1:ORDERING / AMENDMENTS

You are deemed to have placed an order with us by ordering via our online checkout process or via telephone ordering system. As part of our checkout process you will be given the opportunity to check your order and to correct any errors prior to confirming the order. Once completed, we will send you an order acknowledgement detailing the products you have ordered and the pricing to the e-mail address provided during the ordering process. The order is only accepted by J H Todd & Son upon dispatch of the ordered goods and confirmed via a dispatch confirmation e-mail even if your payment has been processed immediately. We will notify you by phone or e-mail if we cannot accept your order or if you cancel the order prior to dispatch.

1.1: We may refuse to accept an order:
a) Where goods are not available
b) Where we cannot obtain authorisation for your payment
c) If there has been a pricing or description error
d) If you do not meet any eligibility criteria set out in our terms and conditions

1.2: Any order amendments must be made before goods are dispatched, dispatch may be up to three 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.

2: PRICING

2.1: Should an incorrect price be displayed, J H Todd & Son reserves the right to refuse orders as set out in ‘Ordering’ (above).

2.2: All prices quoted by the Company are only valid at the time of contract and are exclusive of any other matters unless otherwise agreed and may be changed at any time.

2.3: The Company reserves the right to revise the quoted price in the event of unforeseen and extraordinary expenses for the Company appertaining the goods.

2.4: VAT All prices stated include VAT at the applicable rate. For orders made outside of the UK all orders will be charged including the applicable UK rate of VAT. Any UK VAT paid can then be claimed back through your home country.

2.5: Pro-Forma Invoices are valid for 30 days from the date stated on the invoice. And if cost prices change, that invoice may become void.

3: DELIVERY

3:1: J H Todd & Son will make every effort to deliver products 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 whatsoever.

3.2: Delivery is deemed to be successful once the products have arrived at the address provided for delivery.

3.3: A signature is required for the delivery of all goods unless prior arrangements have been specified.

3.4: If a signature is required you should check the number and condition of cartons whilst inspecting the contents of the goods before signing. Should there be any shortages or damages, these must be notified to J H Todd & Son by e-mail:- jhtoddcoal@gmail.com within 5 days of delivery.

3.5: If the customer has requested the goods to be left at the recipients address without a signature goods are left unsupervised J H Todd & Son will not accept liability for the goods. Without a signature the delivery will only be made if the delivery driver considers the delivery point safe, the goods are not obstruction to the highway or access to any other property.

3.6: Once delivered the responsibility for the product is deemed to be the cardholder’s and any loss or damage to the product is then at your own risk. This is particularly notable when deliveries are made to public/work places such as hospitals, hotels etc where the signature of any authorised body is deemed to be proof of delivery

3.7: The inclusive delivery (if on any products) offer is available to the vast majority of the UK (exceptions may apply for delivery to the Scottish Highlands, UK islands and Northern Ireland) however if a delivery will attract an additional shipping fee then we will contact you first in order to confirm that you still wish to continue the order. Any additional fees due will be charged at cost.

3.8: The Company will not accept any liability for late delivery of the goods and delivery time will not be of the essence of the contract.

3.9: The Company will not accept liability for non-delivery, where this is caused by circumstances beyond its control.

3.10: In the case of a delivery being refused or aborted at the delivery address, we reserve the right to charge for a second delivery as our inclusive delivery obligation only stands for the first delivery attempt.

3.11: All deliveries by the company shall be conditional upon access free from encumbrances and good roads being available to the delivery vehicles to the place of delivery. The company will not accept any liability for damages to property caused during delivery. If the company, or its agent cannot gain access to the delivery address then additional costs may be incurred (this being a minimum of £100.00). Deliveries are made using large vehicles and it is the customer’s responsibility to inform the company if there may be an access problem. The company will confirm the outcome by e-mail. In such cases that delivery, in the opinion of the company is not possible, then the company reserves the right to cancel the order. This above action must be completed before 2.00 pm on the day prior to delivery. E-mail confirmation of orders also request the customer to contact the company if a delivery problem may occur. Delivery vehicles use tail lift offloading, and it must be emphasised that the delivery vehicle must be able to park in an area where the delivery is to be made. A pallet truck is then used to manoeuvre the products 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.

3.12: Deliveries requested AM are to be delivered before 12:30 and PM deliveries after 12:00. Failure to meet these times will result in a refund for the extra cost paid for AM or PM. The actual time of delivery must be written on the delivery note and signed for. If the delivery is requested without signature, no refund can be applied.

3.13: If the delivery is unable to be completed or refused by the customer, the customer will be responsible for the delivery cost and any cost incurred by J H Todd & Son to have the goods returned.

3.14: For further Delivery instructions please do not hesitate to Email: jhtoddcoal@gmail.com

4. CANCELLATION/RETURNS POLICY

4.1. The customer has the right to cancel their order, however if it has already been dispatched or if you are wanting to return this due to access conditions being unsuitable for pallet deliveries then there will be a £50 per pallet charge + any zonal charges that falls on the customer. If you do want to cancel then the customer will only receive the cost of the product back. The product can be returned at the customers own cost within 14 days and we will happily supply a label for this. If the product is cancelled before being dispatched then there will be a £25 charge to cover the admin fee as well as the cost of refunding money back onto a card. If a delivery cannot be made on the day requested due to access issues or unforeseen circumstances we will attempt a re-delivery at your request on a specific day for a charge of £15.00 per pallet. If you have any queries then please do Email us jhtoddcoal@gmail.com

4.2. Cancellations are not accepted by telephone and must be by the following method:
Email to jhtoddcoal@gmail.com

4.3. The cardholder is liable to all return shipping costs under this right, please contact us for advice if you wish to exercise this right.

4.6. Any item that arrives damaged will be collected and replaced within a reasonable period of time (we strive for next day delivery and replacement for many items). All damages / defects must be reported within 5 days from the date of delivery. All returned / exchanged products (including the boxes) must be in their ORIGINAL CONDITION and they must be in their ORIGINAL PACKAGING. N.B. – DO NOT TAPE UP, OR WRITE ON BOXES. They must also be suitably packaged. Customers are advised to obtain and complete a ‘certificate of postage’ form stamped by the Royal Mail before returning item. Responsibility of the goods remains that of the customer until safely received by J H Todd & Son accepts no liability for goods lost in transit back to our warehouse.

5: LICENCE

You are permitted to print and download extracts from this Website for your own use on the following basis:
a) No documents or related graphics on this Website are modified in any way.
b) No graphics on this Website are used separately from accompanying text.

5.1: Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with that stated above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.

6: SERVICE ACCESS

While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

7: DISCLAIMER

While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

8: LIABILITY

We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

8.1: Nothing in these terms and conditions shall exclude or limit our liability for
(i) Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977)
(ii) Fraud
(iii) Misrepresentation as to a fundamental matter
(iv) Any liability which cannot be excluded or limited under applicable law.

8.2: If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

9: GOVERNING LAW AND JURISDICTION

9.1: These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

9.2: We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

10: MISCELLANEOUS

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect. Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
Orders received for Goods not authorised for use in smoke control areas are subject to your responsibilities in understanding and complying with the Clean Air Act.