Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
Application
1. These Terms and Conditions will apply to the purchase of the services and Goods by you (the Customer or you). We are The Heating Oil Company a Company registered in England and Wales under number 1702395 whose registered office is at 13a, Pen Mill Trading Estate, Yeovil, Somerset, BA21 5HA with email address enquiries@theheatingoilcompany.co.uk
2. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the services;
5. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
8. Order means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
11. Website means our website www.theheatingoilcompany.co.uk on which the Services are advertised.
Services
12. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
13. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
14. All Services which appear on the Website are subject to availability.
15. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Customer responsibilities
16. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
17. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Personal information
18. We retain and use all information strictly under the Privacy Policy.
19. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
20. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
21. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
22. A Contract will be formed for the Services ordered only when you receive
an email from us confirming the Order (Order Confirmation). You must
ensure that the Order Confirmation is complete and accurate and inform
us immediately of any errors. We are not responsible for any inaccuracies
in the Order placed by you. By placing an Order you agree to us giving you
confirmation of the Contract by means of an email with all information in
it (ie the Order Confirmation). You will receive the Order Confirmation
within a reasonable time after making the Contract, but in any event not
later than the delivery of any Goods supplied under the Contract, and
before performance begins of any of the Services.
23. Any quotation or estimate of Fees (as defined below) is valid for a
maximum period of 1 day from its date, unless we expressly withdraw it at
an earlier time.
24. No variation of the Contract, whether about description of the Services,
Fees or otherwise, can be made after it has been entered into unless the
variation is agreed by the Customer and the Supplier in writing.
25. We intend that these Terms and Conditions apply only to a Contract
entered into by you as a Consumer. If this is not the case, you must tell us,
so that we can provide you with a different contract with terms which are
more appropriate for you and which might, in some respects,
Fees and Payment
26. The fees (Fees) for the Services, the price of any Goods (if not included in
the Fees) and any additional delivery or other charges is that set out on the
Website at the date we accept the Order or such other price as we may
agree in writing. Prices for Services may be calculated on a fixed price or
on a standard daily rate basis.
27. Fees and charges include VAT at the rate applicable at the time of the
Order.
28. You must pay by submitting your debit card details with your
Order and we can take payment immediately before delivery
of the Services.
Delivery
29. We will deliver the Services, including any Goods, to the Delivery Location
by the time or within the agreed period or, failing any agreement:
a. in the case of Services, within a reasonable time; and
b. in the case of Goods, without undue delay and, in any event, not more
than 30 days after the day on which the Contract is entered into.
30. In any case, regardless of events beyond our control, if we do not deliver
the Services on time, you can require us to reduce the Fees or charges by
an appropriate amount (including the right to receive a refund for
anything already paid above the reduced amount). The amount of the
reduction can, where appropriate, be up to the full amount of the Fees or
charges.
31. In any case, regardless of events beyond our control, if we do not deliver
the Goods on time, you can (in addition to any other remedies) treat the
Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is
essential taking into account all the relevant circumstances at the
time the Contract was made, or you said to us before the Contract
was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later
period which is appropriate to the circumstances and we have not
delivered within that period.
32. If you treat the Contract at an end, we will (in addition to other
remedies) promptly return all payments made under the Contract.
33. If you were entitled to treat the Contract at an end, but do not do so,
you are not prevented from cancelling the Order for any Goods or
rejecting Goods that have been delivered and, if you do this, we will (in
addition to other remedies) without delay return all payments made
under the Contract for any such cancelled or rejected Goods. If the
Goods have been delivered, you must allow us to
collect them from you and we will pay the costs of this.
34. If any Goods form a commercial unit (a unit is a commercial unit if
division of the unit would materially impair the value of the goods or
the character of the unit) you cannot cancel or reject the Order for
some of those Goods without also cancelling or rejecting the Order for the rest of them.
35. We do not deliver to addresses outside England,Wales or Scotland.
36.You agree we may deliver the goods in instalments if we suffer a shortage of stock or other genuine and fair reason,subject to the above provisions and provided you are not liable for extra charges.
37. If you or your nominee fail,through no fault of of ours,to take delivery of services at the Delivery Location,we may charge the reasonable costs of storing and redelivering them.
38. The goods become your responsibility from the completion of delivery.
Risk and Title
39. Risk of damage to the property, please inform us straight away if damage has been made to the property. Call 03300 240667.
40. You do not own the Goods until we have received payment in full. If payment is not met then we have the right to collect our property.
41. Customers must check tanks regularly to insure that a delivery can be made safely.
42. Upon delivery, the Goods will:
a. of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the
Goods which, before the Contract is made, you made known to us
(Unless you do not actually rely, or it is unreasonable for you to
rely, on our skill and judgment) and be fit for any purpose held
out by us or set out in the Contract.
c. conforms to their description.
We are not held liable for customers runout or for any consequential costs incurred.
43. It is not a failure to conform if the failure has its origin in your
materials.
44. We will supply the Services with reasonable skill and care.
45. We will immediately, or within a reasonable time, give you the benefit
of the free guarantee given by the manufacturer of the Goods. Details
of the guarantee, including the name and address of the
manufacturer, the duration and territorial scope of the guarantee, are
set out in the manufacturer's guarantee supplied with the Goods
This guarantee will take effect at the time the Goods are delivered, and will
not reduce your legal rights.
46. In relation to the Services, anything we say or write to you, or
anything someone else says or writes to you on our behalf, about us or
about the Services, is a term of the Contract (which we must comply
with) if you take it into account when deciding to enter this Contract,
or when making any decision about the Services after entering into
this Contract. Anything you take into account is subject to anything
that qualified it and was said or written to you by us or on behalf of us
on the same occasion, and any change to it that has been expressly
agreed between us (before entering this Contract or later).
Duration, termination and suspension
47. The Contract continues as long as it takes us to perform the Services.
48. Either you or we may terminate the Contract or suspend the Services
at any time by a written notice of termination or suspension to the
other if that other:
a. commits a serious breach, or series of breaches resulting in a
serious breach, of the Contract and the breach either cannot be
fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
49. On termination of the Contract for any reason, any of our respective
remaining rights and liabilities will not be affected.
Successors and our sub-contractors
50. Either party can transfer the benefit of this Contract to someone else,
and will remain liable to the other for its obligations under the
Contract. The Supplier will be liable for the acts of any sub-contractors
who it chooses to help perform its duties.
Circumstances beyond the control of either party
51. In the event of any failure by a party because of something beyond its
reasonable control:
a. the party will advise the other party as soon as reasonably
practicable;.
b.the party's obligations will be suspended so far as is reasonable,
provided that that party will act reasonably, and the party will not
be liable for any failure which it could not reasonably avoid, but
this will not affect the Customer's above rights relating to delivery
(and the right to cancel below).
Excluding liability
52. The Supplier does not exclude liability for: (i) any fraudulent act or
omission; or
(ii) death or personal injury caused by negligence or
breach of the Supplier's other legal obligations. Subject to this, we are
not liable for
(i) loss which was not reasonably foreseeable to both
parties at the time when the Contract was made, or (ii) loss (eg loss of
profit) to your business, trade, craft or profession which would not be
suffered by a Consumer - because we believe you are not buying the
Services and Goods wholly or mainly for your business, trade, craft or
profession.
Governing law, jurisdiction and complaints
53. The Contract (including any non-contractual matters) is governed by
the law of England and Wales.
54. Disputes can be submitted to the jurisdiction of the courts of England
and Wales or, where the Customer lives in Scotland or Northern
Ireland, in the courts of respectively Scotland or Northern Ireland.
55. We try to avoid any dispute, so we deal with complaints as follows:
03300 240667.
Withdrawal and cancellation
56. You can withdraw the Order by telling us before the delivery is made,
if you simply wish to change your mind and without giving us a
reason, and without incurring any liability.
57. This is a distance contract (as defined below) which has the
cancellation rights (Cancellation Rights) set out below. These
Cancellation Rights, however, do not apply, to a contract for the
following goods and services (with no others) in the following
circumstances:
a. foodstuffs, beverages or other goods intended for current
consumption in the household and which are supplied on
frequent and regular rounds to your residence or workplace;
b. goods that are made to your specifications or are clearly
personalised;
c. goods which are liable to deteriorate or expire rapidly.
Right to cancel
58. Subject as stated in these Terms and Conditions, you can cancel this
contract within 14 days without giving any reason.
Refund Policy
59. If the full amount of litres cannot be delivered the heating oil company will reimburse the difference to the card of which the payment was made, please allow 10 working days for the refund to show.
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