Returns Policy

Biomassparts.com will accept returns for certain goods under certain circumstances. Prior written authorisation must be obtained for any and all goods wishing to be returned and all necessary paperwork must be included. If you need to return goods please contact us in writing.

We will accept returns for faulty goods without penalty. All our products are guaranteed by law to be fit for the purpose intended and of merchantable quality. Under no circumstances can Biomassparts.com accept a claim for faulty goods where the goods are not available for inspection.

A 25% handling charge will be levied for returns where customer error is the cause.

Biomassparts.com will not accept returns for special order items under any circumstances other than faulty goods.

Due to the electrostatically sensitive nature of PCBs and Electronic Modules regretfully we are unable to accept these items for return or credit, we are also unable to accept ceramic/heating elements for return as these products can fail quickly when misused. Please ensure you are certain it is the correct part you require and you are aware of any lead time before ordering.

Any part submitted for return as faulty from the manufacturer will only be approved for a credit if the original equipment manufacturer agrees there was a defect during the manufacturing process. In all cases please contact us before returning any goods.

Claim For Damaged/Faulty Goods

In order for Biomassparts.com to process the claim we require further information; please could you provide the following:

• Photographic evidence of the damaged item.
• Photographic evidence of the internal and external packaging that the damaged item was in.

If you are unable to provide any of the above please contact the Returns & Claims Department by calling +44 (0)1271 446244 or email returns@biomassparts.com .

Please read our Terms & Conditions for full guidance on Biomassparts.com returns policy.

Terms & Conditions of Sale

Biomassparts.com - Howard Services Ltd. (Version 2.0)

Customers should pay particular attention to:
3.1, 4.3, 4.4, 4.5 4.6, 4.91

1.0 DEFINITIONS

1.1 In these Conditions of Sales “the Seller” is Howard Services Ltd trading as "Biomassparts.com", “goods” are the items supplied by the Seller, the subject of this contract “The Buyer” is the party to whom the goods are supplied under this Contract.

2.0 CONSTRUCTION OF THE GOODS

2.1 The Seller reserves the right to make (without giving notice to the buyer) any alteration in the construction and design of the goods which it thinks reasonable or desirable or which it is required to make by law and the Buyer shall accept the goods as so changed in fulfilment of the Buyers rights under the contract

2.2 The Seller shall not be bound to comply with any requests from the Buyer to modify or otherwise vary the previously agreed design or composition of the goods. If the Seller decides to comply with such requests, any additional costs incurred by the Seller shall be born by the Buyer.

3.0 ACCEPTANCE OF ORDER

Orders are accepted only upon and subject to these Terms and Conditions.

Unless expressly accepted by the Seller in writing, any qualifications to the conditions appearing in the Buyers order or otherwise will be treated as inapplicable and not binding on the Seller in any way whatsoever.

3.1 SPECIAL ORDERS

Special orders can be subject to a lead-time of between 2 and 31 working days. They are only supplied on the strict understanding that they cannot be returned or cancelled even should there be a delay from the supplier.

3.2 CANCELLATION OF ORDERS

Cancellation of orders must be made within one hour in order to prevent shipping.

4.0 DELIVERY, LOSS DAMAGE, SHORTAGE AND RETURNS

4.1 The Buyer will provide the Seller without delay all the information the Seller requires to fulfil this contract and the estimated time of delivery will run from the date the Seller receives that information.

4.2 Whilst the Seller will use his best endeavours to provide the goods in the time stated, if the seller is prevented from doing so by causes outside its control then the Seller will be entitled either to terminate this contract (in which case the Seller will be entitled to be paid for services partially performed and all costs and expenses incurred in relation to this contract) or to specify a reasonable extension of time.

4.3 DAMAGE IN TRANSIT

The seller shall not be liable in respect of any claims for damages in transit or loss through damage in transit, unless the carrier and the seller are notified in writing within 3 days of arrival of the damaged consignment, and in cases where the consignment shows outward signs of damage, the delivery is clearly signed for as damaged on the delivery paperwork.

4.4 SHORTAGES

The Seller shall not be liable for shortage of goods unless any claim for non-delivery is notified in writing within 3 days of arrival of consignment.

4.5 NON-DELIVERY

The Seller shall not be liable unless any claim for non-delivery is notified in writing within 21 days of dispatch to both Seller and Carrier.

4.6 RETURNS

Before returning faulty, damaged or other goods for credit, please request our consent. Then use the Goods returns note supplied to you. Under no circumstances can the Seller accept a claim for faulty goods where the goods are not available for inspection. Claims in respect of alleged faulty goods shall not be a ground for withholding payment of accounts and shall not give the customer any right of set off against payments due to the Seller.

4.7 FINISHED PRODUCTS

Subject to the terms of this contract, the following additional condition applies to the supply of Finished Products:

4.7.1 We can only accept returns of such products that have been authorised by a Company representative or by our Service Manager.

4.7.2 Such returns must have been purchased within 28 days and a manufacturing fault must have developed.

4.7.3 Such returns must arrive at our warehouse complete; machines returned without accessories will not be credited.

4.7.4 Machines with a non-manufacturing fault purchased within 28 days, or all machines with any fault purchased over 28 days ago, may be redirected to the manufacturer,

4.7.5 Should you wish to rectify a machine with clause 4.7.4 and not being the manufacturer, we regret we cannot be responsible for parts or labour charges.

4.8 GUARANTEES

4.8.1 All our products are guaranteed by law to be fit for the purpose intended and of merchantable quality. This guarantee is subject to the conditions of this contract and also of the provisions hereunder.

4.8.2 A defect in one part of an appliance can adversely affect another part, and consequently the parts listed in 4.8.3 cannot be accepted for return or credit.

4.8.3 The following articles cannot be accepted for return or credit by Biomassparts.com: Ceramic ignitors, Heating elements, Circuitboards.

4.9.1 Subject to the conditions of contract, goods, which have been supplied by the Seller at the request of the Buyer and in accordance with his instructions, CANNOT BE ACCEPTED FOR RETURN WITHOUT THE WRITTEN CONSENT OF THE SELLER.

4.9.2 The Seller reserves the right to dispose of such goods as specified in 4.9.1 returned without written consent, in any way he thinks fit.

4.9.3 Where the Seller consents to returns in the foregoing circumstances a discretionary handling charge of between 15% & 25% will be made.

5.0 PRICES

5.1 The Seller will endeavour to hold prices shown (which are ex-VAT) to the best of his ability but reserves a right to amend them WITHOUT NOTICE at any time.

5.2 Each invoice must be paid in full by the Buyer no later than your agreed term after the invoice date. For late payments the Seller is entitled to add interest to the amount outstanding at the rate of 3% per month compounded.

5.3
5.3.1 In the case of orders supplied by Biomassparts.com not exceeding £100.00 online (or orders placed by email, fax or phone) carriage and packaging will be charged at £10 per parcel for DPD or similar alternative.

5.3.2 For orders containing large items; we reserve the right to charge freight on all consignments dispatched according to weight and size.

5.4 Where dealing is within the U.K. but off the mainland, special terms may apply.

5.5 For orders outside the U.K. prices quoted are ex-works. However, we are happy to obtain quotes for freight on behalf of export customers.

5.6 The Buyer will indemnify the Seller against any loss claim or liability arising from the failure by the Buyer to perform its obligations under this contract.

6.0 LIABILITY

The Seller shall not be liable for defects in goods supplied by third parties or for damage or loss resulting from such defects and the Seller gives no representation or warranty whatsoever in connection with such goods. In no event shall any defect or failure of any kind (including non-delivery) give rise to any liability for loss or revenue or any consequential loss or damage arising from any cause whatsoever.

7.0 RISK AND TITLE

7.1 Risk in the goods shall pass to the Buyer when the Seller notifies the Buyer that the goods are ready for dispatch or the goods are dispatched from the Seller’s premises, whichever is the sooner. The Buyer should insure on this basis.

7.2 The goods shall remain the sole and absolute property of the Seller as legal and equitable owner until such time as all monies due under the terms of this contract have been paid to the Seller.

7.3 The Buyer acknowledges that he holds such goods in a fiduciary capacity until such time as the property in the goods passes to the Buyer as stipulated in 7.2.

7.4.1 Until such time as the Buyer becomes owner of the goods, such goods shall be stored separately from the Buyer’s or any other persons goods, on the Buyer’s premises, and in a manner which makes them readily identifiable as the Seller’s goods.

7.4.2 Subject to the terms of this contract, until such time as he becomes owner, the Buyer is licensed by the Seller to process the goods or incorporate them in or with any other product or products subject to the express condition that the new product or products or any other chattel whatsoever containing any part of the said goods shall be separately stored and marked as to be identifiable as being made from or with the Seller’s goods.

7.5.1 If the Buyer before becoming owner of the goods does anything which would entitle a receiver to take possession of any assets or entitle any person or body to present a petition for winding up or exercise any right over or against the purchaser’s assets or undertaking, the Buyer’s rights to possession in the goods shall cease. The Seller shall have a right to enter any premises where such goods are stored or thought to be stored and repossess the same.

7.5.2 If the Seller’s goods before passing into ownership of the Buyer are admixed with the Buyer’s goods or are processed with or incorporated therein, the produce thereof shall become the sole and exclusive property of the Seller. If such goods are admixed with the property of another, the product thereof shall become or be deemed to be owned by the Seller in common with that other person.

7.5.3 Where the Buyer before becoming owner of the goods re-sells the goods, it shall be subject to the express condition bailee for the Seller and the entire proceeds of such sale shall be held in trust for the Seller and not mingled with any other monies, but shall at all times be readily identifiable as the Seller’s monies.

7.5.4 Where the Buyer has not received monies from a subsequent purchaser the Seller shall be entitled to require the Buyer to assign to it all rights against the subsequent purchaser within 7 days of the sale, for the goods supplied, that have been made from or with the Seller’s goods, provided that ownership of the goods has not passed to the Buyer.

8.0 DATA PROTECTION

Please refer to our Privacy Policy, which can be viewed below.

9.0 LAW AND ARBITRATION

This contract shall be governed by English Law. Any dispute, which the parties are unable to settle between them, shall be submitted to arbitration by an arbitrator to be appointed by the Arbitration Court, London.

Privacy Policy

Version 1.0, effective 25/05/2019

1. Important information and who we are 1.1 Purpose of this privacy policy

Biomassparts.com (‘Howard Services ltd’) is committed to protecting the privacy of our employees, suppliers, customers and all those with whom we come into contact. This privacy policy is intended to inform you on how and why we collect and process your personal data in the course of providing our services to you as a customer of Biomassparts.com. This includes data collected by us, or provided by you, whether in one of our contracts, through our ordering systems, or via any other information sharing channel that we use.

1.2 Who we are

Biomassparts.com is the data controller and is responsible for your personal data. All your personal data shall be held and used in accordance with the EU General Data Protection Regulation 2016/679 (‘GDPR’). We have appointed a data protection officer who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data protection officer using the details set out below.

Howard Services Ltd

Company Reg No: 10643268

Email: orders@biomassparts.com

Address: Unit 6 Mambury Moor, Bideford, Devon, EX39 5NL

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

1.3 Your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

2. The information we collect 2.1 What types of information do we collect about you?

Biomassparts.com requires a range of information in order to administer your account with us. This typically includes:

• Contact Details, including Names, Addresses, Phone Numbers, Email Addresses
• Company Details, including Company Reg Numbers, VAT Numbers, Website Addresses
• Financial Information, including Sales History, Payment History, Credit Ratings, Credit Limits
• Marketing Preferences – whether or not you have opted to receive marketing communications from Maddocks
• Technical & Usage Data, including internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website, information about how you use our website. This is statistical data about our operational performance and service delivery and any information that is shared is for internal use only and does not include personal data.

2.2 What if you fail to provide personal data?

If you fail to provide certain information when requested or required, we may not be able to perform the contract we have entered into with you, or we may be prevented from complying with our legal obligations. In this case, we may have to cancel services you have with us, but we will notify you if this is the case at the time.

3. How we collect your information 3.1 Direct Interactions

Contact Details and Company Details will be provided to Biomassparts.com by you during the process of setting up an account or placing orders with Maddocks. This will be done by completing application forms, or by correspondence via our website, by telephone, email, post, or otherwise.

3.2 Automated Technologies

As you interact with our website, we may automatically collect Technical & Usage Data about your equipment, browsing actions and patterns. Our website uses ‘cookies’ – you can view our Cookie Policy at www.htmaddocks.co.uk/cookie-policy

3.3 Publicly Available Sources

It may be necessary for us to collect Contact Details, Company Details and Financial Information from publicly available sources such as Companies House, and credit reference agencies.

4. How and why we process your information 4.1

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where we need to comply with a legal or regulatory obligation.
• For marketing purposes – only where you have consented to receive marketing communications from Biomassparts.com.

4.2

GDPR sets out the lawful bases for storing and processing personal data – Biomassparts.com use of personal data falls under the following categories:

• Contractual Necessity: Data we require in order to be able to perform the contract we have with you, e.g. to enable processing of orders.
• Compliance with Legal Obligations: Data we require in order to be compliant with various legal and financial obligations, e.g. recording of financial transactions, and ongoing storage of these.
• Consent: In some circumstances, we may ask for your consent to process your information in a particular way.

5. How we share your information

We may have to share your personal data with the third parties set out below:

• Trusted third parties: In order to provide certain services to you we may share your information with third party service providers, acting as data processors, e.g. IT infrastructure providers, logistics companies. We will not share your data with any third party where it is not necessary to do so to provide a service to you or fulfil a contract with you. Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
• HM Revenue & Customs, regulators, auditors and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. We do not pass your details to any third parties for marketing purposes.

6. Data Security

Maddocks has put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

7. Data Retention

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. By law we have to keep basic information about our clients (including Contact, Company, and Financial Data) for six years after they cease being clients for regulatory purposes.

8. Your Legal Rights 8.1

The GDPR outlines certain rights which you have in relation to the personal information we hold about you. You have the right to:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

8.2

You can exercise any of the above rights by contacting us at the address or email address set out in section 1.2. You will not have to pay a fee to access your personal data, or to exercise any of the other rights. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive.

8.3

Most of the above rights are subject to limitations and exceptions. Please note also, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

8.4

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

9. Marketing

We may use your Technical and Usage data, as well as your sales history to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you. You may receive marketing communications from us in these circumstances, or if you have requested information from us, previously purchased from us or provided us with your details and, in each case, you have not opted out of receiving marketing from us. You can ask us to stop sending you marketing messages at any time by following the unsubscribe or opt-out links on any marketing message sent to you or by contacting us at any time.

10. Change of Purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

11. Changes to this Privacy Policy

Maddocks reserves the right to change this policy at any time. If we change our privacy policy in the future, we will advise you of material changes or updates to our privacy policy by email, where we are holding your email address.