Terms of Service
DO NOT PLACE YOUR ONLINE ORDER
IF YOU DO NOT AGREE TO ALL OF THE TERMS BELOW.
ORDERS MAY ONLY BE PLACED BY U.S. RESIDENTS AT LEAST 18 YEARS OF AGE
The use of The New York Firewood Company online shopping cart and secure checkout is open to U.S. Residents at least 18 years of age The New York Firewood Company is not responsible, and will not honor, purchases made by persons under the age of 18 or purchases made by non-U.S. residents.
The New York Firewood Company orders are prepaid via credit card only. Our drivers do not accept cash or check payments.
The New York Firewood Company delivery dates and times are subject to change without notice.
The New York Firewood Company is not responsible for exact delivery dates or times.
The New York Firewood Company reserves the right to make partial deliveries and/or substitutions.
The New York Firewood Company provides firewood delivery service. The New York Firewood Company reserves the right to levy additional delivery charges, cancel deliveries, reschedule delivery dates & times due to, but not solely limited to inclement weather, misleading customer information, dangerous driver conditions, traffic conditions, or other unforeseen hazards or liabilities. The independent drivers contracted by The New York Firewood Company provide a service to both The New York Firewood Company and the customer. All deliveries and associated liabilities are the sole responsibility of each individual driver and by agreeing to the aforementioned you release The New York Firewood Company from any liability, compensation, prosecution, or litigation arising from delivery of The New York Firewood Company products.
In the event a delivery truck arrives on site and is unable to complete your firewood delivery due limited site access, unsafe conditions, or other circumstances beyond driver control you will be responsible to reschedule the delivery and incur an additional duplicate delivery charge.
ORDER CANCELLATIONS, CHANGES & REFUNDS
The New York Firewood Company does not guarantee delivery dates & times, specific firewood packaging or specific delivery placement. We are not responsible for orders delivered when the customer is not home to accept delivery. All claims must be made to the driver during the delivery. Later claims will not be honored.
Your online purchase is a binding legal contract. The New York Firewood Company is obligated to insure the delivery of the purchased products as shown on your check out receipt. Any substitutions, additions, deletions or other changes in your order may incur additional charges. A MINIMUM 10% RESTOCKING CHARGE MAY BE CHARGED FOR ANY REFUSED OR UNDELIVERED ITEMS. Returned items must be fully intact in the original packaging and be accompanied by the certification tag. The New York Firewood Company will not issue a full refund for any item returned after 14 days.
The New York Firewood Company may charge a minimum of 10% for any canceled orders to cover accounting fees, merchant fees and other associated costs incurred. The New York Firewood Company refunds may be made via company check and within 14 business days of cancellation. All credit card chargebacks made at customer request will result in full liability of total balance of charges. Customers may not chargeback and receive full refund at the expense of The New York Firewood Company. Customers will be responsible for additional delivery fees, exchange fees, restocking fees, portions of orders not returned, additional labor and all accounting fees resulting from chargeback.
PRIVACY AND PERSONAL INFORMATION
The New York Firewood Company is committed to protecting the privacy of the personal information you provide us on our Web site. Any information submitted on the The New York Firewood Company Web site is submitted over our secure encrypted 256-Bit connection. Your personal and financial information is never shared with anyone and is used solely for The New York Firewood Company transactions.
The New York Firewood Company hereby grants permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without The New York Firewood Company’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
INTELLECTUAL PROPERTY RIGHTS
The content on the The New York Firewood Company Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned The New York Firewood Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the web site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The New York Firewood Company reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
You agree that: (i) The New York Firewood Company Website shall be deemed solely based in New York; and (ii) the The New York Firewood Company Website shall be deemed a passive website that does not give rise to personal jurisdiction over The New York Firewood Company, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and The New York Firewood Company that arises in whole or in part from The New York Firewood Company Website shall be decided exclusively by a court of competent jurisdiction located in the Borough of Manhattan, New York. These Terms of Service, together with the The New York Firewood Company Website Privacy Notice and any other legal notices published by The New York Firewood Company on the Website, shall constitute the entire agreement between you and The New York Firewood Company concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the failure by The New York Firewood Company to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The New York Firewood Company reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the The New York Firewood Company Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND The New York Firewood Company AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE The New York Firewood Company WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.