01285 402 000

0 Items(s)

White Horse Energy
Terms and Conditions

1

Website Use

1.1 Content
1.1.1 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 company.
1.1.2 Whilst we take every care to ensure that the content of this website is accurate, some of the information contained 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 all product categories, guidelines on use, storage, delivery etc.
1.2 Errors/Omissions
1.2.1 In the event of an error or omission on the website, material or not, we reserve the right to amend or cancel any order in to resolve the issue.
1.2.2 In the event a customer becomes aware of an error or omission on the website, they will contact us immediately to inform us of the error.
1.3 Privacy
1.3.1 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.
1.3.2 We will not sell, trade or rent personal information to others in any way without your prior approval.
1.3.3 Our forms require users to provide contact information (like name, email, and postal address) unique identifiers (like username and password), and in some cases financial information (like 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.
1.3.4 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/White Horse Energy is not responsible for the privacy practices or the content of such web sites.
1.4 White Horse Energy will provide these Terms and Conditions by means of an attachment in pdf form on the customers invoice. Where a customer would prefer a paper copy of these Terms and Conditions these are available on request.
2

Relevant Parties

2.1 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 Building, Priory Park Industrial, Tetbury, GL8 8HZ. Telephone 01635 597990. Email: sales@whitehorseenergy.co.uk.
2.2 Any orders placed on the White Horse Energy site create a contract between White Horse Energy and the customer placing the order.
3

Basis of Sale

3.1 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.
3.2 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.
3.3 You are considered to have placed an order and entered a binding contract with White Horse Energy when you have:
3.3.1 Ticked that you have accepted the Terms and Conditions on the website; and
3.3.2 You have made payment for the goods ordered.
3.4 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.
3.5 Once an order has been placed the goods are automatically consigned for delivery to the address you have provided. If you wish to cancel an order please do so as soon as possible. Cancellation before 4pm on the day of the order will ensure that you are not liable for any return costs. Goods are usually dispatched on the same working day as the order is placed.
3.6 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. Delivery onto gravel will require goods to be moved to a stable surface for collection. Please contact us if you require further guidance. You will be refunded for the full value of any goods returned to us in a saleable condition less £40 + VAT for transport costs (and the shipping surcharge where applicable) per pallet returned.
3.7 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.
4.

Right to Cancel

4.1 You have the right to cancel this contract within 14 days without giving reason.
4.2 The cancellation period will expire after 14 days from the date on which the final item in your order is delivered.
4.3 To exercise your right to cancel, you must inform us of your decision to cancel this contract by a clear statement by email or letter addressed to either:
4.3.1 Email address: sales@whitehorseenergy.co.uk
4.3.2 Address for correspondence: White Horse Energy Avening Building Priory Park Industrial Tetbury GL8 8HZ
4.3.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your right to cancel before the cancellation period has expired.
4.4 Effects of Cancellation
4.4.1 If you cancel this contract, we will reimburse to you the all the payments received from you. Where you are unable or unwilling to arrange the return of the goods yourself, or where the goods have suffered a material reduction in value due to your handling of the goods, we will reduce the value of your reimbursement by the appropriate value.
4.4.2 Once the product has been dispatched from our warehouse, you the customer, will be responsible for the costs associated with returning the order to our warehouse. Where you are unable or unwilling to arrange the return of the order, White Horse Energy will arrange for the return at the following cost:
4.4.3 In the case of the product being returned from the area where delivery costs are included in the price, the amount of £40 +VAT per pallet will be charged.
4.4.4 In the case of the product being returned from an area that requires a delivery surcharge, £40 + the surcharge value +VAT per pallet will be charged.
4.4.5 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you (including removing logs from crates, and not restacking them correctly, and/or damage to packing materials). We will only reduce the reimbursement in this case by the loss of value to the goods.
4.4.6 We will make the reimbursement without undue delay, and not later than 14 days after we receive the goods back to our warehouse.
4.4.7 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.
5

Promotions

5.1 All promotions are subject to immediate cancellation without warning.
5.2 Promotions can include discount coupons or direct account credit awarded to an individual user.
5.3 Any abuse of the promotion system will result in a user's account being cancelled and any promotional balances being removed.
5.4 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.
5.5 Once an order has been placed it is NOT possible for a promotion to be applied to that order retrospectively.
5.6 Refer a friend promotion:
5.6.1 The ‘refer a friend’ promotion is only available to customers who have successfully placed an order with White Horse Energy in the past.
5.6.2 On placing your first order you will be sent an email detailing your unique coupon code and URL for referring your friends.
5.6.3 You will earn a £20 credit for every new customer you refer - any referrals where the new customer is found to be an existing customer will result in your credit for that order being cancelled.
5.6.4 There is no limit to the number of friends you may refer. (This excludes deliveries to the same address)
5.6.5 When placing an order, the system will utilise your credits to reduce the amount payable by the value of credit you have accrued. Where the amount of credit available on your account is larger than the total of your order, the system will allocate the credit rounded down the nearest £10 on your order. i.e. you will always have a small total to pay on your order.
5.6.6 Any credit not used on an order will remain in your account to be used on your next order.
5.6.7 The “refer a friend” coupon is only to be used in refereeing friends & family who are new to ordering with White Horse Energy. We would deem the sharing on social media, uploading on blogs acceptable. We reserve the right retrospectively remove credit from codes posted on unauthorised voucher code & alike.
6

Pellet Price Promise

6.1 We will endeavour to beat the price for any identical full pallet product of Wood Pellets, provided;
6.1.1 The products are of identical quality and provenance;
6.1.2 The alternative product is actually available for sale;
6.1.3 The competitors’ products are not on promotion;
6.1.4 We reserve the right to not beat promotional prices such as ‘summer offers’ or ‘weekend discounts’, trade or bulk pricing.
6.1.5 The price includes VAT at the appropriate rate.
6.1.6 The price includes delivery of the same service level (in this instance mainland UK haulage - we will not match/beat shipping costs outside our mainland rate).
6.2 If you are aware of a cheaper identical product please let us know the URL of the competing offer. Once confirmed, we will endeavour to reduce our price below that price. We reserve the right to not beat any offer that we believe to be spurious.
6.3 We will ABSOLUTELY not entertain claims for a post event reduction in the price you paid for pellets due to a later reduction in price on our behalf.
7

VAT

7.1 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.
7.2 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.
7.3 Intended use: Fuel
7.3.1 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.
7.4 Intended use: Other All other supplies are made at the standard rate of VAT.
7.5 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.
8

The Goods

td>
8.1 Goods supplied should:
8.1.1 Conform in all material respects with the ordered specification;
8.1.2 Be free from material defects in design, materials and workmanship. In the event of a defect, White Horse Energy will assist the customer in dealing with the manufacturer of the product.
8.1.3 Comply with all applicable statutory and regulatory requirements for selling the goods in the United Kingdom.
8.2 This 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).
8.3 We will take reasonable steps to ensure that your order arrives in good condition.
8.4 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.
9

Delivery

9.1 The contract between White Horse Energy and the customer will be deemed to be fulfilled on delivery of your order in good condition. Where the order is not delivered in good condition, the contract between White Horse Energy and the customer will be deemed to be fulfilled, upon receipt by the customer of any refund due to them, as a function of the customer having notified White Horse Energy of any damage to the order, in accordance with these Terms and Conditions.
9.1.1 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.
9.1.2 Where the customer has waived their right to inspect the state of goods by requesting delivery without a signature, the contract will be seen as completed, regardless of the actual state of goods. Delivery will be deemed to have been made at the time stated on the delivery note.
9.1.3 We strongly advise against customers requesting unattended deliveries.
9.1.4 We use a 3rd party haulier to deliver all orders. Any liability arising from the delivery process lies strictly with the haulier.
9.1.5 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 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.
9.2 Damage during the Delivery Process
9.2.1 Where your order has received some level of damage in transit White Horse Energy will refund you for the amount of product that you have lost (please note, only lost/unusable product will be compensated for – damaged packaging is not a basis for a claim), provided you follow the following process:
9.2.1.1 Sign the delivery note to indicate that the delivery has been received with damages evident (if your delivery note is signed as received in good order, and the damages were evident on delivery, NO claim whatsoever is possible); AND
9.2.1.2 Notify White Horse Energy by email (sales@whitehorseenergy.co.uk) within 24hrs of the delivery that you intend to seek a refund, with the volume of product lost/rendered unusable (Please provide the equivalent volume in bags of lost/unusable product, and NOT the number of bags with damage); AND
9.2.1.3 Provide photographic evidence to support the level of lost/unusable product being claimed for (please note that if there is a large discrepancy between the level of lost/unusable product claimed for on the delivery note, and the level of loss evidenced by photograph, White Horse Energy reserves the right to not offer a refund); AND
9.2.1.4 Provide to White Horse Energy by email (sales@whitehorseenergy.co.uk) all evidence required to support your claim within 72 hours of delivery.
9.2.2 White Horse Energy is unable to add lost/unusable product to future orders. All claims will be refunded to your original method of payment.
9.2.3 Where damages are not indicated on the delivery note White Horse Energy is not able to offer any refund where the customer could reasonably have been expected to have noticed the damages after a visual inspection of the order, or where the customer requested an unattended delivery.
9.3 If there are damages on an 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:
9.3.1 Provide evidence of the damage in photographic form;
9.3.2 Provide evidence that the damage could not have been reasonably discovered by a visual inspection of the goods on delivery;
9.3.3 Provide notification of the damages to White Horse Energy within 24 hours of the delivery.
9.4 Delivery Timeframes
9.4.1 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 timeframes 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.
9.4.2 All orders received on a standard working day prior to 4pm are dispatched that day, subject to stock availability. 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 4 days), White Horse Energy will continue offering the product for sale and dispatch the product on arrival.
9.4.3 Where stock is unavailable and not due to be available for more than 4 days, White Horse Energy will endeavour to restrict sales of the good in question.
9.4.4 Standard Delivery – Orders placed on a standard delivery basis for delivery within mainland England and Wales will typically arrive on the third or fourth working day, including the day of dispatch (i.e. Monday pre 4pm order should be delivered by Wednesday or Thursday, but may be sooner). Deliveries to areas outside mainland England and Wales can take longer than 4 working days, but should not take longer than 6 working days.
9.4.5 Next Day delivery – orders placed on Next Day delivery will be delivered the next working day after the day of dispatch. During peak periods (pre-christmas, etc) when the delivery page indicates a reduced service, the Next Day service will operate as a premium service with delivery within 2 working days of dispatch.
9.4.6 We are unable to honour any specific delivery date requested in the delivery notes. Where a customer requests delivery on a specific day in the delivery notes we will pass this request on to the hauliers, but the order will still be delivered as per our standard terms for that delivery service. Where a delivery is made contrary to the request in the delivery notes with respect to a specified day of delivery, White Horse Energy will entertain no liability for failing to comply with that request. Customers who require a specific day of delivery are requested to call the office and request a timed delivery (at a cost of £20+vat).
9.5 Delivery Access
9.5.1 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 £20 + VAT per pallet.
9.5.2 It is your responsibility to ensure that the address and delivery instructions you provide are correct. Where the address and/or 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 £20 + VAT.
9.5.3 Where the delivery location is unsuitable for delivery (as deemed by our hauliers driver), and the customer is unable to provide an alternate delivery location that is suitable, or otherwise unable to come to an amicable resolution of the delivery with White Horse Energy, the customer will be liable for the costs associated with returning the pallet as per 4.4.3 and, or 4.4.4 above.
9.6 Damage to property during the delivery process
9.6.1 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.
9.6.2 Any liability for any damages that may occur during the delivery process lie strictly with our 3rd party haulier.
9.7 In the unlikely event that any damage to persons or property occurs during delivery please follow these protocols:
9.7.1 Take a written acknowledgement from the delivery driver that details the extent and nature of the damage that occurred. Please include a commentary of how the damage occurred. Please ensure that both driver and any witnesses sign the acknowledgement and that the driver includes his name, vehicle registration number, and the name of his employer, along with insurance details if available.
9.7.2 Where possible please take photographs of the damage.
9.7.3 Please call White Horse Energy to let us know what has happened. Although we cannot influence the outcome of any claim you may make, we are able (in most cases) to speed up the claims process.
10

Defective Goods and Returns

10.1 It is your responsibility to ensure that the goods are suitable for the use to which you put them to.
10.2 In the unlikely event that the goods provided do not conform to these terms, please let us know. If the goods do not conform we will:
10.2.1 Remove the goods at our cost and provide you with a full refund for the value of the goods that have been removed; or
10.2.2 Replace the goods at our cost.
10.3 Dissatisfaction with goods delivered. If you are dissatisfied 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:
10.3.1 The goods are returned to us in a saleable condition;
10.3.2 At least 66% of the original order is returned.
10.3.3 We will refund you the full value of the goods returned to us less £40 + VAT per pallet for the transport costs incurred (and shipping surcharges where they occur), returning the goods to our warehouse.
10.4 These terms and conditions apply to any replacement goods that we may send you.
10.5 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.
11

Limitation of Liability

11.1 If either party fails to comply with these terms, neither party 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.
11.2 Neither party 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:
11.2.1 Loss of Business;
11.2.2 Loss of income or revenue;
11.2.3 Loss of anticipated savings;
11.2.4 Loss of data;
11.2.5 Any waste of time; or
11.2.6 Any loss due to the sourcing of replacement goods from another provider.
11.3 This clause does not include or limit in any way our liability for:
11.3.1 Death or personal injury caused by our negligence; or
11.3.2 Fraud or fraudulent misrepresentation;
11.3.3 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
11.3.4 Losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
11.4 Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
11.5 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.
11.6 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 goods or delivery are not suitable.
11.7 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.
12

Force Majeure

12.1 We will not be responsible for any failure to perform our obligations when impeded by a Force Majeure event such as;
12.1.1 Strikes, lock outs or other industrial action;
12.1.2 Civil commotion riot, invasion, terrorist attack, war, etc.
12.1.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
12.1.4 Transport network failure; or
12.1.5 Communication network failure.
12.3 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
13

Assignment

13.1 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.
14

Model Cancellation Form

14.1 There is no requirement for the customer to use the form below to notify White Horse Energy of a cancellation request.
14.2 Email, Fax or send the form to:
White Horse Energy
Unit 5
Cirencester Office Park
Cirencester
Glos
GL7 6JJ
Email: sales@whitehorseenergy.co.uk
Fax: 01666 502198
From
[*Name of customer]
[Address of customer]
I cancel my order [*enter order number] of the following goods:
[*enter the goods to be returned]
Ordered on [*enter date]
Date [*enter date]