Prime Pellets Limited
Terms & Conditions for Website and Telephone Sales
Prime Pellets Limited (“Prime Pellets”) is a private company incorporated in England & Wales with company number 15077320 and VAT registration number 448 2597 57. Prime Pellets has its registered office at The Launchpad, Airport Business Park, Cherry Orchard Way, Rochford SS4 1YH.
These Terms and Conditions set out the entire relationship between Prime Pellets and you the customer for the sale of Goods (“Terms”). Any order accepted through the Prime Pellets website or over the phone creates a contract (“Contract”) between Prime Pellets and the customer placing the order relating to the provision of a delivered product by Prime Pellets to that customer.
You should print a copy of these Online Terms and the Conditions of Sale for your future reference. Please note that our Terms of Use and Cookies Policy also apply to your access and use of our website, and our Privacy Policy applies to our use of your personal information. We recommend that you read these carefully. We have the right to revise and amend these Terms as we see fit. You will always be bound by the terms and conditions that were active at the time your order was placed.
The Goods
Any samples, drawings, descriptions or advertising that appear on this site or in any marketing material are provided to give you an approximation of the goods they represent. The design of the bag or the colour of pellets may vary and are not a definitive match to the pictures on the website. They do not form part of the contract between the two parties. Whilst we try to ensure that all descriptions and prices are accurate and are kept up to date, errors may occur. If we discover an error in the price or description of the Goods you have ordered, we will let you know as soon as reasonably possible. We will then offer you the option of reconfirming your order or cancelling it in exchange for a full refund.
The price of the Goods and delivery charges are inclusive of VAT unless VAT is shown on the web page as a separate element. There may be an option to switch between seeing VAT inclusive and VAT exclusive prices on the website.
It is your responsibility to ensure that you store your goods in a suitable location. Please note that wood pellets in all forms do not tolerate damp storage conditions.
Placing an Order
You must be aged 18 or over to place an order with us. Please ensure that you read and understand these Terms as they are binding upon placement of an order. Please make sure that you provide your correct phone number and email address when you place your order. This is essential to enable us to contact you with any questions or to update on any changes in circumstances
You are considered to have placed an order when you have:
- Ticked that you have accepted the Terms on the website; and
- Made payment by debit or credit card.
We’ll take payment for your order, including delivery charges, from your debit or credit card at the time you place your order unless you hold an account with us or other credit terms which have been previously agreed in writing. However, this doesn’t mean that your order has been accepted and if we reject your order for any reason (see below), or we can’t supply the Goods you’ve ordered, we’ll credit your payment card with a full refund. When you place your order, this represents an offer from you to purchase Goods from us. We’ll send you an email to confirm that we’ve received your order. This does not mean that we have accepted your order (see below).
Your order will be accepted when we either email you to accept your order or we deliver the Goods to you. The Contract between us is formed at the time we accept your order or we deliver your Goods to you. If your order is dispatched in more than one delivery, each dispatch will form a separate Contract covering the Goods delivered under that dispatch. Without affecting your cancellation rights (see below), you can cancel your order for Goods at no cost, at any time before we dispatch the Goods or any time before the confirmed availability for collection time for click and collect orders.
On acceptance of your order you will be issued with an order number. Please quote this order number on any correspondence with Prime Pellets. You must check your confirmation email to ensure the delivery address is correct. Whether the order was placed online or over the phone you are responsible to ensure the delivery address on the confirmation email is correct as you will be liable for any costs incurred in the creation and dispatch or amendment of that order. Any refund given on cancelled or amended orders will be reduced by the costs incurred to that point.
We may reject an order at any time before we have accepted your order. All orders are subject to stock availability and we will try to tell you as soon as possible if we can’t supply one or more of the Goods that you’ve ordered. If we can’t contact you about these out-of-stock Goods, we’ll accept your order and supply alternative products from those we have in stock. If you’ve already paid for the unavailable Goods, and do not want to accept alternative products we’ll give you a refund for their purchase price by crediting either your payment card or your account with us (as applicable). Where we offer alternative products, this is a suggestion only. You are responsible for determining whether any alternative products offered to you are suitable for the purposes for which you intend to use them
Once an order has been accepted, the goods are automatically consigned for delivery to the address you have provided. If you would like to amend or cancel an order that has been placed you must inform Prime Pellets within 24 hours. You will be liable for any costs incurred in the creation and dispatch of that order. Any refund given on cancelled or amended orders will be reduced by the costs incurred to that point.
Bagged Pellet Delivery
We (or our third party courier) will deliver the Goods to you at the address you have given in the checkout process. Delivery dates are given in good faith, but are estimates only. On occasion we may have to change or cancel delivery dates or times at short notice. We’ll always try our best to meet the estimated delivery timescales we give you. However, we won’t be held responsible for any failure to deliver your order within the stated timescales, provided we deliver the Goods within a reasonable period. If we can’t deliver your order within this timescale, we’ll let you know and give you the opportunity to either wait for the Goods or cancel your order. If you choose to cancel, we’ll give you a full refund including any delivery charges that apply.
The contract between Prime Pellets and you will be deemed to be fulfilled on delivery of your order in a fit state of condition. It is your responsibility to ensure that there is suitable access to the delivery location and the delivery instructions you provide are suitable.
Where a delivery is attempted but is unable to be completed due to a lack of access, gravel or a slope that you could have reasonably been expected to anticipate or where a delivery address and instructions are vague or incorrect and our haulier cannot reasonably be expected to find the delivery location, we will charge a redelivery fee of at least £40 + VAT per pallet.
All pallet based deliveries are delivered to kerbside. While our delivery company will normally go to great lengths to ensure that your delivery is placed exactly where you require it, the contract between yourself and Prime Pellets includes delivery to kerbside only. Please ensure that you have the means to move the pallet(s) and their goods from the kerbside to a suitable storage location. Deliveries of less than a pallet are delivered to doorstep.
We shall not be liable for any damages whatsoever whether direct or indirect (including for the avoidance of doubt of any liability to any third party such as fitters or tradesmen) resulting from any delay in delivery of the Goods, or failure to deliver the Goods in a reasonable time whether such delay or failure is caused by us or otherwise.
Standard Delivery – Orders placed on a standard delivery basis for delivery within mainland England, Scotland and Wales will typically arrive on the third or fourth working day, excluding the day of order (i.e. Monday before 2pm order should be delivered on Thursday). We endeavour to ensure all deliveries are on time, however, please be aware that delays can occur and are out of our control. During busy periods such as Christmas, deliveries are likely to take longer.
Next Day Delivery – Orders placed on a Next day delivery for an additional charge will be delivered the next working day after order day. Order days are working days only, meaning next working day for orders placed on a Saturday or Sunday will be taken as placed on a Monday before 2pm, so delivery will be made on the Tuesday. During busy periods such as Christmas, deliveries are likely to take longer. If your order is not delivered next working day, Prime Pellets shall refund you the additional expedited delivery charge. Please be aware that delays can occur and are out of our control and we will endeavour to deliver as soon as possible.
Bagged pellet deliveries are made between 9am and 5pm, occasionally during busy periods deliveries can be made outside of this time frame. If you do not wish to receive your delivery outside of these hours, please contact the office to arrange a timed delivery at additional cost.
VAT
VAT on domestic solid fuel is levied at either the reduced rate or standard rate of VAT. It is your responsibility to ensure that the VAT rate you utilise on your order is appropriate for your intended use. Prime Pellets will not be held responsible for the incorrect application of a VAT rate by a customer.
The rate of VAT levied on sales of fuel products is subject to the intended use of those products. For full details of the relevant laws please see HMRC Reference: Notice 701/19 (August 2010). A guide to the appropriate rate is given below. Please note that we will not be held responsible for the incorrect application of a VAT rate to your order. It is YOUR responsibility to ensure that you understand the legislation.
Fuel supplies for domestic use incur VAT at the reduced rate of 5%. Business customers may apply the reduced rate for some deliveries provided they satisfy the requirements in the legislation. Where business customers do not satisfy these requirements they are obliged to pay the standard rate of VAT. All other supplies are made at the standard rate of VAT of 20%.
Please ensure you make a purchase with the appropriate rate levied. By making a purchase on our site you are confirming that you have applied the appropriate VAT rate to your order.
Damage to Goods
Where your order has received some level of damage in transit it is imperative that you mark the damage that has occurred on the delivery note that the driver provides and provide notification and photographic evidence of the damages by email to Prime Pellets customer services at [email protected] within 48 hours. If there are damages on any order that could not reasonably have been discovered by a visual inspection at the time of delivery, then the customer may apply for a refund for the damages provided they are able to:
- Provide evidence of the damage in photographic form;
- Provide evidence that the damage could not have been reasonably discovered by a visual inspection of the goods on delivery;
- Provide notification of the damages to Prime Pellets customer services at [email protected] within 48 hours
Returns and Defective Goods
If you have ordered Goods on our website or over the phone, your right to cancel the contract starts from the date your order has been accepted, when we either email you to accept your order or we deliver the Goods to you or when you collect the Goods, which is the date the contract between us is formed. You will need to notify us of your cancellation and return the Goods to us within 14 days of receiving them. During this period, you may cancel your order and receive a full refund provided the Goods are returned to us in accordance with the requirements in this cancellation clause, below. This clause does not affect your right to return faulty or miss-described goods. Without affecting your cancellation rights, you can cancel your order for Goods at no cost, at any time before we dispatch the Goods.
After Goods have been dispatched, to exercise your right of cancellation, Goods must be returned to any Prime Pellets branch and you must provide us with details of the Goods ordered, your contact details and the reason for the cancellation. You may only return Goods to us during our branch opening hours, which are subject to change and each branch is subject to their own opening times.
Full refunds will only be issued when we have received the Goods back in a resalable condition. This means they should be in their original packaging, unused, and undamaged and with a copy of the invoice included. You must take reasonable care to ensure the Goods are not damaged in the meantime or in transit. If the Goods are damaged (or have been modified) by you or are damaged in transit in a way that you could have foreseen (such as not being sent back in the same or similar packaging as sent to you) we withhold the right to refuse any returns (or partial returns) that do not meet a good and sellable condition as described in this clause.
Once you have notified us that you are cancelling the contract and have returned Goods in accordance with the above, we will refund or credit your account as soon as possible and no later than 14 days after receiving them back. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
It is your responsibility to ensure that the goods are suitable for the use to which you put them to. In the unlikely event that the goods provided do not conform to their specification, we will:
- Require a sample of the pellets for independent testing.
- We will not process a refund or replacement prior to the results of the independent test which can take up to 2 weeks from receipt of the pellet sample.
- Provide you with a full refund for the value of the goods if they are proven to be out of specification; or replace the goods at our cost, however we cannot uplift the faulty goods if the pallet has been dismantled and is not it is original wrapping.
- If the test results deem the goods to conform to their specification, we will pass on the cost of £150 + VAT for the test and the cost of the collection of goods to you.
These terms and conditions apply to any replacement goods that we may send you.
Limitation of Liability
If either party fails to comply with these terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
Neither of us shall be responsible for losses that result from our failure to comply with these terms including, but not limited to loss of business, loss of income or revenue, loss of anticipated savings, loss of data and any waste of time or any loss due to the sourcing of replacement goods from another provider.
Force Majeure
We will not be responsible for any failure to perform our obligations when impeded by a Force Majeure event such as;
- Strikes, lock out’s or other industrial action’
- Civil commotion riot, invasion, terrorist attack, war, etc.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
- Transport network failure, or
- Communication network failure.
Our obligations under these terms are suspended for the duration of the Force Majeure event. We will endeavour to fulfil our obligations as soon as possible once the event has ceased.
Other Important Terms
If any part of these Terms is found to be invalid or unenforceable then, to the extent that it is invalid or unenforceable, the part in question will be treated as if it has been removed from these Terms. If this happens, the remaining parts of these Terms will continue in full force and effect. We reserve the right to make changes to these Terms in the future without giving notice. Any changes will be posted to this website and will take effect immediately. These Terms and any Contracts shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.