Organic El Palto coffee by Fireheart Coffee

Terms and Conditions

OUR PRODUCTS

1. We sell our bags of coffee on a flexible subscription model – you can order from the combinations as detailed in the buy Fireheart Coffee pages on the website.
2. The images of the Products on the Website are for illustrative purposes only. Your Products may vary slightly from those images.
3. The packaging of the Products may vary from that shown on images on the Website.
4. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
5. All Products shown on the Website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order.
6. Time is not of the essence for any obligation in this agreement.

INFORMATION ABOUT US

1. We are Fireheart Coffee Roasters Limited, a company registered in England and Wales under company number 12613920 and with our registered office at The Old Chapel, Union Way, Witney, Oxon, OX28 6HD.
2. If you are a consumer you can contact us in the following ways:
   1. To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you just need to let us know that you have decided to cancel. The easiest way to do this is through the edit/amend button of your “account/login page” on our website. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at hello@fireheartcoffee.com or by post to Fireheart Coffee, 126 Alexandra Park Road, Muswell Hill, London N10 2AH. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
   2. If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at hello@fireheartcoffee.com.
3. If you are a business you can contact us by e-mailing us at hello@fireheartcoffee.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 16.3.
4. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts Regulations 2013 during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
5. However, this cancellation right does not apply in the case of:
   1. any used or opened Products;
   2. any custom-made products or products made to your specification or clearly personalised;
   3. Products that are not suitable for return due to health protection or hygiene. For example, if the goods become unsealed after delivery or have perished;
   4. any Products which become mixed inseparably with other items after their delivery; or
   5. any other category excluded by the Consumer Contracts Regulations 2013.
6. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is the end of 14 days after the day on which you receive the Product.
7. To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is through your account on our website. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at hello@fireheartcoffee.com. If you are e-mailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail to us. 
8. If you cancel your Contract we will:
   1. refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
   2. refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
   3. make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
      1. if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. 
      2. if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.
   4. As coffee is a natural product that is perishable and is roasted to order, we are unable to accept returns on coffee orders. If there has been an error with your order, please contact us within 14 days of your purchaseIf you have returned the Products to us because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
   5. We will refund you on the credit card or debit card (or other payment method) used by you to pay.

10. If a Product has been delivered to you before you decide to cancel your Contract:
    1. then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Our returns address is: Fireheart Coffee, 126 Alexandra Park Road, Muswell Hill, London N10 2AH.
    2. unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
11. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

DELIVERY

1. Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
2. Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
3. You own the Products once we have received payment in full, including all applicable delivery charges.

INTERNATIONAL DELIVERY

1. Unfortunately, we do not delivery to addresses outside the UK or the Channel Islands.
2. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK or the Channel Islands.

PRICE OF PRODUCTS AND DELIVERY CHARGES

1. The prices of the Products will be as quoted on the Website at the time you submit your order. All bags of coffee are £7.50 and above, which includes delivery to any address in the UK or the Channel Islands.
2. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.
3. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
4. The price of a Product includes delivery and VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
5. It is always possible that, despite our reasonable efforts, some of the Products on the Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
   1. where the Product’s correct price is less than the price stated on the Website, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
   2. if the Product’s correct price is higher than the price stated on the Website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

HOW TO PAY

1. You can pay for Products using a debit card or credit card. We accept the following cards: Visa, MasterCard, and American Express, Google Pay, Apple Pay, PayPal.

OUR LIABILITY IF YOU ARE A BUSINESS

This clause 13 only applies if you are a business customer.

1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3. We do not in any way exclude or limit our liability for:
   1. death or personal injury caused by our negligence;
   2. fraud or fraudulent misrepresentation;
   3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
   4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
   5. defective products under the Consumer Protection Act 1987.
4. Subject to clause 14.2 and clause 14.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100 or 300% of the price of the Products, whichever is lower.

EVENTS OUTSIDE OUR CONTROL

1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
   1. we will contact you as soon as reasonably possible to notify you; and
   2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

COMMUNICATIONS BETWEEN US

1. When we refer, in these Terms, to “in writing”, this will include e-mail.
2. If you are a consumer you may contact us as described in clause 1.2.
3. If you are a business:
   1. Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our Website.
   2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our Website, immediately.
   3. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
   4. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

OTHER IMPORTANT TERMS

1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
3. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
6. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
7. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).