Terms and Conditions
1. This Website (The Website) is owned and operated by CheaperOil Limited (CheaperOil).
2. The Website is for use only by residents of the UK, aged 18 and over.
3. All orders made by you through the Website are subject to acceptance by CheaperOil who may choose not to accept any order, for any reason. Payment for your order will be taken by or on behalf of CheaperOil at the time you place your order, for the avoidance of doubt, no contract will exist between you and CheaperOil for the supply by CheaperOil to you of any goods or services unless and until CheaperOil sends you an e-mail confirming that it has accepted your order.
4. CheaperOil will acknowledge any order made by you through the Website but this will not constitute acceptance of your order.
5. All payments must be made by credit card or debit card in sterling. No order will be accepted before full payment has been received for it in cleared funds. You may not delay, withhold or set-off part or all of any payment due to CheaperOil for any reason (including but not limited to the quality or performance of any previous or current order) unless CheaperOil has expressly given its prior written consent, in respect of a specified sum. Any bank charges made as a result of payment for an order will be passed on to you in addition to all other payments.
6. Prices may vary according to quantity of order, delivery schedules etc. All prices quoted by CheaperOil or included in acceptance of any order are expressed exclusive of VAT and will be based on the prices prevailing at the time the order was made.
7. CheaperOil will advise you of the price for your order when it sends you an e-mail confirming acceptance of your order. However, CheaperOil reserves the right to cancel or amend all or part of your order (including, for example, the price and/or delivery time) without prior notice (providing CheaperOil notifies you promptly afterwards) and without liability to you in the event of circumstances beyond its reasonable control; and/or if it has insufficient stock to fulfil all or part of your order; and/or if it does not deliver to your area; and/or if part or all of the order was listed at an incorrect price due to a typographical error or an error in the pricing information received by CheaperOil from its suppliers; and/or if you are in breach of these terms and conditions relating to that or any other order or otherwise in breach of any obligation owed to CheaperOil.
8. Once your order has been accepted, CheaperOil will arrange delivery of the goods to your address in accordance with the delivery details provided by you. Time is not of the essence for this purpose. Delivery may be made by such instalments as CheaperOil deems appropriate. The quantity shown on CheaperOil's paperwork shall, in the absence of manifest error or fraud, be conclusive evidence of the quantity delivered. You must ensure that CheaperOil (including its employees, agents and subcontractors) have all necessary vehicular access to your premises in order to allow delivery to be made. You must also ensure that all relevant storage facilities are suitable (in terms both of size and specification) for the goods to be delivered. If you fail to comply with your obligations under this paragraph then, (at CheaperOil's discretion) either the goods will nevertheless be deemed to have been delivered in accordance with your order (such that risk in them will pass to you from that time and CheaperOil may charge you all reasonable costs related to their further administration, storage, insurance, transport, delivery and so on); or, if your order amounts to more than the spare capacity of your relevant storage facilities, the surplus quantity will not be deemed to have been delivered to you and CheaperOil shall credit your account with the value of the undelivered surplus subject as follows:
(a) you will receive no credit if the total volume successfully delivered was less than 500 litres and/or if the total amount to be credited to your account would otherwise be less than £25.00 and/or in respect of any part of the undelivered surplus which is no longer usable (including but not limited to resaleable) for any reason whatsoever; and
(b) CheaperOil will be entitled to charge you an administration fee of £20.00.
9. Except as set out below, you may cancel any order for the supply of goods up to the end of seven working days from the date of delivery and you may cancel any order for the supply of services up to the end of seven working days from the date of acceptance of your order. You will be responsible for returning the goods to us and for paying any associated delivery charges. You will have no right to withdraw from any contract made with CheaperOil for the supply of goods (for example, heating oil) where the goods have been delivered to you and, by reason of their nature, they cannot be returned or are liable to deteriorate or expire rapidly or their price is dependent on fluctuations in the financial market which cannot be controlled by CheaperOil. You will have no right to withdraw from any contract made with CheaperOil for the supply of services where performance of the services has begun, with your agreement, within seven working days of acceptance by CheaperOil of your order.
10. Once you have notified CheaperOil that you are validly cancelling an order, or once CheaperOil has notified you that it is cancelling or amending all or any part of any order, CheaperOil will (within 30 days) credit back to your credit card or debit card (as appropriate) any appropriate sum taken in payment from you.
11. CheaperOil reserves the right to sub-contract the performance of any order made by you.
12. CheaperOil reserves the right to amend, suspend or terminate any services provided via the Website without prior notice.
13. Details of all orders received from you will be kept by CheaperOil and will be available to you on request. You may correct and/or amend your order at any time up to acceptance by CheaperOil.
14. Nothing in these Terms and Conditions affects your statutory rights as a consumer.
15. All contracts between you and CheaperOil will be made in English.
16. CheaperOil complies with the Data Protection Act and will not pass on your details to any third party without your prior consent. Any personal details you submit via the Website will be collected and used by CheaperOil in accordance with the Data Protection Act. Any payment details you submit via the Website will be collected and used by Barclaycard only and will not be passed to any other party, including CheaperOil.
17. Any material found within the Website, including text or images, may not be copied, distributed or downloaded in any way except as permitted by the Copyright, Designs and Patents Act 1988. You hereby agree not to copy, adapt, alter or create any derivative work from any of the material contained in the Website. You hereby agree to keep all copyright, trade mark other proprietary notices intact.
18. All material published on the Website is provided "as is" and that, to the fullest extent permissible by law, CheaperOil makes no representation or warranty (whether express or implied) in respect of such material and specifically makes no representation or warranty that the operation of the Website will be uninterrupted and/or error free, that defects will be corrected, or that the Website (or the server that makes it available) will be free of viruses or bugs.
19. This website (the "Website") is owned and operated by CheaperOil. Your use of and access to the Website is subject to these Terms and Conditions. If you breach any of these Terms and Conditions, your permission to use and access the Website will automatically terminate.
20. cheaperoil.co.uk is a registered trade mark of CheaperOil Limited. The contents of the Website are copyright © 2012 CheaperOil Limited or its licensors.
21. In connection with the use of the Website and any orders placed by you, CheaperOil will not be liable for:
21.1. losses that were not foreseeable to both CheaperOil and you when the contract was made; and/or
21.2. losses that were not caused by any breach on CheaperOil's part; and/or
21.3. indirect and/or consequential losses, losses of profit, losses of opportunity, business losses; and/or
21.4. losses to non-consumers; and/or
21.5. losses arising out of CheaperOil's negligence;
Nothing in these Terms and Conditions, or the Website, limits (or purports to limit) CheaperOil's liability for death or personal injury resulting from negligence.
22. You agree to use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by any third party.
21. CheaperOil is not responsible for the content of third-party websites accessible or linked from the Website. CheaperOil should not be taken to have endorsed the contents of such websites.
25. All orders made by you through the Website are subject to these Terms and Conditions which contain the entire agreement between you and CheaperOil Limited with respect to your order. CheaperOil reserves the right to amend these Terms and Conditions from time to time without prior notice. Such amendments will be valid from the time they are uploaded to the Website and you are responsible for checking these Terms and Conditions from time to time to ensure you have an updated version.
23. These Terms and Conditions are governed by the laws of England and Wales and you and CheaperOil Limited submit to the exclusive jurisdiction of the English courts in respect of any matter arising out of your use of the Website and/or any orders placed by you.