10am on a working day will be processed on the next following working day.
Delivery times are between 9am and 5pm Monday to Friday (except public holidays). Our delivery staff will use all reasonable endeavours to deliver at a time convenient to you and to give you reasonable notice of delivery by telephone or email. You agree to check the Products on arrival and to sign to confirm delivery. Unless otherwise agreed, if you are not available to take delivery during the agreed period, Good Life Biomass will charge an additional £75 for re-delivery.
If Good Life Biomass have agreed to deliver when no one is at the delivery address to sign to confirm receipt, the Products will be left at your risk.
Please note that if the Products are not promptly stored in a dry environment (see clause 7 below), they may deteriorate. We strongly recommend that you have arrangements for dry storage in place before delivery.
Deliveries to some destinations may incur additional charges and you authorise Good Life Biomass to make a charge against your specified credit card for Good Life Biomass reasonable delivery charges to such destinations: please speak to your Good Life Biomass representative for details of such charges before placing an order. This is subject always to your rights of cancellation under clause 4 above.
Products will be delivered on pallets to the rear of the delivery vehicle: please note that a pallet is too heavy for an individual to lift. Our delivery staff will try to assist you with placing the pallet in an appropriate location but our responsibility to you is to unload the Products at the rear of the delivery vehicle at the delivery address, not to place the pallet in a particular location on site. It may not be possible for us to move the pallet (for example, pallets cannot be moved on soft ground or gravel driveways). Our delivery team will contact you when the Products are ready for Order to discuss arrangements for delivery: please feel free to contact us directly at any time if you have any questions about delivery and storage.
Risk and title
The Products will be your responsibility from the time of delivery. Please note the guidance on our site regarding storage of the Products following delivery and in particular:
our Products will deteriorate unless stored in a dry environment: PLEASE NOTE THAT GROUND MOISTURE (for example, from storage in an outside wood pile) CAN CAUSE PRODUCTS TO DETERIORATE;
Products are delivered in packaging for ease of delivery but we cannot guarantee that packaging materials will not be damaged during delivery: you should ensure that the Products are not left outside in wet weather when they are delivered to you;
provided that any damage to packaging has not caused damage to the Products before delivery to you, we will not be liable to you for any damage to or deterioration of the Products which arises after delivery.
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 charges.
Price and payment
The price of the Products will be as quoted on our site from time to time, except in cases of obvious error. Quoted prices include delivery charges to destinations in England, Scotland and Wales, unless otherwise expressly stated: your attention is drawn to clause 5.5 above. If a pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
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, unless you have already paid for the Products in full before the change in VAT takes effect.
Product prices and delivery charges are liable to change at any time prior to your placing an order. We will not change the price for any order for which you have received an Order Confirmation.
Payment for all Products must be by credit or debit card. Those credit and debit cards by which w accept payment are listed on our website. We will charge your credit or debit card when we send you Order Confirmation.
Information about transaction security. Good Life Biomass must inform all cardholders that Good Life Biomass is responsible for every website transaction.
We require the security means used on the website are entered on a secure page and that they are transferred using SSL or another technology.
Our refunds policy
If you return a Product to us:
because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
for any other reason (for instance, because you have notified us in accordance with clause 19 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any Product purchased from us through our site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
Please note that damage caused to Products by inappropriate storage following delivery is not covered by this warranty: please see clauses 7 and 8 above.
Please note that briquettes, when burned in a closed stove environment, may smoulder if damped down too much, and that this will release tar that may block the flue or otherwise impede the performance of your stove.
Subject to clause 11.3, we are not liable to you for any failure of performance of the Products or damage which is caused by your own equipment (such as, for example, incorrect fitting of a flue) or by misuse of the Products.
Subject to clause 10.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to clause 10.2, 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.
Subject to clause 10.3, 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:
loss of income or revenue;
loss of business;
loss of profits;
loss of anticipated savings;
loss of data; or
waste of management or office time.
However, this clause 10.2 will not prevent claims for loss of or damage to your physical property caused by our breach of contract that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 10.2.
Nothing in this agreement excludes or limits our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
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;
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.
Our liability to you is also limited by clauses 7 and 8.
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.
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
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.
All notices given by you to us must be given to Good Life Biomass, Hamilton House, Hmilton Terrace, Milford Haven SA73 3JP. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assignees.
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.
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.
Events outside our control
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).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
impossibility of the use of public or private telecommunications networks;
the acts, decrees, legislation, regulations or restrictions of any government; and pandemic or epidemic.
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.
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.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
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.
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.
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.
Our right to vary these terms and conditions
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).
Law and jurisdiction
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.
Third party rights
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.