Conditions of Sale

1 General
In these conditions of sale:

• The company means A & E Evans Coal Merchants Trading as Direct Fuel 2 U. Registered address: Direct Fuel 2 U, A E Evans Coal Merchants, Three Cocks, Industrial Estate, Brecon, Powys, LD3 0SD

• Correspondence address: Direct Fuel 2 U, A E Evans Coal Merchants, Three Cocks, Industrial Estate, Brecon, Powys, LD3 0SD

• The customer means any person contracting with the company for the supply of products or services.

• Delivery means delivery by the company or any subcontractor employed by the company directly or indirectly.

These conditions may only be modified by a variation in writing signed on behalf of the company by a Director.

Submission of a purchase order will be taken as agreement to these terms and conditions.

2 Supply of Products

Products are sold under the express understanding that:

• Contracts for the supply of goods or services to retail or domestic customers are governed by The Sale of Goods Act 1979 (as amended) and supplied in compliance with, The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCICAR). Any customers contacting in the course of their business are excluded from consumer protection legislation and are contacting with the company on a business to business basis.

• The customer is made fully aware that we cannot guarantee that the appearance and/or colours of products shown on this site exactly reproduce the appearance and/or colours of the physical products themselves.

• The company requires any complaint to be made in writing by the customer within a reasonable time after collection or delivery. If the customer is dissatisfied with the product then it must be returned to the company within 14 working days after the complaint has been logged. A refund will then be made for the original purchase price. Return charges may apply.

• All prices quoted by the company for the sale of coal include the cost of delivery unless otherwise stated.

• Customers are required to pay by credit card/debit card at the time of ordering.

• All fuel (however delivered) shall be at the customers risk from the time of collection (if so collected) or from the time of delivery.

• The company accepts no responsibility for customers burning non smokeless fuels inside smoke control areas.

3 Delivery

• The company will make every effort to deliver fuel on the agreed date, but if for any reason the company is unable to deliver then no liability whether in damages or otherwise for delay of whole or any part of the goods ordered arising from any cause will be accepted. We are not responsible for delays outside our control.

• Delivery by the company shall be conditional upon access free from encumbrances and good roads being available to the company’s vehicles to the place of delivery.

• All deliveries will be made in a 18 tonne ridged vehicle unless a smaller 7. 5 tonne vehicle is specified.

• The company will not accept any liability for damages to property caused during delivery.

• Any additional charges incurred during delivery (i.e. parking charges, re-delivery etc) will be at the liability of the customer.

• Delivery vehicles use tail lift offloading, and it must be emphasised that the delivery vehicle must be able to park in the area where the delivery is to be made. A pallet truck is then used to manoeuvre the goods off the tail lift to the kerbside delivery point. The customer, or somebody appointed by the customer, should be at the delivery point to accept the delivery. The delivery drivers are only contracted to deliver the goods kerbside. The goods will be palletised and shrink wrapped.

• Due to the increase of orders made on Black Friday our couriers are not able to guarantee delivery on your desired delivery day. Your order could arrive one or two working day late. Apologies for the inconvenience.

*The kerbside delivery point must be flat and hard standing. We cannot deliver to hills, slopes, inclines or gravel. If you have any concerns over the delivery you must contact the company by 2pm the day before scheduled delivery.

• Whilst every effort will be made to carry out any delivery instructions passed on, this is not always possible. Any instructions left for delivery are at the discretion of driver and do not waive the standard kerbside terms and conditions. If a drop is requested to delivered without signature no refund can be applied.

• Any shortfall in the quantity delivered, or damages to the product, must be written on the delivery note at the time of delivery. When signing for the goods you are agreeing they have been received in full and in good order. We cannot offer any refunds or replacements without this. It is at your own risk if you are not at the property to receive and check the goods.

• If any of the products arrives damaged, we ask that the customer emails photographs in as soon as possible after the delivery to info@directfuel2u.co.uk

• Please note: If we are required to make a re-delivery due to withheld information regarding access to the customers address, the customer will incur another charge for re-delivery. If the third party hauler company arrives at the location and deems it unsafe or impossible to complete the delivery due to withheld information, the customer will receive a refund minus the delivery charge.

4 Cancellation/Returns Policy

• The customer has the right to cancel any product or services under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCICAR). Any cancellation must be made within 14 days from the date of the order being placed.

• Cancellation needs to be done in a clear statement from the customer, setting out the decision to cancel the contract. We recommend doing this writing to one of the following:
  a. Electronic Mail to info@directfuel2u.co.uk
  b. Letter to Direct Fuel 2 U, A E Evans Coal Merchants, Three Cocks, Industrial Estate, Brecon, Powys, LD3 0SD. Letters will have been deemed to be received two working days following the postmark date.

• Customers are required to return the goods, at their own expense, to Direct Fuel 2 U, A E Evans Coal Merchants, Three Cocks, Industrial Estate, Brecon, Powys, LD3 0SD without undue delay and in any event not later than 14 days after the cancellation. 

• Refunds will not be processed until the product has been received by the warehouse. Upon return we will authorise the refund within 24 hours and depending on your bank, it could then take up to 5 business days to be back in your account.

5 Order amendments

Any order amendments must be made before goods are dispatched; dispatch may be up to two working days prior to delivery. A unique amendment reference will be returned with your amendment confirmation email; this will be needed in any further correspondence or dispute. We are unable to amend orders after dispatch.

6 Working Days
Working days are Monday, Tuesday, Wednesday, Thursday and Friday. Saturday and Sunday are not working days.

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These conditions and any contract or variation are governed by the law of England and Wales. Any disputes arising from these conditions or any contract or variation entered into by the company with the customer which cannot be settled in the ordinary course of business shall be referred to a single arbitrator in accordance with the arbitration act 1950 or any modification thereof for the time being in force.

This policy does not affect your statutory rights

• The customer will at all times be responsible for the security and insurance of their equipment.

• The customer will comply with all requirements of Health & Safety Legislation

• Delivery will be made on a kerb side delivery basis and will be the customer’s responsibility to move the coal from the place of delivery to the place of storage.

• The company accepts no responsibility for injury or damage caused to persons or equipment whilst on company premises.

 

Other Terms

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The Approved Coal Merchants Scheme is responsible for administering the coal trades Code of Practice, which defines a basic standard of service for consumers. The ACMS is actively supported by producers and manufacturers of solid fuels as well as the distributive coal trade Independent consumers have a voice on the National Panel and with the other industry bodies they are active in monitoring the work of the Code on consumers behalf.

ACMS Area Panels are responsible fo screening employed whenever any excess of examining the knowledge of each applicant for smalls is apparent membership to make certain that new members meet the standard laid down in the Code To ensure that these standards are maintained, a careful monitoring of trading activity is undertaken regularly.

The Coal Trade Code lays down seven principles of honest and fair trading as embodled in the Consumer Charter.

 

SUPPLY GOOD QUALITY AND SMOKELESS FUEL CORRECTLY DESCRIBED

The producers or other distributor’s description must be applied to all sales of coal and smokeless fuel to ensure that consumers have adequate information. Covered storage should be used wherever possible and stocks laid down on hard, properly drained bases. Where appropriate mechanical bagging machinery with screens to extract smalls should be installed or hand screening employed whenever any excess of smalls is apparent.

 

ENSURE THAT PACKED FUELS ARE MARKED WITH MAXIMUM INFORMATION

Care should be exercised to ensure that pre-packed coal or smokeless fuel is of good quality and properly described. Consumer protection legislation for the marking of pre-packs should be observed and, additionally pre-packs must be marked with a statement informing consumers whether or not the contents are authorised for use in a smokeless zone.

 

ENSURE THAT STAFF HAVE A BASIC KNOWLEDGE OF THE RETAIL COAL TRADE

Full knowledge of the following is required by members of the ACMS:

(i) The appearance, properties, brand names and use of the full range of coals and smokeless fuels.

(ii) The facilities, technical advice and assistance provided by the ACMS, the Solid Fuel Association and various producers. Members should be able to advise consumers on accredited chimney sweeps and heating engineers as appropriate.

(iii)The relevant requirements of Weights and Measures Acts, the Trade Descriptions Act, consumer protection and other consumer
legislation.

(iv)The relevant requirements of clean air legislation and of any smoke control orders applicable in members’ trading areas.

(v) A working knowledge of appliances and the most suitable coal or smokeless fuels available for each type of appliance.

(vi) A working knowledge to advise consumers on the safe operation and maintenance of appliances.

 

SUPPLY SUITABLE FUELS FOR PARTICULAR APPLIANCES

Members should either supply the full range of coals and smokeless fuels available on the market, or if this cannot be done because of commercial considerations be able to make arrangements through some other member, to be able to offer an adequate range of fuel types and qualities to customers. Members should also advise on and supply the most suitable coal or smokeless fuel available for particular appliances in accordance with the consumer’s wishes and manufacturer’s recommendations and having regard for the importance of safety and maintaining consistency, type and size.

 

INVESTIGATE ALL CONSUMER COMPLAINTS PROMPTLY

Members should keep a record of complaints relating to any of the provisions of the Coal Trade Code and take action based on this information to improve service to consumers.

All consumer complaints must be investigated by members without delay with a view to resolving the complaints to the consumer’s satisfaction.

If a complaint proves impossible to resolve, the member must advise the consumer to contact the National Secretary of the Scheme who will take further action to seek a solution in association with Area Panels and the Independent Chairman. The Panel is also empowered to investigate whether a breach of the Code has occurred and take any disciplinary action it deems necessary against the member, including termination of
membership.

 

DISPLAY A DETAILED AND UP-TO-DATE PRICE LIST

Members must display prominently at business premises and have available on vehicles hawking coal or smokeless fuel a complete and up-to-date price list The list must be clearly readable and should state units of measurement and include discounts or premiums applying to size of deliveries credit terms or location Members should endeavour to apply the price ruling on the day the customer places an order but if this is not the case the customer must be informed. On deliveries of over 100kg customers must be given an invoice or delivery note giving details of the price per bag of coal or smokeless fuel.

 

TRADE IN A MANNERCOMPATIBLE WITH THE GOOD REPUTE OF THE RETAIL COAL TRADE

Members should take all reasonable steps including the proper supervision and instruction of staff and contractors, to avoid the commission of any criminal offence involving dishonesty or relating to relevant legislation such as the Weights and Measures Acts, the Trade Descriptions Act and the Clean Air Acts. Members should not knowingly purchase or acquire coal or smokeless fuel from anyone whose sale of it would be in a breach of a contract with a third party, e.g. buying concessionary supplies, or where the member himself is in breach of such a contract.

At all times members should give priority to orders notified as urgent on account of illness, old age or infirmity.

Members must hold a valid certificate of Public and Product Liability Insurance which in the event of a successful claim will indemnify them for liability arising from the distribution and sale of solid fuel to members of the public, up to an amount of not less than f 1,000,000.

Members should be aware that commission of a criminal act leading to conviction in the courts may be grounds for termination of membership by the Area Panel if it considers that the good repute of the trade in their area is likely to suffer as a result of the member continuing to trade as an Approved Merchant.