Terms & Conditions

These Terms and conditions govern your use of the website www.whitehorseenergy.co.uk and any of the client sites that make use of the ecommerce engine provided here (See 2.3 below). All orders placed through this site and the sites listed below are subject to these terms and conditions – placing an order through the website, or telephonically, signifies your acceptance of these Terms and Conditions. Please read these terms and Conditions carefully as they affect your rights under law.

Website Use
1. Content
  1. International copyright and trademark laws protect the entire contents of the Site. You may not reproduce, republish, modify, copy, transmit, upload, post, or distribute, in any manner, the material on the site, including text, graphics and code without prior written approval from the website.
  2. Whilst we take every care to ensure that the content of this website is accurate, some of the information contained herein is supplied to us by third parties and as such we are not able to completely verify the accuracy of all of the contents. You are advised to independently verify any information contained on this website before acting on it. This applies to both product specifics and guidelines on use, storage, delivery etc.
2. Errors/Omissions
  1. In the event of an error or omission, material or not, on the website we reserve the right to amend or cancel any order in order to resolve the issue as we see best.
  2. In the event a customer becomes aware of an error or omission on the website, they will contact us immediately to inform us of said error.
3. Privacy .
  1. We are committed to protecting our customers privacy. Although our ability to provide our service requires that we collect personal information about our customers, we take measures to ensure the privacy and confidentiality of that information.
  2. We will not sell, trade or rent personal information to others in any way without your prior approval.
  3. Our forms require users to provide contact information (like their name, email, and postal address) unique identifiers (like username and password), and in some cases financial information (like their account or credit card numbers) when they register for our services or in connection with an online transaction. Contact information from the signup forms may be used to send information about our products and services. The customer's contact information may also be used to get in touch with the customer when necessary.
  4. Some pages on this site use "cookies," which are small files that the site places on your hard drive for identification purposes. These files are used for site registration and customization the next time you visit us. You should note that cookies cannot read data off of your hard drive. Your web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. By not accepting cookies, some pages may not fully function and you may not be able to access certain information on this site. This site may contain links to other sites. White Horse Bedding is not responsible for the privacy practices or the content of such Web sites.
  5. Your order details will be common to both White Horse Energy and the originating site. However, unless you specifically request to be contacted with offers from White Horse Energy, the only time you will receive communication from us, or the originating site, will be as a function of transactional requirement, i.e. invoice, order tracking number etc.
Relevant Parties
1. White Horse Energy is a trading name of White Horse Bedding Ltd. Company No. 7014905 and VAT reg No. GB977 572265. White Horse Bedding has its registered office at Avening, Priory Park Industrial, Tetbury GL8 8HZ
2. Any orders placed on the White Horse Energy site, or any client site, create a contract between White Horse Energy and the customer placing the order relating to the provision of a delivered product by White Horse Energy to that Customer.
3. Client Sites
  1. In addition to the Ecommerce portal at www.whitehorseenergy.co.uk, White Horse Energy provides a full service front end fulfilment offering for trade customer who would like the ability to offer a domestic solid fuel service to their customer. Please note that any transactions originated from a client site operating on the White Horse Energy platform creates a contract of sale between White Horse Energy and the customer, and not an obligation between the originating site’s IP owners and the customer. White Horse Energy retains ownership of all web related content on the client sites and any contractual obligations arising from orders placed on client sites.
  2. A full list of Client sites is provided below. Please note that if you have originated a transaction from one of the following sites then a contractual relationship exists between yourself and White Horse Energy and not the perceived owner of that originating client site.
    1. www.whitehorseenergy.co.uk
Basis of Sale
1. These Terms and Conditions set out the entire relationship between White Horse Energy and you the customer for the sale of Goods. Please ensure that you read and understand these Terms and Conditions as these Terms are binding upon placement of an order.
2. 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. They do not form part of the contract between the two parties – in particular promotional pricing will be superseded by the pricing indicated on the site and confirmed in your order confirmation.
3. You are considered to have placed an order and entered a binding contract with White Horse Energy when you have:
  1. Ticked that you have accepted the Terms and Conditions on the website; and
  2. You have made payment for the goods ordered.
4. On completion of your order you will be issued with an order number. Please quote this order number on any correspondence with White Horse Energy
5. Once an order has been placed 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 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.
6. If you would like to return an order that has already been delivered, please contact us, and inform us of your reason for the return. We will organise our haulier to collect the order. It is your responsibility to ensure that the order is in a suitable state and location for collection by our haulier. Typically that means in the same or similar condition as when delivered, and in a place that our haulier may access. Please contact us if your require further guidance. You will be refunded for the full value of any goods returned to us in a saleable condition less any transport costs incurred.
7. We have the right to revise and amend these Terms and Conditions as we see fit. You will always be bound by the terms and conditions that were active at the time your order was placed.
Promotions
1. All promotions are subject to immediate cancellation without warning
2. Promotions can include discount coupons or direct account credit awarded to an individual user
3. Any abuse of the promotion system will result in a user's account being cancelled any any promotional balances being removed.
4. Any user with multiple accounts for a single delivery address will be deemed to be abusing the promotion system and will have all current and future promotional credits/coupons removed immediately.
5. Once an order has been placed it is NOT possible for a promotion to be applied to that order retrospectively
6. Refer a friend promotion:
  1. The refer a friend promotion is only available to customers who have succesfully placed an order with White Horse Energy in the past.
  2. On placing your first order you will be sent an email detailling your unique coupon and URL for referring your friends.
  3. You will earn a £10 credit for every new customer you refer - any referalls where the new customer is found to be an existing customer will result in your credit for that order being cancelled.
  4. There is no limit to the number of friends you may refer.
  5. When placing an order, the system will utilise your credits to reduce the amount payable by the value of credit you have available. Where you have a larger amount of credit available on your account than the total on your order, the system will allocate your credit up to the rounded down (to £10) total on your order. I.E. you will always have a small total to pay on your order.
  6. Any credit not used on an order will remain in your account to be used on your next order.
7. Facebook Promotions
  1. Promotion expiring 21st Jan 2013
    1. Competition is for a single 1m EU Kiln Dried Ash crate delivered to mainland GB.
    2. Winner will be announced on Facebook and will need to claim prize once promotion ended.
    3. Prize winner will need to ensure delivery location is suitable for our standard delivery.
    4. Unclaimed prizes will be redrawn after 1 month.
    5. WHE reserves the right to increase or decrease the prize on the promotion as it sees fit.
8. Summer Sale 2013
  1. Selected items will be discounted from 5pm on the 1st May 2013 - until 9am on the 1st of August 2013. We reserve the right to change the end of the promotion as we see fit.
  2. Any discounts will be relative to pricing prior to the 1st of May 2013. i.e. The £20 saving indicated for a full pallet of Woodlets is already reflected in the price (£225 is £20 less than £245).
  3. All savings will only be available on full pallet orders.
150% Price Match Guarantee
1. We guarantee to match any price for a product of identical quality and provenance, provided proof of pricing is given, provided;
  1. The products are of identical quality and provenance;
  2. The alternative product is available for sale at the same time
  3. The competitors’ products are not on promotion;
    1. We will not match promotional prices such as ‘summer offers’ or ‘weekend discounts’, trade or bulk pricing. We will match any price that is offered as a standard retail price for a product.
  4. The price includes VAT at the appropriate rate.
  5. The price includes delivery of the same service level.
  6. We reserve the right to offer a similar product as our price matching product, provided it has the same quality standard as the one being matched.
2. In order to submit a price claim please submit the following details to us;
  1. The website or retail store that has the products on offer
  2. The price of the product at the competitor’s store
  3. Proof that the price is not promotional, includes delivery on the same basis, and is available to purchase immediately or within 7 days of your purchase date
  4. Your order number containing the product you wish to claim on.
3. If your price match claim is proven, we will refund you the difference between the prices, plus half the difference again. I.e. if you find a product on our site for £100 and it is available elsewhere for £50, we will refund you £75 in total.
VAT
1. 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. White Horse Energy will not be held responsible for the incorrect application of a VAT rate by a customer.
2. 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, by agreeing to our terms and conditions you certify that you order is compliant with the relevant legislation. We will not be held responsible for inaccuracies in the advice tabled below.
  1. Intended use: Fuel
    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.
  2. Intended Use: Other
    All other supplies are made at the standard rate of VAT.
3. 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.
The Goods
1. We warrant that the Goods shall:
  1. Conform in all material respects with the ordered specification;
  2. Be free from material defects in design, material and workmanship
  3. Comply with all applicable statutory and regulatory requirements for selling the goods in the United Kingdom.
2. This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident or negligence (by you or a third party).
3. We will take reasonable steps to ensure that your order arrives in good condition.
4. It is your responsibility to ensure that you store your goods in a suitable location. Please note that fuel in all its forms does not tolerate damp storage conditions.
Delivery
1. The contract between White Horse Energy will be deemed to be fulfilled on delivery of your order in a fit state of condition.
  1. The goods will be considered to be delivered in a fit state where you, the customer, has signed the delivery note confirming the safe delivery of the order.
  2. Where the customer has waived their right to inspect the state of goods by requesting delivery without a signature on delivery, the goods will be deemed to be delivered in a fit state regardless of the actual state of goods delivered, and delivery will be deemed to have been made at the time stated on the delivery note.
  3. We strongly advise against customers requesting unattended deliveries.
2. All pallet based deliveries are delivered to the 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 White Horse Energy 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. Please consult the delivery page to see the required access conditions for deliveries.
3. Bulk Deliveries
  1. If you over order pellets when placing a bulk delivery order you will pay for the quantity of the pellets ordered regardless of whether our haulier is able to deliver the entire quantity ordered
    1. If you over order and our haulier has pellets remaining in his pipe he will clear those pellets onto the ground unless a more suitable receptacle is made available. You will be responsible for disposing of those pellets at your cost.
  2. If you under order pellets and our haulier has spare capacity we are not able to increase the size of your order. You will receive the volume ordered only.
  3. Practicalities
    1. The total length of pipe (I.e. the combined length of our pipe and your pipe) should not be longer than 30m.
    2. You must provide an accessible flange with a Storz 110A connector for connecting the delivery pipe.
    3. The flange must be located in an area that is safe for the driver to access – no more than 1.5m above the platform the driver stands on when making the connection.
    4. The route from the lorry’s parking space must be easily accessible and navigable by the driver.
  4. If our haulier is unable to deliver the goods safely you will be liable for a failed delivery fee. This fee will never be more than the value of your order.
4. Where your order has received some level of damage in transit it is imperative that you mark what damage has occurred on the delivery note that the driver provides.
  1. Where damages have been indicated on the delivery note, White Horse Energy will refund you the value of the goods indicated damaged. White Horse Energy is unable to replace damaged goods on future orders.
  2. Where damages are not indicated on the delivery note White Horse Energy is not able to offer any refund where the customer could have been reasonably been expected to have been aware of the damages after a visual inspection of the order.
  3. If there are damages on any order that were not signed off on a delivery note and that could not reasonably have been discovered by a visual inspection of the order on delivery, then the customer may apply for a refund for the damages provided they are able to:
    1. Provide evidence of the damage in photographic form;
    2. Provide evidence that the damage could not have been reasonably discovered by a visual inspection of the goods on delivery;
    3. Provide notification of the damages to White Horse Energy within 24 hours of the delivery.
5. Delivery Timeframes
  1. We provide guidelines as to the expected delivery schedule of the relative delivery services offered by White Horse Energy. Please note that in all cases the timeframe’s given are guides only. White Horse Energy will not be held liable if for whatever reason a delivery does not arrive within an expected period.
  2. All orders received on a standard working day prior to 3pm are dispatched that day, subject to stock. White Horse Energy endeavours to maintain a positive stock balance on all lines throughout the year. Where White Horse Energy are expecting a temporary unavailability of stock, provided the unavailability of stock will not exceed 3 days, White Horse Energy will continue offering the product for sale and dispatch the product on arrival.
  3. Where stock is unavailable and not due to be available for more than 3 days, White Horse Energy will endeavour to restrict sales of the good in question.
  4. Standard Delivery – Order placed on a standard delivery basis for delivery within mainland England and Wales will typically arrive on the third working day, including the day of dispatch (i.e. Monday pre 3pm order should be delivered on Wednesday). Deliveries to areas outside mainland England and Wales can take longer than 3 working days, but should not take longer than 5 working days.
  5. Next Day delivery – orders placed on Next day delivery will be delivered the next working day after dispatch day.
6. Delivery Access
  1. It is your responsibility to ensure that there is suitable access to the delivery location. Where a delivery is attempted but is unable to complete due to a lack of access that you could have reasonably been expected to anticipate, we will charge a redelivery fee of at least £15 + Vat per pallet.
  2. It is your responsibility to ensure that the address and delivery instructions you provide are suitable. Where the address and instructions are vague and our haulier cannot reasonably be expected to find the delivery location from the instructions provided, we reserve the right to charge a redelivery fee of at least £15 + vat.
7. Damage to property during the delivery process
  1. White Horse Bedding Limited disclaims all liability from any damage and or death to any property and or person that may occur during the delivery process.
  2. Any liability for any damages that may occur during the delivery process lie strictly with our haulier.
  3. In the unlikely event that any damage to persons or property occurs during delivery please follow the following protocols:
    1. Take a written acknowledgement from the delivery driver that details the extent and nature of the damage that occured. Please include a commentary of how the damage occured. Please ensure that both driver and a witness sign the acknowledgement and that the driver includes his name, vehicle registration number, and the name of his employer, along with insurance details where available.
    2. Where possible please take photographs of the damage.
    3. Please call White Horse Energy to let us know what has happened. Although we cant influence the outcome of any claim you may make, we are able (in most cases) to speed up the claims process.
- Defective Goods and Returns
  1. It is your responsibility to ensure that the goods are suitable for the use to which you put them too.
  2. In the unlikely event that the goods provided do not conform with these terms, please let us know within 7 working days from delivery. If the goods do not conform we will
    1. Remove the goods at our cost and provide you with a full refund for the value of the goods that have been removed; or
    2. Replace the goods at our cost.
  3. If you are unsatisfied with the goods delivered, but the goods do conform to these terms and you would like to return the goods we will collect the goods and provide a refund to you provided:
    1. The goods are returned to us in a saleable condition;
    2. At least 66% of the original order is returned.
    3. We will refund you the full value of the goods returned to us, less any transport costs incurred returning the goods to our warehouse.
  4. These terms and conditions apply to any replacement goods that we may send you.
  5. If your order is being returned it is your responsibility to ensure adequate access for our haulier to collect the goods. Where appropriate access is not given we will pass on any additional haulage costs to you.
Limitation of Liability
1. 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.
2. Neither of us shall be responsible for losses that result from our failure to comply with these terms including, but not limited to losses that fall into the following categories:
  1. Loss of Business;
  2. Loss of income or revenue;
  3. Loss of anticipated savings;
  4. Loss of data;
  5. Any waste of time or
  6. Any loss due to the sourcing of replacement goods from another provider.
3. This clause does not include or limit in any way our liability for:
  1. Death or personal injury caused by our negligence; or
  2. Fraud or fraudulent misrepresentation;
  3. 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; or
  4. Losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
  5. Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
4. We will not be liable for any consequential loss or indirect loss suffered by you, or by anyone to whom you have supplied the goods.
5. We will not be liable for losses or damages resulting from the use of the goods for purposes for which the specification and manner of good or delivery are not suitable.
6. We will not be liable for any losses or damages to property or persons that may occur during the delivery process. Liability for delivery process losses or damages rest with our contracted haulier.
Force Majeure
1. We will not be responsible for any failure to perform our obligations when impeded by a Force Majeure event such as;
  1. Strikes, lock out’s or other industrial action’
  2. Civil commotion riot, invasion, terrorist attack, war etc.
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
  4. Transport network failure, or
  5. Communication network failure.
2. 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.
Assignment
1. You may not assign or transfer your rights or obligations under these Terms to any other party without the written consent of White horse Energy.

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