Terms of Use of Our Website

1. Terms of website use

1. This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.fireheartcoffee.com  (the “Website”), whether as a guest or a registered user. Use of our Website includes accessing, browsing, or registering to use our Website.
2. Please read these terms of use carefully before you start to use our Website, as these will apply to your use of our Website.
3. By using our Website, you confirm that you accept these terms of use and that you agree to comply with them.
4. If you do not agree to these terms of use, you must not use our Website.

2. Other applicable terms

1. These terms of use refer to the following additional terms, which also apply to your use of our Website:
1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
2. Our Cookie Policy, which sets out information about the cookies on our Website.
2. If you purchase goods from our Website, our Terms & Conditions of Supply will apply to the sales.

3. Changes to these terms

1. We may revise these terms of use at any time by amending this page.
2. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

4. Changes to our Website

1. We may update our Website from time to time and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it.
2. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.

5. Accessing our Website

1. Our Website is made available free of charge.
2. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
3. You are responsible for making all arrangements necessary for you to have access to our Website.
4. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

6. Your account and password

1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
3. If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at hello@fireheartcoffee.com 

7. Intellectual property rights

1. We are the owner or the licensee of all intellectual property rights in our Website, and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
5. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
6. If you print off, copy, or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8. No reliance on information

1. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
2. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.

9. Limitation of our liability

1. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
4. use of, or inability to use, our Website; or
5. use of or reliance on any content displayed on our Website.
6. If you are a business user, please note that in particular, we will not be liable for:
7. loss of profits, sales, business, or revenue;
8. business interruption;
9. loss of anticipated savings;
10. loss of business opportunity, goodwill or reputation; or
11. any indirect or consequential loss or damage.
12. If you are a consumer user, please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
14. We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
15. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and Conditions of Supply.

10. Viruses

1. We do not guarantee that our Website will be secure or free from bugs or viruses.
2. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
3. You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

11. Linking to our Website

1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
3. You must not establish a link to our Website in any website that is not owned by you.
4. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.
5. We reserve the right to withdraw linking permission without notice.

12. Third party links and resources in our Website

1. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
2. We have no control over the contents of those sites or resources.

13. Applicable law

1. If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
2. If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

14. Contact us

To contact us, please email hello@fireheartcoffee.com 

Thank you for visiting our Website.

 

Terms and Conditions of Supply

This page (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on our website, www.firehertcoffee.com (the “Website”). These Terms also govern your membership with us.

These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Website. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.

We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

Our liability if you are a consumer

This clause only applies if you are a consumer.

1. We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
2. Nothing in these Terms limit or exclude our liability for:
1. death or personal injury caused by our negligence;
2. fraud or fraudulent misrepresentation;
3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
4. defective products under the Consumer Protection Act 1987.
3. Subject to clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
1. any loss of profits, sales, business, or revenue;
2. loss or corruption of data, information or software;
3. loss of business opportunity;
4. loss of anticipated savings;
5. loss of goodwill; or
6. any indirect or consequential loss.
4. Subject to clause 13.2 and clause 13.3, 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 the price of the Products.
5. Except as expressly stated in these Terms, we do not give any representation, warranties, or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

Your consumer right of return and refund

This clause only applies if you are a consumer.

Our right to vary these terms

1. We may revise these Terms from time to time. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
2. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

How the contract is formed between you and us

1. Our Website will guide you through the steps you need to take to place an order with us. Please take the time to read and check your order at each stage of the order process.
2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.3.
3. We will confirm our acceptance to you by sending you an e-mail (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
4. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on the Website as referred to in clause 11, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

Restrictions

1. This clause 5.1 only applies if you are a consumer. You may only purchase Products from the Website if you are at least 18 years old.
2. This clause 5.2 only applies if you are a business.
1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Website to purchase Products.
2. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
3. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

How we use your personal information

We only use your personal information in accordance with our Privacy Policy. For details, please see our privacy policy. Please take the time to read these, as they include important terms which apply to you.

Use of the Website

Your use of the Website is governed by our Terms of Use. Please take the time to read these, as they include important terms which apply to you.

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.

9. 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.
10. 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).

 

If you have a complaint please contact us on the following email address. hello@fireheartcoffee.com