1.Terms and conditions of sale
1.1 This document sets out the terms and conditions applicable to all sales by Premium Pellets, including sales through its websites or by telephone. We may change these sales terms at any time, but no changes will apply to any orders you submitted before the change.
1.2. Changes: We may change these Conditions at any time, and any changes will take effect on the date they are posted on our website. Those changes will not affect any orders you submitted before the change.
1.3. CONSUMER AND BUSINESS SALES These sales terms apply to all sales of products by us to consumers and businesses. You are a consumer for the purposes of these sales terms, if you are an individual and you are purchasing for purposes which are wholly or mainly outside a trade, business, craft, or profession. In any other case, you are a business for the purposes of these sales terms. If you have indicated to us at any point that you are a consumer or business (including when you registered the account associated with the order or contract to which these sales terms apply), then we are relying on this as a representation from you entering into the contract, and you shall be bound by such representation.
- DEFINITIONS In these sales terms:(a) the contract is the contract which incorporates these sales terms; (b); the delivery charges means our charges for delivery of the products as stated in the order specific terms; (c) the delivery address means the address for delivery of the products as stated in the order specific terms, or if not so stated, as you provided to us in your account with us, of if none has been provided, to the billing address associated with your payment card or other payment service used to pay the price; (d) the order is your order for the purchase of any products submitted to us, which incorporated these sales terms, or resulted in the contract, including any order through our website or by telephone;
(e) the price means the price of the products as stated in the order specific terms; (f) the products mean the goods, gift vouchers, and other products ordered by you as set out in the order specific terms; (g) working or business day means Monday to Friday, except bank or other public holidays.
- HOW THE CONTRACT IS MADE
3.1. Your order to us is your offer to purchase the Goods on these Conditions, subject to our acceptance. You are entitled to withdraw your offer at any time up to moment that we accept it.
3.2. Withdrawing your order: You are entitled to withdraw your order at any time up to moment that we accept it and it becomes a binding contract. After it has become a binding contract you can only cancel it in accordance with your cancellation rights.
3.3. Acknowledgement of your order: Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order if you made it through the website.
3.4 Acceptance of your order: For product orders, acceptance of your order will occur and a binding contract for the sale and purchase of the products will be formed between you and Premium Pellets when we first dispatch any of the products in your order.
For other orders, acceptance of your order will occur and a binding contract is formed when we send the order acknowledgement e-mail or by phone conversation.
3.5. Declining your order: If we decline your order for any products, before acceptance, for any reason, we will normally e-mail or telephone you to inform you, and give you our reasons. We may decline your order before we have accepted it for any reason at our sole discretion, and we may decline your order in whole or in part.
- CONTRACT TERMS The terms of the contract will comprise the following: 6.1. General Terms: The following general terms: (a) these sales terms; (b) the general delivery and installation information published by us, including on our website at the time of your order, setting out among other things, delivery charges, methods, delivery locations, timescales, and restrictions; (c) the descriptions and specifications and additional terms specified for the products in any product specification page or section on our website, at the time of your order; and (d) any terms implied into the contract by statute or rights in relation to this contract granted by any statute, unless and to the extent they are otherwise limited, varied or excluded by any other contract terms.
- SALE AND PURCHASE On acceptance of your order, Premium Pellets agrees to sell to you and you agree to purchase from Premium Pellets the products specified in the contract terms.
- DESCRIPTION Under the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982 it is an implied term in the contract that the products will correspond to their description. The description is essentially as set out in our website and catalogue at the time of order, but there may be minor variations in specification, colour or other features between that description and the product received.
- CHARGES AND VAT You agree to pay the price, delivery charges and any other charges stated in the order specific terms. You are obliged also to pay VAT on all charges, at the same time as the charges. If you are a consumer all stated charges are inclusive of VAT; and if you are a business, all charges are stated exclusive of VAT.
- PAYMENT TERMS
8.1. All goods or part there of remain the property of Premium Pellets until paid for in full.
- 2. The Company payment terms are strictly 30 days from date of invoice. The company reserves the right to charge interest on accounts outside payment terms at a rate of up to 1.5% per month on all outstanding amounts due once prior notice has been issued.
8.3. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
8.4 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
8.5 All online orders will be paid in full in advance.
- DELIVERY 9.1. Delivery Address: Delivery of the products will take place at the delivery address or otherwise in accordance with this clause 12. Please note that we only deliver to addresses located within the Republic of Ireland and Northern Ireland
9.2. Delivery Days: We only deliver on working days, being Monday to Friday, excluding public and bank holidays. Any statements as to delivery within a number of days should be read as working days, and if a bank or other public holiday falls within any delivery period then you should allow an extra two working days for delivery.
9.3. Delivery Timescales: We will use reasonable efforts to deliver the products by the delivery dates or within the delivery timescales stated in the order contract terms. If no delivery date or timescale is stated, then delivery will be made without undue delay and no later than 15 days beginning with the day the contract was entered into. If we are not able to make a delivery date, we will let you know, and offer you an alternative delivery date.
9.4. Force Majeure: We are not responsible for delay in supplying or delivering or failure to supply or delivery any products if due to unforeseen events beyond our reasonable control. We will let you know as soon as possible if there is going to be a problem in supplying the products, and give you an opportunity to cancel your order, in which case we will refund all amounts paid by you to us under the order, or give you an opportunity to continue with the order if possible, in which case we will agree with you a revised time for delivery as soon as we are in a position to continue performing the order.
9.5. Failure to Receive the Products: If delivery is attempted at the nominated delivery address within our stated delivery hours and you are not present to collect the products, we may leave the items at the delivery address and such items will be deemed delivered for the purpose of these terms. If you unreasonably refuse to take delivery of the products, then we may abandon the delivery attempt, charge you our direct costs of returning the products to the depot, a reasonable storage charge, and another delivery charge for re-delivering the products at another time.
9.6. Delivery Note: If requested to do so, you must sign for any deliveries. Signing for delivery is for simple proof of receipt purposes and will not affect any of your other rights. Please make sure you keep the packing list enclosed with your products, as this will be important if you are returning the products later on. If you are a business customer, you must inform us within 5 working days if you consider that the products are faulty or damaged, otherwise the products will be considered to have been correctly delivered, free from damage or faults and in good working order, except for any damage or fault you could not have discovered on reasonable inspection of the products.
9.7. Retention of Title: Title to the products passes to you when risk passes below, unless the price or any other amount payable by you is outstanding at delivery, in which case title is retained by us until you have paid in full the price and all other amounts payable under the contract. You agree that we may still sue for the price, notwithstanding that title has not passed. You also agree that your right to possession and use of the products shall cease if any amount payable by you under the contract becomes overdue, or you enter into bankruptcy, liquidation or administration, and that we shall be entitled to enter any premises where the products are kept for the purposes of repossessing them. Title to the products shall revert to us when you exercise any right to reject the products, cancel the contract or otherwise return the products to us.
- Risk: Risk in the products shall pass to you when they come into your physical possession, or any person identified by you to take possession of the products, or any carrier you commissioned to collect the products from us and transport them to you, or our courier service hand over the products to any person who you authorise to collect them from a postal or courier service, or we leave the products at a place or with a person in accordance with any express delivery instructions received from you. Risk in any returned products shall pass back to us when they come back into our physical possession, or any person identified by us to take possession of the returned products, or any carrier commissioned by us collect the products from you and transport them back to us.
- Invalidly Returned Products: If you are a business and you cancel, and we subsequently discover or prove that you had no right to cancel, then: (a) such cancellation shall cease to have effect; (b) you must continue to pay the price, delivery charges and other charges for the products, and repay any refund given; (c) you must arrange for collection of the products from us; (d) we may make a reasonable storage charge, and we may make an additional charge for redelivery of the products to you;
- OUR LIABILITY TO CONSUMERS We shall not be liable to you (including under or for breach of the contract or in negligence) for: (a) any loss of profits or other losses relating to any business; (b) for any losses which were not foreseeable by us when the contract was made; or (c) for any losses which were not caused by any breach of the contract or any negligent or unlawful act or omission by us. We do not exclude or limit any liability which we may have to you: (a) for death or personal injury; (b) for loss or damage to property; (c) for fraud or fraudulent misrepresentation; or (d) to refund any payments made by you under the contract.
- OUR LIABILITY TO BUSINESSES The following terms apply if you are a business: – 13.1. Limitations and exclusions: In this contract, references to our “liability” shall be to our liability to you under or for breach of the contract, our liability to you for negligence, breach of statutory duty, tort, or accidental or negligent misrepresentation, and any other liability we may have to you whatsoever and howsoever arising under, in connection with, or in the course of performing, the contract, or in connection with the products. Our total liability for all events giving rise to liability to you in aggregate for all such events shall be limited to an amount equal to the price, delivery charges and other amounts payable by you under the contract as ascertained at the time of your order. We shall have no liability to you for: loss of revenue, bargain, profit, anticipated savings, contract, business, expectation, use, production, or goodwill; any costs, expenses, liabilities, or commitments wasted, suffered, incurred or entered into in reliance on the contract; any costs of purchasing substitutes or replacements for the products elsewhere; any special, indirect or consequential losses; your liability to any third party; or loss or damage suffered by any third party. Notwithstanding any other contract term, we do not limit or exclude our liability to you for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
13.2. Claims Limitation Periods: We shall not be liable in respect of any products missing from a delivery, and all products purported to be in a delivery shall be considered to have been delivered in full, if you do not notify us otherwise by the end of the next working day following the day of delivery. We shall not be liable in respect of any damage to any products present on delivery if you do not notify us of such damage within 5 working days after delivery of the products has been made. We shall not be liable for any other non-conformity of any product with this contract (including faults and defects), if you do not notify us of such non-conformity within 5 working days after delivery (if such fault or defect was discoverable on reasonable inspection at the time of delivery), we shall not be liable. If any product is not in conformity with the contract, then our liability shall only be with respect to that product, and you may not return, and you shall continue to pay for, all other products. You shall give us a reasonable opportunity to repair or replace any non-conforming product, at our option, before exercising any right to reject the product. You shall pay our reasonable costs incurred in investigating any claim that a product is missing or not in conformity with the contract, if such claim is not proved by you.
- Premium Pellets Right to Cancel or Vary – We shall be entitled to vary the contract, or to cancel the contract, as a whole or in respect of any products, at our option, if any of the following applies: we do not have the products in stock at all or in a fit state to supply to you; or we find we not have sufficient products in stock to meet all our orders from all our customers; or the cost of acquiring the products to supply to you is higher than when your order was accepted by us; we are not able to obtain the products from our suppliers at all or in time to meet the delivery timescales; the contract terms contained any error, including in relation to the description or price of any of the products; or we have not received payment in full of or are unable to obtain authorisation for payment of the charges and other amounts payable by you; you do not meet any minimum age requirement for ordering; or if you are purchasing the products with a view to reselling them. If we propose to vary the contract, we will give you an offer to continue with your order subject to such variations as we propose, in which case we will identify any variations (including any proposed changes to the products, the price and delivery charges, and delivery timescales) and we will state how long that offer will remain open; and if you do not accept our offer, then the contract will be deemed to be cancelled.
- Delivery – We will try to ensure your delivery arrives on time. Sometimes, due to circumstances beyond our control, deliveries are delayed. Should this happen we will do our utmost to get your goods to you as soon as possible and minimise any inconvenience. Unfortunately, we cannot take responsibility for any consequential losses.
- Force Majeure We shall not be liable to you for non-performance or late performance of the contract due to any matter beyond our reasonable control, including (without limitation) war, threat of war, terrorism, riot, civil commotion, public demonstration, blockade, or sabotage, the act of any government, government authority or legislature, industrial action (including our own employees), lightning, fire, explosion, storm, flood, earthquake, accumulation of snow or ice, or drought, shortages (including of fuel, utilities, and raw materials), vandalism, theft and other criminal action, interruption or failure of utilities, or anything of a similar nature affecting our carriers, sub-contractors or suppliers. If any such events mean that we have insufficient stocks or supplies to meet all of our contracts with you and other customers, we may decide in our sole discretion which contract to fulfil.
- General 17.1. Entire Agreement: The contract terms constitute the entire agreement between the Company and its customers for the sale and purchase of the products. No other communications or representations between you and us, whether written or oral, shall bind us, and you acknowledge that you have not relied on any representations from us when entering into the contract which do not form part of the contract documents.
17.2. Third Party Rights: The contract shall not benefit or be enforceable by any person other than you and us.
17.3. Sub-contracting: We may sub-contract our obligations under the contract.
17.4. Invalid Terms: Each of the terms of the contract is separate and severable, and if any term is held to be void or invalid, it shall be severed, and the remaining terms shall continue in full force.
17.5. Waivers: We may on occasion, at our sole and absolute discretion, decide not to exercise or wait before exercising our rights. If we do so, we shall still be entitled to insist on the strict terms of the contract later on.
17.6. Costs of Claims: If you are a business, you shall pay all our legal costs (on a full indemnity basis) and other fees, costs and expenses incurred in enforcing and recovering any payment due from you under this contract, and in recovering any products which you are obliged to return to us.
17.7. Law and Jurisdiction: The contract and all non-contractual obligations arising out of it shall be governed by the laws of Ireland. Any claims against the company relating to its website, and any actual or potential supply of goods and services, or any non-contractual obligations will solely be dealt with in the courts of Ireland.