These Terms and Conditions govern your use of the website. All orders placed through this site 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 liabilities under law.
1. LC Energy Ltd is a trading name of LC Energy Ltd, Company No. 6296861 and VAT reg 909 2547 12No. LC Energy has its registered office at Weston Yard, Albury, Surrey GH5 9AF.
2. Any orders placed on the LC Energy site creates a contract between LC Energy and the customer placing the order relating to the provision of a delivered product by LC Energy to that Customer.
BASIS OF SALE
1. These Terms and Conditions set out the entire relationship between LC 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 They do not form part of the contract between the two parties – in particular promotional pricing will be superseded by the pricing indicated on the site and confirmed in your order confirmation.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 LC Energy when you have:
– Ticked that you have accepted the Terms and Conditions on the website; and
– 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 LC 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 must inform LC Energy 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.
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. Provided the goods are in the condition they were when delivered, i.e shrink wrapped onto a pallet, we will arrange for 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. 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, i.e a complete full or half pallet, 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.
1. We warrant that the Goods shall:
– Conform in all material respects with the ordered specification;
– Be free from material defects in design, material and workmanship
– 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, willful damage, accident or negligence (by you or a third-party).
3. Please be advised if changing pellet brand we recommend monitoring your boiler for the first week of use to ensure optimum burning rate. All pellets differ slightly despite being within the EN Plus specification and adjustments may need to be made to your boiler to accommodate new pellets.
4. We will take reasonable steps to ensure that your order arrives in good condition.
5. 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.
BAGGED PELLET DELIVERY
1. The contract between LC Energy will be deemed to be fulfilled on delivery of your order in a fit state of condition.
2. 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.
3. Where the customer has waived their right to inspect the state of goods by requesting delivery without a signature, 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. We strongly advise against customers requesting unattended deliveries.
4. 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 LC 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.
5. The route from the lorry’s parking space must be easily accessible and navigable by the driver.
6. If our haulier is unable to deliver the goods safely you will be liable for a failed delivery fee of £25 + VAT.
DAMAGE TO GOODS
1. 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.
2. Where damages have been indicated on the delivery note, LC Energy will endeavour to refund you for the value of the goods indicated damaged.
3. LC Energy is unable to replace damaged goods on future orders.
4. Where damages are not indicated on the delivery note LC Energy is not able to offer any refund where the customer could have reasonably been expected to have been aware of the damages after a visual inspection of the order.
5. 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:
– 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 LC Energy within 24 hours of the delivery.
BAGGED PELLET DELIVERY TIMEFRAMES
1. We provide guidelines as to the expected delivery schedule of the relative delivery services offered by LC Energy. Please note that in all cases the timeframe’s given are guides only. LC 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. LC Energy endeavours to maintain a positive stock balance on all lines throughout the year.
3. When LC Energy are expecting a temporary unavailability of stock we will endeavour to restrict sales of the good in question.
4. Standard Delivery – Orders placed on a standard delivery basis for delivery within mainland England, Scotland and Wales will typically arrive on the third working day, excluding the day of order (i.e. Monday pre 3pm order should be delivered on Thursday).
5. Next Day Delivery – Orders placed on a Next day delivery 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 3pm, so delivery will be made on the Tuesday.
1. 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 that you could have reasonably been expected to anticipate or where a delivery address and instructions are vague and our haulier cannot reasonably be expected to find the delivery location, we will charge a redelivery fee of at least £25 + Vat per pallet.
2. Damage to property during the delivery process:
– LC Energy Ltd disclaims all liability from any damage and or death to any property and or person that may occur during the delivery process.
– Any liability for any damages that may occur during the delivery process lies strictly with our haulier.
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 to their specification, i.e EN Plus A1, we will:
– Remove the goods at our cost and provide you with a full refund for the value of the goods that have been removed;
– or Replace the goods at our cost.
3. If you are unsatisfied with the goods delivered, but the goods do conform to their specification and you would like to return the goods we will collect the goods and provide a refund to you provided:
– The goods are returned to us in a sale-able condition i.e a complete full or complete half pallet;
– 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.
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. LC 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.
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.
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.
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:
– Loss of Business;
– Loss of income or revenue;
– Loss of anticipated savings;
– Loss of data;
3. Any waste of time or any loss due to the sourcing of replacement goods from another provider.
4. This clause does not include or limit in any way our liability for:
– Death or personal injury caused by our negligence; or
– Fraud or fraudulent misrepresentation;
– 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
– Losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
– Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
1. 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.
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.
You may not assign or transfer your rights or obligations under these Terms to any other party without the written consent of LC Energy.
LC Energy Ltd is committed to protecting and respecting your privacy.
This policy sets out the basis on which any personal data we collect from you, or that you provide to us whilst you visit our site, will be processed by us.
For the purpose of the Data Protection Act 1998, the data controller is LC Energy Ltd, a company registered in England and Wales under company number 6296861and with our registered office at Weston Yard, Albury Surrey, GU5 9AF.
We do update this Policy from time to time so please do review this Policy regularly.
Information We Collect
In running and maintaining our website we may collect and process the following data about you:
- Information about your use of our site including details of your visits such as pages viewed and the resources that you access. Such information includes traffic data, location data and other communication data.
- Information provided voluntarily by you. This may include, but is not limited to, email addresses, phone numbers, mailing addresses collected through processing of purchases, inquiries through our contact form, requests for samples or registration for our prize draws.
- Information that you provide when you communicate with us by any means.
- Details of transactions you carry out through our site and the fulfilment of orders.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
We may gather information about your general internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally. It is statistical data. This statistical data does not identify any personal details whatsoever.
You can adjust the settings on your computer to decline any cookies if you wish. This can easily be done by activating the reject cookies setting on your computer.
Use of Your Information
We use the information that we collect from you to provide our services to you. In addition to this we may use the information for one or more of the following purposes:
- To provide information to you that you request from us relating to our products or
- To provide information to you relating to other products that may be of interest to you.
- To inform you of any changes to our website, services or goods and products.
- To carry out our obligations arising from any contracts entered into between you and us.
If you have previously purchased goods or services from us we may provide to you details of similar goods or services, or other goods and services, that you may be interested in.
You have the right to ask us not to process your personal data for marketing purposes. We may use your data for such purposes. We will never disclose your information to any third party for such purposes. You can exercise the right at any time by contacting us at firstname.lastname@example.org
We may from time to time email or post the contacts in our database regarding special offers or general information. Any such emails or post will contain an unsubscribe facility so that users can choose to be taken off our mailing list. No further emails or post will be sent to any recipients that have chosen to unsubscribe from our mailing lists.
Storing Your Personal Data
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology.
By providing your personal data to us, you agree to this transfer, storing or processing. We do our upmost to ensure that all reasonable steps are taken to make sure that your data is treated stored securely.
Unfortunately, the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically. The sending of such information is entirely at your own risk.
Disclosing Your Information
- In the event that we sell any or all of our business, we may disclose your information to the prospective buyer.
- Where we are legally required by law to disclose your personal information.
- To further fraud protection and reduce the risk of fraud.
Third Party Links
Access to Information
In accordance with the Data Protection Act 1998 you have the right to access any information that we hold relating to you. Please note that we reserve the right to charge a fee of £10 to cover costs incurred by us in providing you with the information.
Questions, comments or requests regarding this policy are welcomed and should be addressed to email@example.com
1. If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
2. If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you.
3. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
4. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
5. These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English Courts.