Read the Terms of Service
The following Terms and Conditions apply to the use of this Website, as well as all transactions conducted through the site.
All pricing and policy notices from Pellets Direct™ to You may be posted on our Website and will be deemed delivered within thirty (30) days after posting. Notices from You to Pellets Direct™ shall be made either by e-mail, sent to the address we provide on our Website, or first class mail to our address at:
Delivery shall be deemed to have been made by You to Pellets Direct™ five (5) days after the date sent.
These terms and conditions govern all sales quotations and sales of products from the Seller to the Buyer and shall constitute the complete agreement between the parties and may not be altered or modified except in writing duly executed by each party. The parties agree there are no agreements between the parties, oral or written, with respect to the products (including any made or implied from past dealings) except as expressed herein. Any terms or conditions on any of Buyer's forms, correspondences, or orders that are different from or in addition to these Terms and Conditions are specifically rejected. Seller's failure to object to provisions contained in any communication from Buyer shall not be construed as a waiver of these Terms and conditions or as an acceptance of any such provision. No order shall be binding upon Seller unless and until such order is accepted (or otherwise processed) by Seller at its principal office in Massachusetts. The Buyer's order will be deemed a representation that the Buyer is solvent and able to pay for the Products ordered.
All content appearing on this Website is the property of:
Copyright © 2018–2023 Pellets Direct™. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Website so long as (1) the document is used for informational purposes only and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2018-2023 Pellets Direct™. All rights reserved.
All brand, product, service, and process names appearing on this Website are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Pellets Direct™. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Pellets Direct™ or any third party, except as expressly granted herein.
Use of Site
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Pellets Direct™ and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Pellets Direct™ believes that customer conduct violates applicable law or is harmful to the interests of Pellets Direct™ and its subsidiaries.
Shipping & Delivery
At Pellets Direct™, we want to meet your expectations. We are committed to the successful completion of your home delivery on the first attempt. All Delivery Charges are to be considered Trip Charges to your shipping address. All Delivery/Trip Charges are truck-friendly mile based. Pellets Direct™ will adjust the Delivery/Trip fee to the appropriate selection before processing payment if needed. Once the truck leaves our yard with your product on board, Delivery/Trip charges are non-refundable. We ask that you confirm your delivery date and that an adult, 18 years old or older, who is responsible for inspecting and accepting the merchandise, be at home to accept the delivery. If you are not home when we deliver, you will be charged a redelivery/trip charge, and the original delivery/trip is non-refundable. We do understand that emergencies may occur. However, Pellets Direct™ needs at least 24 hours notice in advance. Delivery/Trip Charge is a non-refundable item on the invoice. This applies if a customer refuses to load the day of delivery for any reason, including but not limited to timing issues or if they do not like the product. Delivery time frames are rough estimates as to when the truck will arrive. There are many reasons trucks may arrive early or late on the day of delivery. Pellets Direct™ will make every attempt to deliver the product to the desired well-marked area as access allows. An alternative placement area must be offered for non-accessible areas.
Please make sure the area and pathway to the specific placement spot are free from any obstructions, and pathways must be secure to withstand the load of the product being delivered, as well as the equipment to deliver the product. All septic systems, wells, or other possible underground or hidden structures must be clearly marked so Pellets Direct™ drivers and equipment can avoid these areas. Pellets Direct™ and its employees cannot be held responsible or liable for damage caused by the extreme weight of product and equipment when asked to deliver beyond the curb. Pellets Direct™ abides by zoning laws that may affect the placement of the product, including but not limited to the non-placement of the product on a roadway or sidewalk area that may block access. When choosing the Put Product in Garage Option, keep in mind that you are paying for specialized equipment capable of accessing the most common garage areas. This equipment can limit the amount of product that can be carried by our trucks. As such, this fee is not refundable for any reason. If, for any reason, the driver cannot access the garage or placement area, an alternative placement area will be used at the driver's discretion. If once the driver arrives at your location, someone at the location directs the driver to place the product in a garage or covered location, the garage placement fee will be added (if not already selected)to your delivery and charged to the payment method used when placing the order. The Garage Placement Fee is not refundable. By finalizing and placing this order, you, the customer, agree to accept full responsibility for any issues or damage that may occur due to the size and weight of trucks or equipment. If Pellets Direct™ delivery persons feel the area is unsafe and/or unfriendly to enter, Pellets Direct™ holds the option to decline to deliver in that area. At that point, merchandise can and will be put in another area at that address, and the customer will be responsible for bringing it to the house. If the customer cancels the order or refuses to take delivery of a product that cannot be placed in the desired spot due to the area not being safe or accessible, the customer is responsible for a non-refundable delivery charge along with a returning service charge of 15% of the total order which will be taken off the refund of the sales slip. Pellets Direct™ delivery people are not permitted to detach or move any merchandise that is in the area for the new merchandise. Covid-19 update--Due to social distancing requirements as well as our policy of no contact delivery, agreeing to these terms and conditions shall constitute an executed successful delivery once our driver has delivered your product. Your receipt will be e-mailed to you.
At this time, Pellets Direct™ ships merchandise to locations within the United States. Pellets Direct™ The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier.
Pellets Direct™ charges sales tax for merchandise ordered on this Website based on the applicable state sales tax rate and the location to which the order is being shipped.
The Content included in this Website has been compiled from a variety of sources and is subject to change without notice, as are any products, programs, offerings, or technical information described in this Website. Pellets Direct™ makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Website or Content or the suitability, functionality, or operation of this Website or its Content. By using this Website, you assume the risk that the Content on this Website may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. Pellets Direct™ SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Pellets Direct™ BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You may purchase merchandise from this Website by using any one of the payment options listed in (link to Payment Options). Pellets Direct™ reserves the right to change its payment procedures at any time without prior notice to you.
Any pellets that have been purchased, picked up, and/or delivered that the customer request to be returned/refunded that cannot be swapped out with another pellet will be subject to a 15% restocking fee. If the product can be swapped out, a non-refundable delivery/trip fee will apply. All products coming back to Pellets Direct™ must be in the same condition it was delivered in - not damaged and secured with the same pellet cover and shrink wrap. If the customer requests the product to be picked up for any reason, a 15% restocking fee will apply to the total of the invoice. Pellets Direct does stand behind our product. Pellets Direct guarantees that product delivered is in ready to burn condition. Product that has been placed in an outdoor location has no further warranty as we no longer have control of environmental conditions. Product placed in to a garage carries a 10 day warranty. Claim for damaged products must be received within 10 days from the date of delivery. If the product is damaged due to Pellets Direct™ or the manufacturer, the customer needs to call and e-mail pictures. Once pictures are reviewed, a manager will call with a solution. If the product is damaged due to where the customer has stored the product, Pellets Direct™ is not responsible for any reimbursement on that product. Any claims made after 10 days after the product has been delivered will be handled on an individual basis with a manager and are NOT guaranteed a refund or replacement of the product. All orders must be confirmed by the customer in order for Pellets Direct to process the payment and schedule the delivery. If the customer delays the confirmation of the order, that order is subject to change for the pricing for what the product would be sold for when the confirmation does arrive. All orders placed online or via phone include in the pricing a non-refundable $75 processing fee. If the order has to be canceled or refunded for any reason, the non-refundable $75 processing fee will still apply. Any e-mail inquiries that are sent via e-mail for a product are not an order until it is confirmed with a sales representative at Pellets Direct™.
Any orders placed for immediate pick-up or delivery or with delayed delivery with free storage will be charged to the credit card used in placing the order once the order is confirmed by our office via phone or confirmation e-mail. Any items sold as a special thru Pellets Direct™ as a final sale or cash-n-carry are all priced accordingly to compensate for any damage that may be with the pellets/skids. These items are all SOLD "AS IS," and NO Refunds or Exchanges will be permitted. Pellets Direct™ does not warrant or guarantee the performance of any pellet or other heating fuel in any particular stove or burning unit. All wood pellets and other alternative heating fuels are backed by a specific manufacturer. Pellets Direct™ will replace or credit purchases only when authorized by the manufacturer. Pellets Direct™ strongly recommends and encourages all products to be tried before purchasing full pallets. Please be aware that all wood pellets and other alternative heating fuels can vary in performance from bag to bag and pallet to a pallet and that all test results come from manufacturers and independent third-party testing labs.
All refunds by check, credit card, or cash are issued by the main office located in Uxbridge, MA, on weekdays only between 10-4 PM. Refunds will be issued within 21 days. Pellets Direct™ does not offer CASH REFUNDS. Refunds on customers' checks will be made after 14 days from the payment date due to bank delays. Refunds made on bank cards will be credited to the account used at the time of the purchase. Pellets Direct™ DOES NOT do price guarantees on wood pellets or other alternative fuels.
INSUFFICIENT CHECK, CHARGEBACK, or REJECTED CREDIT CARD PAYMENT
Insufficient and Stop Payment Checks will be subject to a $30.00 fee each time the check is reapplied for payment. The fee will be due immediately. Any Chargeback filed will be subject to a $25.00 fee per claim. Pellets Direct™ holds the right to refuse any new orders or balance of an order until the said chargeback fees are reimbursed to Pellets Direct™. Any court or legal fees that may be assumed by Pellets Direct™ in order to collect an overdue debt from the customer, it will be the responsibility of the customer to pay Pellets Direct™ back in full.
Any pellet orders taken during the Early Buy, Spring, or Summer Programs, for which a customer requests a refund after two weeks, will be subject to a restocking fee of 15% of the total order unless the order is canceled due to the manufacturer delaying product due to shortage or load delays. Any special orders of a pellets stove that are canceled after 5 days will be subject to a 15% special order restocking fee for
the total price of the order.
Any product being picked up by anyone else other than the person who placed the order will need to call ahead to get authorization from a manager. This policy protects our customers to ensure they get the product they ordered. ALL pick-ups must be made in the time allocated on the original invoice. If the product is not picked up by the said customer within that timeframe, Pellets Direct™ holds the right to change the pricing on order to the current market price, and the customer is responsible for paying at that time before the product can leave the yard. If said customer processes a stop payment or a claim with their credit card company on order for this said reason, they will be responsible for all fees incurred to Pellets Direct™ from the merchant provider and the interest on the money due to Pellets Direct.
PRICING & PAYMENT
All written quotes from Pellets Direct™ will be honored while supplies last or expiration date, whichever one comes first. Non-written quotes will not be honored by Pellets Direct™. All payments for the product will be processed once the product is set up and available for delivery or pick up unless delayed delivery or pick up is requested by the customer. Delayed delivery product will be charged once the order is placed to secure the product and make it available at any time from order placement to delivery or pick-up date.
In no event, regardless of the form of the claim or cause of action (whether based on contract, negligence, strict liability, other torts, or otherwise), shall the Seller's liability exceed the price actually paid by the Buyer to the Seller for the specific products giving rise to the claim or cause of action. Seller shall not, under any circumstances, be liable for any consequential, incidental, indirect, special, or punitive damages, whether or not foreseeable; no action, regardless of form, arising out of any transaction governed by these terms and conditions may be brought by either party more than one (1) year after the cause of action has occurred. The foregoing allocation of risk and limitation of liability has been agreed to by the parties and forms the basis of their willingness to enter into any accepted order.
Buyer agrees to indemnify, defend and hold Seller harmless from and against all losses, liabilities, claims, or causes of action for injuries or damages to any person or product arising out of or in any way related to the Products or services, including delivery, and further from and against any judgment, settlement, penalty, loss, costs, expenses, liability, damage or injury, including reasonable legal fees and disbursements, that Seller may, directly or indirectly, sustain, suffer or incur as a result thereof.
VOID WHERE PROHIBITED:
Although the information on this Website is accessible worldwide, not all products or services discussed in this Website are available to all persons or in all geographic locations or jurisdictions. Pellets Direct™ and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Website is void where prohibited.
GOVERNING LAW: In the event of litigation, both parties agree that the Law of the State of business registration of Pellets Direct™ shall apply, and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Pellets Direct™ with respect to this Website. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Pellets Direct™ with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by Pellets Direct™. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.