Our terms

  1. These terms

1.1. These are the terms and conditions on which we supply products to you, whether these are goods or services

1.2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.3. In some areas, you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:  You are an individual. You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.4.If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms and conditions.

 

  1. Information about us and how to contact us

2.1. We are Certainly Wood Limited a company registered in England and Wales. Our company registration number is 05473995 and our registered office is at Lower Lulham, Madley, Hereford, HR2 9JJ. Our registered VAT number is GB 864 5512 12.

2.2. You can contact us by telephoning our customer service team at 01981 251796 or by sending an email to office@certainlywood.co.uk.

2.3. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

2.5. Communications for subscribers and members of the Fire Club. We will send communications in regards to changes and updates to your subscription and membership via e-mail or provide you with information by posting notices in your online account with us. You confirm your agreement to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal or contractual requirement that such communications be in writing.

 

  1. Our contract with you

 3.1. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline or conditions you have specified or because you have requested to renew a subscription for products which we do not wish to renew.

3.3. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

 

  1. Our products: goods

4.1. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2. The packaging of the product may vary from that shown in images on our website.

4.3. Being a natural product, there will be natural variations, but the parameters of each product’s specification are clearly shown on the website and may periodically be reviewed and amended by us. 

 

  1. Our products: membership services (not available to business customers)

5.1. Fire Club membership service gives you access to membership perks including discounted rates, free gifts, birthday rewards and upgraded delivery options as stated on our website at the time you purchase your membership. Delivery options are subject to change during the period of your membership where our suppliers made changes to those options.

5.2. Fire Club membership is for a period of 12 months from the date of purchase and will automatically renew on its renewal date unless you cancel your membership prior to the renewal date. You can check your renewal date of your membership in your online account under ‘manage subscriptions’.

5.3. How to cancel your membership. You may cancel your membership in the ‘manage subscriptions’ section of your online account with us at any time.

5.4. We will notify you of your upcoming renewal via email.

5.5. If you cancel your membership before the renewal date, your membership perks will continue for the duration of the membership already paid for.

5.6. If you do not cancel your membership in time before we take the renewal payment, you can request a refund within 30 days of us taking payment provided that you have not used any of the perks of the Fire Club membership. An administration fee of £5 will be applied.

5.7. Membership perks apply to orders dispatched during your membership period. If your membership ends before a delivery is dispatched to you, any membership discount reflected in the price of that delivery will be removed and you will be required to pay the full price.

 

  1. Our products: subscriptions (not available to business customers)

6.1. Subscription with us is free of charge and gives you discounted rates on products and a choice of advance delivery dates.

6.2. When you purchase a subscription with us you will select the subscription option on the product page and confirm the frequency of delivery during the purchase process.

6.3. We will confirm your subscription via the email you provided at the time of purchase and we will communicate updates about your subscription via your account email address.

6.4. By subscribing to our products, you are agreeing to pay recurring periodic subscriptions indefinitely until you cancel your subscription.

6.5. You can amend your subscription. If you wish to make a change to your subscription, this can be done at any time via the ‘Manage Subscriptions section of your online account..

6.6. How to cancel your subscription. You can cancel your subscription in the ‘Manage Subscriptions’ section of your online account at any time.

6.7. If you cancel your subscription on or after the date on which payment is due to be taken for your next delivery and you wish to cancel the delivery which the payment relates to:

  • you will be required to pay a £5 administration charge where the delivery has not been dispatched; and
  • where the products have been dispatched before the point of cancellation, you must return the products to us at your own cost in accordance with clause 8.1 below (if we arrange this for you the charge is £50).

6.8. We can cancel your subscription at any time and for any reason at our absolute discretion and we will provide you with at least 30 days’ notice of such cancellation.

6.9. You can resubscribe at any time following cancellation, but we reserve the right in our absolute discretion not to permit your re-subscription.

 

  1. Delivery

The following terms apply to all purchases of goods:

7.1. All national deliveries will be ‘Economy’ which is 3-5 working days from despatch (unless otherwise specified) and delivered on a pallet using a tail lift lorry with a hand pump truck. (No crane facilities). Deliveries to Scotland require a longer delivery.

7.2. Delivery is free on all bulk orders over £125.00 when delivered via our national pallet delivery network within mainland UK, excluding the following postcodes: AB, DD, IV, KW, PA (21-38), PH, PO (30-41) which will incur an additional charge at checkout.

7.3. All offshore destinations will be subject to a delivery surcharge.

7.4. Orders received by 12 noon will be despatched on the next working day and delivered within the specified lead time as quoted on the website.

7.5. Economy Delivery Service has delivery times between 8:00 a.m. and 6:00 p.m. This is termed as an ‘open booking’ with no time specified, just the day that you have selected for delivery.

7.6. AM Delivery Service might be available with delivery between 9.00a.m. and 12:00 p.m. and for an additional charge of £15.00 per pallet.

7.7. PM Delivery Service might be available with delivery between 12:00 p.m. and 5.00 p.m. and for an additional charge of £10.00 per pallet.

7.8. Please note that there is a 15 minute grace period either side of our upgraded delivery service windows.

7.9. Premium Next day delivery service might be available at an additional charge of £25.00 per pallet and goods will be delivered the day after despatch and within 1-2 working days of order. This will be delivered on your chosen day between 8.00 a.m. and 6:00 p.m. You will receive an email to confirm that it has been despatched – it will then be delivered the following day as an ‘open booking’, but you will NOT receive a further call.

7.10. Saturday Delivery might be available at an additional charge of £45.00 per pallet. but orders must be received by Tuesday 12 noon otherwise it will be delivered the following Saturday. N.B. Saturday deliveries WILL NOT BE BOOKED IN, they will just appear on your chosen day, and will be delivered between the hours of 8.30 a.m. and 1.00 p.m. 

 

The following terms apply to subscription purchases of goods:

7.11. We will remind you via email when you have an upcoming delivery under your subscription.

7.12. If you have a subscription and place a bulk order (goods delivered on a pallet) we will aim to fulfil your order on the date set out in your online subscription account. Where we are unable to supply on the date specified and there will be a delay in despatch, we will let you know as soon as possible.

7.13. If you have a subscription and have placed a parcel order, delivery is usually 1-3 working days from the date of dispatch. You will receive tracking notifications from the courier after the despatch of your order.

The following terms apply to all purchases of goods:

7.14. In the event of you agreeing to delivery and not being at home during the agreed time period, or there not being a safe place to leave the goods, and a re-delivery is required, then a charge of £30.00 per pallet will be made.

7.15. Delivery drivers are not expected to manoeuvre the pallet beyond the rear of the vehicle but will risk assess each delivery and always be as helpful as possible where conditions allow. 

7.16. Delivery will be kerbside unless the driver is able to deliver closer to your property - this decision will be made by the driver. In the event of a delivery not being possible due to poor access or gravel drive then the delivery will have to be “kerbside” (i.e. left as near to the property as possible). If this is still not possible on the day, a re-delivery charge of £30 may be imposed.

7.17. All goods must be checked on arrival and delivery paperwork signed unless prior agreement has been made with the delivery company to leave the goods at the property at which point these will be left at the customer’s risk.

7.18. On making a bulk purchase, once delivered the pallet on which the product is delivered automatically becomes the property of the purchaser.

7.19. Any delivery issues must be reported immediately to Certainly Wood Limited.

7.20. Lead times may extend during busy periods.

The following terms apply to renewal of the Fire Club membership:

7.21. We will remind you via email when your membership is due to renew and we will let you know what the current price of renewal is. You can cancel your renewal at any time prior to renewal via your online account with us.

 

  1. Your rights to end the contract for the supply of goods or services

8.1. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing when you decide to end the contract and whether you are a consumer or business customer. If you are a consumer and have just changed your mind about the product, see clause 8.3. You will be able to get a refund for the price you paid for the products if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.

8.2. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

a) the products do not meet specifications shown on our website at the time of order. In this instance we offer a Money-Back Guarantee and shall arrange for the collection of the goods at our own costs and a full refund;

b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

c) we have told you that there is a risk supply of the products may be significantly delayed because of events outside our control;

d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or

e) you have a legal right to end the contract because of something we have done wrong.

8.3. The deadline for changing your mind. If you are a consumer and you change your mind about a product you must let us know within the cooling off period which is no later than14 days after:

  • The day we deliver your goods
  • The day we confirm we have accepted your order if it is for the Fire Club membership service. If you use any of your membership perks before cancelling the Fire Club membership in accordance with this term, the cost of the perks used will be charged to you as a charge for the use of the service. 
8.4. Even if we are not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract

 

  1. How to end the contract with us (including if you are a consumer who has changed their mind)

 9.1. To end the contract with us, please let us know by doing one of the following:

a) Call customer services on 01981 251796 or email us at marketing@certainlywood.co.uk.

b) Please provide your name, home address, details of the order and, where available, your phone number and email address.

c) Email or write to us at the address above, including details of what you bought, your order number, when you ordered or received it and your name and address. We suggest you ring first to discuss the issue.

d) Where you wish to cancel a subscription or renewal of the Fire Club membership, you may let us know in the ‘Manage Subscription’ section of your online account with us.

9.2. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods to us or allow us to collect them from you. Please call customer services on 01981 251796 or email us at office@certainlywood.co.uk for a return label or to arrange collection.

9.3. You must pay the costs of return if you are returning because you have changed your mind. We will pay the costs of return:

a) if the products are faulty or misdescribed; or

b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return which is circa £50 per pallet

9.4. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

9.5. If you are entitled to a refund under these terms, we will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below. We don’t refund any extra you have paid for any delivery service except our standard economy delivery service.

9.6. We will make any refunds due to you as soon as possible and in any event, within 14 days of your telling us you have changed your mind

 

  1. Our rights to end the contract

 10.1. We may end the contract for a product at any time by writing to you if:

a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or

b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

10.2. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

 

  1. Price and payment

 11.1. For one-time (non-subscription) orders and purchases of membership to the Fire Club, the price of the product (which includes VAT) and delivery charges will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 9.3 for what happens if we discover an error in the price of the product you order.

11.2. For subscription orders, the price of the product and delivery charges are liable to change at any time but changes will not affect orders which have already been dispatched. We will give you at least 30 days’ notice (by email) of a change in the price for a scheduled order.

11.3. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

11.4. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

11.5. When you must pay and how you must pay for one-time (non-subscription) orders and purchase of Fire Club membership. We accept payment with credit and/or debit cards. Payment is to be made on order and your card will be charged at this point, even though delivery lead times can be up to 21 days. We will take payment for your renewal of the Fire Club membership via the payment method we hold for you in your online account.

11.6. When you must pay and how you must pay a purchase of Fire Club membership. We accept payment with credit and/or debit cards. Payment is to be made on order and your card will be charged at this point. We will take payment for your renewal of the Fire Club membership via the payment method we hold for you in your online account.

11.7. When you must pay and how you must pay for subscription orders. Payment is taken via your chosen payment method for your first delivery at the time you sign up for a subscription and thereafter payment is taken at the intervals you select when you sign up for the subscription. We will notify you via email before payment is taken at your requested intervals.  If we are unable to take payment, the scheduled delivery will be cancelled.  You are responsible for the frequency of deliveries.

11.8. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

11.9. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC  Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

11.10. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest.

 

  1. Our responsibility for loss or damage suffered by you if you are a consumer

 12.1. If we are delivering goods to your property with our own vehicles, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

12.2. If goods are being delivered to your property by our chosen third-party carrier, they will be responsible for any damage caused to your property whilst doing so. However Certainly Wood will do whatever is possible to help sort the problem.

12.3. If you are a consumer, we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 13.

 

  1. Our responsibility for loss or damage suffered by you if you are a business

 13.1. Nothing in these terms shall limit or exclude our liability for:

a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

b) fraud or fraudulent misrepresentation;

c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

13.2. Subject to clause 13.1:

a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

  1. How we may use your personal information

We will only use your personal information as set out in our privacy policy which is published on our website or available on request.

 

  1. Other important terms

15.1. If our supply of your product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but you can contact our us to end the contract and receive a refund for any products you have paid for in advance, but not received

15.2. We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

15.5. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

15.6. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you are a consumer living in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in. Local Customers - If you live in the Herefordshire area or 40-mile radius via land transport from Certainly Wood (HR2 9JJ) please visit local.certainlywood.co.uk to place a 'local' order or call 01981 251796. Offers on www.certainlywood.co.uk do not apply to customers categorised as a local customer.

15.7. Discount Codes - can only be used once, minimum order value £125. Some products may be excluded. All terms and conditions and delivery information apply. Codes cannot be redeemed past the closing date. Cannot be substituted, exchanged or refunded. Code must be entered at the checkout if ordering online or stated at the time of order via telephone. Expiry dates will be stated on the voucher when given. Cannot be used in conjunction with any other offers or discount codes including any ‘Black Friday’ offers.

15.8. £10 Discount - Only applies to new customers and is only applicable to orders over £125. Cannot be used in conjunction with any other offers. No cash alternative or refunds offered. Full Terms & Conditions and Delivery Information apply.   Updated 23/07/24