TERMS & CONDITIONS
These Terms and Conditions apply to the use of www.arthuratkinson.co.uk and all transactions for the sale of goods on www.arthuratkinson.co.uk. Please read them carefully. They do not affect your statutory rights.
We may change these Terms and Conditions at any time. Any changes will take effect on the date they are posted on www.arthuratkinson.co.uk.
Accessing our Website
We do not guarantee that the Website will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the working of this Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt this Website or any computer system, server, router or any other internet-connected device associated with this Website. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attack our Website via a denial-of-service attack, a distributed denial-of service attack or otherwise.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use this Website and is compatible with this Website. You also understand that we cannot and do not guarantee or promise that any content on this Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
From time to time, we may restrict access to certain features or parts of the Website, or the entire Website.
We reserve the right, in our discretion, to withdraw, suspend or modify this Website or certain features or parts of this Website with or without notice to you. There may also be times when this Website or certain features or parts of this Website become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, suspension, modification, unavailability, inaccessibility or discontinuance of this Website or any service available on or through this Website.
Using our Website
You must not use this Website for any activities that breach any laws, infringe any person’s rights, or breach any standards, content requirements or codes published by any relevant authority. You must use this Website and the information available from this Website responsibly. You must not use this Website or the information available from this Website for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.
You must not use this Website in any way that interferes with our systems, other users or harasses, menaces or harms anyone.
You must not use this Website to make any speculative, false or fraudulent orders.
Accuracy of information
This Website is updated regularly, and content may change without notice. We are under no obligation to keep the Material up to date, and you acknowledge that it may be out of date at any given time. Material on the Website is not intended to amount to advice or authority on which reliance should be placed. We make no promise and give no assurance that any information is accurate, complete or up to date. To the extent permitted by law, we accept no liability or responsibility for any loss, damage or injury arising as a consequence of any reliance placed upon the Material, whether by a visitor to the Website or by anyone who may be informed of its contents.
If you are acting as a consumer
If you are acting as a consumer (which for these purposes means anyone who acts outside the course of a business, trade or profession) in your use of our Website, 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 started to use our Website);
- business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).
Arthur Atkinson (Knaresborough) Limited – Terms and Conditions of Sale
THESE TERMS SET OUT THE BASIS ON WHICH WE MAY SELL PRODUCTS TO YOU. PLEASE READ THESE TERMS CAREFULLY.
WE DRAW YOUR ATTENTION TO YOUR CANCELLATION RIGHTS IN CLAUSE 8 AND THE LIMITS OF OUR LIABILITY IN CLAUSE 10.
1: First things first
1.1 In these Terms, when we say:
1.1.1 you or your, we mean you, the customer ordering Products;
1.1.2 we, us or our, we mean Arthur Atkinson (Knaresborough) Limited entity from whom you purchase Product(s) and who owns and operates www.arthuratkinson.co.uk;
1.1.3 Delivery Terms, we mean the terms that apply to our delivery services.
1.1.4 order, we mean an order placed by you for Product(s) through our Website, or telephone or using such other means as we may permit from time to time;
1.1.5 our agreement, we mean our agreement as defined in clause 2.1;
1.1.7 Product or Products, we mean the goods and products that we sell;
1.1.8 Supply, we mean the terms governing the provision of supply by us or on our behalf;
1.1.9 Terms, we mean these terms and conditions of sale; and
1.1.10 Website, we mean the website (www.arthuratkinson.co.uk) that is operated by us or on our behalf.
1.2 If you order Product(s) on behalf of a company, organisation or other entity, then (i) you (as defined in clause 1.2.1 includes you and that company, organisation or other entity, and (ii) you represent and warrant that you are authorised to bind the company, organisation or other entity to our agreement (including these Terms), and that you agree to our agreement (including these Terms) on behalf of yourself and the company, organisation or other entity.
1.3 These Terms set out the basis on which we may sell Products to you. Please read these Terms carefully. Subject to clause 3.5, by submitting an order for and/or purchasing any Product, you are indicating your acceptance of these Terms and you agree to be bound by these Terms. If you do not accept these Terms, you will not be able to order or purchase any Products from us.
1.4 These Terms are only in the English language.
1.5 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.
2: Your agreement
2.1 Each order you place and purchase of Product(s) you make is subject to these Terms, our Delivery Terms (where relevant), our Supply Terms (where relevant), and any additional terms that apply.
3: The order process and formation of the contract between us
3.1 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” (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” (or similar) button, you will be obliged to pay for the Products you have ordered via the Website.
3.2 Your order is an offer to purchase from us. When you place an order with us (or otherwise offer to make a purchase from us), you do so in accordance with the terms of our agreement, subject to our acceptance of your order (or offer to make a purchase). If you place an order via our Website (or where we have otherwise stated that we will), we will send you an email acknowledging receipt of your order, together with your order number and details of the Product(s) you have ordered. Please note this email is an acknowledgement and is not an acceptance of your order.
3.3 Unless we have notified you that we do not accept your order (or offer to make a purchase) or you have cancelled it in accordance with our returns policy, we accept your order (or offer to make a purchase) as follows:
3.4 We may choose not to accept your order (or offer to make a purchase) 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).
3.5 Our agreement is formed when we accept your order (or offer to make a purchase). The processing of your payment and acknowledgment of your order (whether by email, telephone or otherwise) does not constitute legal acceptance of your order.
3.6 You may not cancel your order once it is submitted, unless otherwise agreed with us or where we offer you the facility to do so. This does not affect your rights under clauses 8 and 9.
4: Buying from us
4.1 You must be 18 or over to purchase Products from us via our Website.
4.2 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. However, we do not guarantee that the images, appearance and other detailing that appear on the Website 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.
4.3 Coal products may show some colour variation. To the extent permitted by law, we accept no liability associated with such variations.
4.4 Any information on the Website regarding sizing, weights, capacities, dimensions and measurements of Products is included as a guide only. If you are concerned about the precise size, weight, capacity, dimensions or measurements of any Product you require, we recommend that you contact us prior to placing an order and/or purchasing a Product.
5: Price, delivery charges and availability
5.1 Unless otherwise stated, prices for Products are inclusive of VAT.
5.2 Prices for Products include delivery within the post coded areas We deliver to the following post coded areas:
HG1 All postcodes
HG2 All postcodes
HG3 All postcodes excluding HG3 5
HG4 All postcodes excluding HG4 4 & 5
HG5 All postcodes
LS22 All postcodes
LS21 1 Only
LS17 0 Only
LS16 9 Only
YO51 All postcodes
YO26 8 & 9 Only
Please contact us via the contact page if your delivery is out of this area as we may still honour your delivery but with an additional delivery charge. Please also see 7.3 for possible additional delivery charges.
5.3 We may update prices at any time. Despite our best efforts a product maybe mispriced. If this happens then we will not be obliged to supply the 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.
5.4 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. If the Products are unlikely to be restocked, we will cancel your order for those Products and refund the price you have paid.
6.1 The total cost of your order and/or purchases is the price of the Products (minimum order value £75.00 orders placed below this value will generate a £10.00 delivery charge).
6.2 We must receive payment in advance before your order and/or purchase can be processed, unless we have agreed otherwise in advance in writing.
6.3 Payment can be made by most major credit or debit cards in accordance with Barclaycard.
6.4 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 (Sagepay) 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.
6.5 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.
6.6 You are responsible for all orders placed by your authorised employees.
7: Delivery Terms
7.1 If you order Products for delivery and have met the minimum order value as quoted in 6.1 then the terms that apply to that delivery will depend upon the Product(s) that you order, the delivery address and the delivery method you require. Unless we specifically agree otherwise, we only deliver to the areas indicated in 5.2.It is your responsibility to understand and comply with the clean air act. Arthur Atkinson (Knaresborough) Ltd will not be held responsible for fuel unsuitable for smoke control areas.
7.2 Subject to availability we will use reasonable endeavours to deliver within a 3 – 5 days from the point of order. If you require a phone call before delivery it is your responsibility to ensure you have typed this request into the order notes within the shopping basket and provided us with an up-to-date phone number. In the case of unforeseen circumstances beyond our reasonable control (for example, seasonal high demand, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns) we may not be able to deliver the Products within these timescales and we will not be liable for any delay or failure to deliver the Products if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we and you will agree an alternative delivery date or full refund.
7.3 You must also do all that you reasonably can to enable us to make delivery. If we are unable to deliver the product due to the customer failing to notify us of vehicular or pedestrian access issues (for example locked gates/sheds or garages) we reserve the right to levy a redelivery charge of £25.00.
7.4 For reasons of health and safety and to avoid any property damage the customer agrees to provide safe access to the property in which we are to deliver, 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 item needs to be transported from the delivery location (for example bulk loads of logs/coal or bottled gas). In respect of delivery of coal the customer must ensure that the receptacle (for example bunker/bin or cellar) is of robust construction. We do not accept responsibility for any damage to insubstantial receptacles. However every care and respect will be shown by us during delivery.
7.5 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.
7.6 Each Product remains our property until you have paid for it in full or we have provided the Product to you (whichever occurs later), whereupon you will own the Product. On delivery of the Products to you or collection of the Products by you (as the case may be), the Products shall be at your risk and responsibility and you will be responsible for their safekeeping and storage of said product. Kiln Dried Logs require dry storage to maintain appropriate moisture content. We will not be responsible for any damage or fault arising from incorrect storage.
7.7 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. We may, before ownership of the Products passes to you, require you to deliver up the Products to us and, if you fail to do so, may repossess the Products. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the Products.
8.1 Please keep your proof of purchase for anything you buy from us. Although you are not obliged to, doing so will ensure we can help you if you need to bring something back.
8.2 You may cancel your order (or any part of it) for any reason before despatch (where applicable).
8.2.1 in the first instance, calling us on 01423863214 e-mailing us firstname.lastname@example.org or writing to us 41 Chain Lane, Knaresborough, North Yorkshire, HG5 0DH to cancel the order (or part of it).
8.3 The right to cancel your order set out above is subject to the following conditions:
8.3.3 you will receive (within 30 days of cancellation) a refund of the price paid in respect of that part of your order that is cancelled.
8.3.4 if you paid for your order using a credit/debit card, we will refund you on the credit/debit card used to pay for the order; if you paid for your order by cheque, we will provide you with a cheque for the amount of the refund; if you paid for the order in cash, we will refund you in cash.
8.3.5 you must arrange for the return of the Product(s) as soon as possible. Unless the Product(s) is(are) faulty or not as described, you will be responsible for the cost of returning the Product(s) to us, or us collecting the Product(s) from you at a cost of £25.00 any product delivered by one of our third party carrier may incur an increased carriage cost this will be confirmed prior to collection.
8.4 You have an obligation to keep the Product(s) you wish to return in your possession and to take reasonable care of the Product(s) 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).
8.5 We reserve the right to require proof of identity.
YOUR CONSUMER RIGHTS ARE NOT AFFECTED
9: Faulty Products
9.1 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 within 24hours of delivery via phone/email or in writing as outlined in 13.1. Claims may be reduced or rejected if we have not been given an opportunity to put matters right.
If you are acting as a consumer
10.1 If you are acting as a consumer (which for these purposes means anyone who acts outside the course of a business, trade or profession) in your ordering and/or purchasing of Products, to the extent not prohibited by law, we accept no liability for any:
10.1.1 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);
10.1.2 loss which arises when we are not at fault or in breach of our agreement; and
10.1.3 business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).
10.2 If you are acting as a consumer, 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.
If you are acting as a business customer
10.3 If you are acting in the course of a business, trade or profession in your ordering and/or purchasing of Products (a business customer), we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under our agreement or otherwise at our discretion.
10.4 Without prejudice to clause 10.3, if you are acting as a business customer in your ordering and/or purchasing of Products, we accept no liability (whether arising in contract, tort (including negligence), for breach of statutory duty or otherwise) for any of the following losses:
10.4.1 loss of profits, revenue, sales, income, or business;
10.4.2 loss of savings;
10.4.3 loss of use or production;
10.4.4 loss of goodwill;
10.4.5 business interruption;
10.4.6 subject to clause 9, remedial costs if the Products are damaged or defective;
10.4.7 damage to property or possessions through use or misuse of the Products;
10.4.8 loss caused by delay or other late performance; and
10.4.9 indirect or consequential losses.
10.5 If you are acting as a business customer in your ordering and/or purchasing of Products, you acknowledge and agree that all our obligations to you are set out in our agreement.
Liability provisions that apply whether you act as a consumer or business customer
10.6 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.
11: Our rights to cancel
11.1 We may cancel our agreement by notice in writing to you if you are in breach of our agreement, 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 supply products to you.
12: Events beyond our control
12.1 We shall have no liability to you for any failure or delay in supply or delivery, nor if performance of any of our obligations is prevented or restricted, nor for any damage or defect to Products supplied or delivered under our agreement, in each case that is caused by any event or circumstance beyond 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 or restrictions of imports or exports).
13.1 If you have a complaint about your order or Products, you should contact us within 24hrs of receiving your goods by calling us on 01423 863214 or e-mail us at email@example.com or writing to us at 41 Chain Lane, Knaresborough, North Yorkshire, HG5 0DH.
13.2 We will endeavour to keep you informed either by telephone or email at each stage of the complaints handling process and will endeavour to fully resolve your complaint as soon as possible.
14: Contacting us and you
14.1 To contact us, please see our Contact Page on the Website. Any formal legal notices should be sent to our registered office, Arthur Atkinson (Knaresborough) Limited, 41 Chain Lane, Knaresborough, North Yorkshire, HG5 0DH marked for the attention of the Director of Arthur Atkinson (Knaresborough) Limited.
14.2 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.
15: Governing law and venue for disputes
15.1 Subject to clause 15.2, 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.
15.2 Regardless of clause 15.1, you and we agree that if:
15.2.1 you are a consumer (as defined in clause 10.1) 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 provided that, where we are allowed to do so by law, we may bring a claim against you in the English courts.
16: Just in case you need to know our registered details are:
Registered Office: Arthur Atkinson (Knaresborough) Limited, 41 Chain Lane, Knaresborough, North Yorkshire, HG5 0DH Registered Number 09226947 VAT Number 195282087.
Trading Address: Arthur Atkinson (Knaresborough) Limited, The Coalyard, Market Flat Lane, Lingerfield, North Yorkshire, HG5 9JA
You may contact us with any queries or concerns on 01423 863214 or by email at firstname.lastname@example.org.
17: Other important terms
This website and its content is copyright of Arthur Atkinson (Knaresborough) Limited 2019 © all rights reserved.Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
1. You may print or download for your own personal and non commercial use only.
2. You may copy the content to individual third parties for their personal use, but only if you acknowledge our website as the source of the material.
3. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it on any other website or other form of electronic retrival system.
18: Seasonal Opening Times
Please ensure when placing an order via our website you have taken note of our ‘Seasonal Opening Times’ which can effect delivery/click & collect expectations.
These terms were last undated on 1st November 2018