Shop terms and conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.calor.co.uk/shop (“our site”) to you.
Please read these terms and conditions carefully before ordering any Products from our site as they affect your rights and liabilities under the law and set out the terms under which we make the Products available to you.
You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Please tick the box marked "I confirm that I accept Calor’s Terms and Conditions and Calor's cylinder refill agreement where my order contains a new gas cylinder” if you accept them.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
Orders placed on our site are also subject to general terms and conditions to view these please visit www.calor.co.uk/terms-and-conditions
The following definitions apply to these terms and conditions and to the Cylinder Refill Agreement which follows the terms and conditions:
- Cylinder gas ” means gas supplied in cylinders;
- Cylinder ” means a Calor cylinder;
- “ Gas ” means LPG supplied by Calor to you either directly or via a supplier;
- “ LPG ” means liquefied petroleum gas.
1. Information about us
1.1 www.calor.co.uk is a site operated by Calor Gas Limited (“ Calor/us/we ”). We are registered in England and Wales under company number 00303703 and with our registered office at Athena House, Athena Drive, Tachbrook Park, Warwick CV34 6RL. Our contact details in respect of Products ordered from our site are: Athena House, Athena Drive, Tachbrook Park, Warwick CV34 6RL. Our e-mail address for general queries is firstname.lastname@example.org . Our VAT number is GB 207 610 984.
1.2 Calor is a member of the UKLPG, which is the national body for the LPG industry in the UK. Its website is at www.uklpg.org
1.3 Calor is also a member of The British Safety Council, which aims to support a healthier, safer and more sustainable society. Its website is at www.britishsafetycouncil.co.uk
2. Service availability
Our site is only intended for use by people resident in the mainland Great Britain. We do not accept orders from individuals outside mainland Great Britain.
3. Your status
3.1 By placing an order through our site, you agree that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
(c) you are resident in mainland Great Britain; and
(d) you will abide by the “Using Calor Gas cylinders safely” instructions set out in www.calor.co.uk/help-and-advice/technical-and-safety/gas-cylinders/cylinder-information
3.2 The Gas Safety (Installation and Use) Regulations 1998 require that any person carrying out any work in relation to a gas fitting must be competent to do so, and in most cases be Gas Safe* registered. Certain like for like hose/regulator replacement activities do not require Gas Safe registration provided the person undertaking the work is competent, and it is undertaken in accordance with the manufacturer's instructions. Calor recommends that all gas work is undertaken by an LPG qualified Gas Safe registered installer. For further guidance, and a list of suitable Gas Safe registered installers in your area, please contact Gas Safe on 0800 408 5500.
*Gas Safe RegisterTM replaced CORGI gas registration in Great Britain on 1st April 2009. It is the official industry stamp for gas safety.
4. Placing an order
4.1 Placing an order could not be easier. Just browse our store and add any items that you wish to buy to the shopping cart. After you have finished your selection, click on ‘Checkout’ and you will be asked to complete your personal details and method of payment.
4.2 Any delivery charges will be clearly marked on the page and added to your order. When the order is processed it will be encrypted and processed by Sage Pay. Information can be found at www.sagepay.com
5. How the contract is formed between you and us
After placing an order, you will receive an automatic e-mail from us acknowledging that we have received your order, and attaching a copy of the invoice. Although the contract between us (“Contract ”) will be formed upon your receipt of this e-mail, we Contract will not by this time have checked for stock availability. Therefore, if, after checking stock availability for all Products in your order, we determine that we will be unable to fulfil any elements of the order. within timescale referred to in clause 9.3 , we will telephone you as soon as possible (and no more than 48 hours following receipt of your order, You will have the option of continuing with your order to with a longer delivery lead time, or cancelling all or part of your order. If you cancel all or part of your order, you will of course receive a full refund of any amounts that have been debited from your account that relate to the cancelled products.
6. Your cylinder gas supply
6.1 Where your order also includes Cylinder Gas, you agree:
(a) that you are bound by a refill agreement, the terms of which are displayed below and atwww.calor.co.uk/help-and-advice/customer-services/cylinder-refill-agreement. If you do not wish to be bound by the refill agreement then you can cancel your order at the checkout stage;
(b) that you will comply with the “Using Calor Gas cylinders safely” instructions displayed atwww.calor.co.uk/help-and-advice/technical-and-safety/gas-cylinders/cylinder-information and provided to you on confirmation of your order;
(c) to notify Calor immediately of any defect or fault in or damage to the Cylinder or any failure in performance thereof; and
(d) to comply with all operating instructions and recommendations of Calor and with any statute, regulation, order, bye-law or code of practice for the time being in force relating to the storage or use of LPG.
6.2 Cylinders remain the property of Calor at all times and may only be filled by Calor.
7.1 We believe you’ll be delighted with your purchase, but, if you are contracting as a consumer, you may cancel a Contract, or any Products ordered under it, for any reason and at any time within 7 (seven) working days* , beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8).
7.2 To cancel a Contract, you must inform us by completing by sending us an e-mail to email@example.com or by calling us on 0800 626 626 and we will collect the Product(s) from you for free. We will telephone you (using the number you included in your order) to confirm certain details in order to arrange the collection. For small, low-value items, we may decide not to collect the Product, and will instead send you a pre-paid, padded envelope, which you can use to post the Product back to us. You have a legal obligation to take reasonable care of the Product(s) (including any packaging) while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.3 Please note that if your order includes Cylinder Gas, and you cancel the Contract, either under the seven-day cooling-off period, or for any other reason (e.g. defective Products), the collection of the Cylinder will be at a different time, and possibly a different day, to the collection of the other Products that you are returning.
* working days means all days other than Saturdays, Sundays and bank holidays.
8. Our refunds policy
8.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 7.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you.
(b) for any other reason (for instance, because you claim that the Product is defective, in which case you should contact us by sending us an e-mail at firstname.lastname@example.org or by telephone on 0800 626 626 to arrange collection of the faulty Product), we will examine the returned Product and will notify you of your refund via telephone within a reasonable period of time. If you send an e-mail, our first action will be to telephone you (using the number you included in your order) to discuss the fault. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you by telephone that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges (if any) for sending the item to you. Faulty goods must be made available for collection within 30 days. For certain faulty Products which are small, low-value items, we may decide not to collect the Product, and will instead send you a pre-paid, padded envelope, which you can use to post the Product back to us.
8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9. Availability and delivery
9.1 Products are subject to availability. In the event that we are unable to supply the Products, we will inform you of this as soon as possible. A full refund will be given where you have already paid for them.
9.2 Deliveries are restricted to mainland Great Britain.
9.3 Our aim is to deliver the Products to you within the times in working days* displayed on the website for the Product. If we cannot deliver the Products within the time shown, we will contact you by either telephone or e-mail to provide you with a revised estimate. We will notify you by e-mail once Products have been despatched. Delivery will not take more than 30 days, unless there are exceptional circumstances beyond our control. Products will be dispatched by one of our fulfilment agents or, in the case of Cylinder Gas, either by us or a Calor Gas dealer. Time for delivery shall not be of the essence.IMPORTANT: WHERE YOUR ORDER IS FOR MORE THAN ONE PRODUCT, PLEASE NOTE THAT WE USE DIFFERENT FULFILMENT AGENTS ACROSS OUR RANGE OF PRODUCTS. CYLINDER GAS IS ALSO DELIVERED BY A DIFFERENT AGENT THAN THE AGENT USED FOR OTHER PRODUCTS. THEREFORE, WE ARE UNABLE TO GUARANTEE THAT ALL THE ITEMS IN YOUR ORDER WILL BE DELIVERED AT THE SAME TIME, OR ON THE SAME DAY.
9.4 Delivery will be made to the address specified by you when you place your order. This must be an address within mainland Great Britain.
9.5 You must ensure that someone is available to take delivery of the Products (PLEASE SEE NOTE IN 9.3 ABOVE REGARDING THE FACT THAT THERE MAY BE MORE THAN ONE DELIVERY). You must also ensure that suitable access is available for the purpose of delivery of the Products. If you fail to take delivery of the Products or fail to ensure that suitable access is available for the purpose of their delivery then, without prejudice to any other right or remedy we may have, we may cancel a Contract or suspend any further deliveries to.
9.6 It is your responsibility to arrange inspection of the Products immediately upon delivery. You will be required to confirm receipt of the Products by signing a delivery note when taking delivery. However, your inspection of the Products and your confirmation of receipt does not affect any rights you may have if the Products are defective on delivery.
* working days means all days other than Saturdays, Sundays and Bank Holidays.
10. Risk and title
10.1 The Products will be at your risk from the time of delivery.
10.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges.
11. PRICE AND PAYMENT
11.1 The price of any Products will be as quoted on our site, except in cases of obvious error.
11.2 These prices include VAT, delivery charges and any cylinder refill
11.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice.
11.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
11.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
11.6 Payment for all Products must be by credit or debit card. We accept payment from all major credit and debit cards providers.
11.7 We use Sage pay to protect your credit or debit card information and ensure your security. We only see the last four digits of your credit/debit card information.
12. Product and specification
12.1 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it in accordance with our returns policy (see clause 8 above). Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations (see clause 7 above)
12.2 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
13. Our liability
13.1 Wherever possible, we will pass on the benefit of any manufacturer’s warranty to you.
13.2 We are responsible for losses you suffer as a result of us breaking this agreement if the losses are a foreseeable consequence of us breaking the Contract. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including losses related to any business you are involved in, such as:
(a) loss of income;
(b) loss of revenue;
(c) loss of profit;
(d) loss of data;
(e) loss of opportunity;
(f) loss of contracts;
(g) damages arising from any breach of a customer contract; or
(h) waste of management or office time
however arising and whether caused by breach of contract, negligence or otherwise.
13.3 Nothing in these terms excludes or limits in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13.5 Where you are contracting as a consumer, no provision of these terms will affect your statutory rights.
14. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights
All notices given by you to us must be given to us at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 (although communications related to your order will not be via notices on our website). Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. Transfer of rights and obligations
16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. However, we will not withhold our consent without good reason.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. However, we would notify you of any such action and, if the Contract has yet to be performed by us, you would have the right to cancel the Contract.
17. Events outside of our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.4 In the event that a Force Majeure Event continues for a period of 30 days or longer, you shall have a right to cancel a Contract. To cancel a Contract, you must inform us by calling us on 0800 626 626 . Clause 8.1 (b) will apply as regards refunds.
We may end a Contract by notice to you in writing (such notice to have immediate effect), without affecting any other rights which we may have if:-
(a) except in the case of a genuine dispute, you have failed to pay any amount which you owe us under this Contract; or
(b) you commit any material breach of the terms and conditions of this Contract.
19. Data protection
19.1 We will use the personal information that you provide to us as part of your order, or during subsequent correspondence or communications, for the purpose of processing your order and managing your account. Also, if you agree, by ticking the box where prompted on the order form, we (or one of our group companies) may send you e-mails with details of other products or services we think may be of interest to you. However, you can opt out of receiving further marketing at any time by using the opt-out function in any e-mail you receive from us, or by contacting us at firstname.lastname@example.org. We will not share your personal information for marketing purposes with companies outside the Calor group.
19.2 When you visit our website we issue a “cookie” that allows us to identify your computer. The cookie contains information that allows customers to navigate through the site. This information is removed from the cookie at the end of the checkout process. Navigational information may be used to monitor customer traffic patterns, website usage and help us develop the design and layout of our website.
For further information about cookies, visit www.aboutcookies.org or www.allaboutcookies.org You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. However, some of our website features may not function as a result.
19.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. Entire agreement
Without prejudice to any other contract you have entered into with us, these terms and conditions and any document expressly referred to in them (which includes, for the avoidance of doubt, the refill agreement where you are ordering Cylinder Gas) represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
22. Our right to vary these terms and conditions
22.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.,p>22.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the invoice (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
23. Law and jurisdiction
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Cylinder refill agreement
In these conditions, “Company” means Calor Gas Limited, and “CALOR Outlet” means CALOR Centres, Dealers, Retailers, Stockists or other supply points approved by the Company. “CALOR” is the Registered Trademark of Calor Gas Limited. “Refill Agreement Charge” means the Refill Agreement Charge included in your order or where you are exchanging a Cylinder this refers to the charge previously paid for the first issue of Cylinder(s). “User” means the customer named on the online order form who is a party to this Cylinder Refill Agreement. “Cylinders” and “Gas” are defined on the first page of the Terms and Conditions above. 1. Purpose of the Cylinder Refill Agreement – In consideration for the Refill Agreement Charge, the Company agrees to refill the Cylinder(s) included in your order with supplies of Gas (“Gas”) during the currency of this agreement. The Company will fulfil its obligation to refill the Cylinder by providing the User with a pre-filled Cylinder in exchange for the empty Cylinder, but reserves the right to refill the Cylinder by any other means. A Cylinder(s) can only be exchanged for a similar replacement refill Cylinder(s), otherwise a new agreement is required. Please see our Exchange Policy at www.calor.co.uk//help-and-advice/customer-services/gas-bottle-exchange-policyfor further details about exchanging Cylinders.
2. Future supplies of Gas – In entering into this agreement the User also understands that he/she will pay additional sums at the prevailing rate for the Gas contained in the Cylinder and for all future supplies of Gas as and when the Cylinder is refilled in accordance with Condition 1.
3. Cylinders remain the property of the Company at all times and may only be filled by the Company. The Company makes the Cylinder(s) available to the User as a means of safely transporting and storing the Gas supplied. This agreement is not a rental agreement and it does not provide the User with title in the Cylinder. The User will not part with possession or control of the Cylinder(s) (other than to a CALOR outlet) nor claim to have any rights that conflict with this agreement, nor create or purport or attempt to create any agency or bailment in relation