Terms and conditions
Here you'll find the general terms and conditions and terms of conditions of use for the Calor online shop.
1. Terms of website use
2. Other applicable terms
(iii) our acceptable use policy, which sets out your permitted use of our site. You must comply with our acceptable use policy when using our site.
3. Information about us
This website is operated by Calor Gas Limited ("Calor/ Us / We"). We are registered in England and Wales under company number 00303703 and have our registered office at Athena House, Athena Drive, Tachbrook Park, Warwick CV34 6RL. Our VAT number is 207610984.
We are members of the UKLPG, the national body for the LPG industry in the UK. Its website is 'www.uklpg.org'.
4. Accessing our website
Access to our site is made available free of charge and is permitted on a temporary basis. We reserve the right to withdraw or amend the service we provide on our site without notice (see further below).
We will not be liable if for any reason our site is unavailable at any time, and we reserve the right to restrict access to all or part of our website to registered users at our sole discretion.
You are responsible for making all arrangements necessary for you to access our site. You are also responsible for ensuring anyone accessing our site through your internet connection is aware of these terms, and that they comply with them.
5. Intellectual property rights
We are the owner or licensee of all intellectual property in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
All information presented, unless specifically indicated otherwise is under copyright to us or our licensors. Information is freely available for downloading and browsing but may not be altered, transmitted, distributed, reproduced, duplicated, copied, or re-sold without our prior written consent.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
6. Reliance on Information Posted
Commentary and other materials posted on our site are not intended as advice on which reliance should be placed, but are provided for general information only. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. You must obtain professional or specialist advice before taking or refraining from any action on the basis of the content of our site.
7. Accuracy of information
Our site contains information relating to us and our subsidiaries. All information or advice provided as part of our site is correct at the time of inclusion, but we make no representation or warranty as to the completeness, accuracy, currency, adequacy or suitability of that information. We are not liable for any action you may take, or for any loss or damage suffered, as a result of relying on such information or advice.
8. Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
9. Availability of our site
Due to the nature of the internet, we cannot guarantee that our site will always be accessible. Our site may be unavailable or suspended to allow for repairs, maintenance or the introduction of new facilities or services.
10. Our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation (and in particular if you are a business user) any liability for:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time; and
(viii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
If you are a commercial user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods to you which will be set out in our shop terms and conditions (http://www.calor.co.uk/terms-and-conditions).
11. Emails and Information sent to us
Any email or attachment sent to us will not be encrypted and we therefore do not accept any liability if emails sent by you are compromised (including, but not limited to, their security or confidentiality). We do not, to the extent permitted by law, accept any liability for any external compromise of security and/or confidentiality in relation to transmissions sent by email.
12. Information about you and your visits to our site
13. Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
14. Username and password
If you use our site, you are responsible for keeping your username, password and any other identification code or login details confidential and for restricting access to your computer to prevent unauthorised access to your account. You must not disclose such information to any third party and you agree to accept responsibility for all activities that occur under your account or password. You should inform us immediately if you have reason to believe that your password has become known to anyone else, or is likely to be used in an unauthorised manner.
Please ensure all details provided to us are accurate and complete. Inform us immediately of any changes to the information that you provided when registering.
15. Linking to our site
You must not create links to any part of our site without our prior written permission. If you wish to request such permission, please email email@example.com . Linked web sites, whether permitted or not, do not have implied affiliation with our site. If we grant you permission to create links to any part of our site, the website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
16. Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
17. Jurisdiction and applicable law
If you are a consumer, you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site. However, if you are a resident of Scotland you may also bring proceedings in Scotland.
If you are a business, you and we both agree that the courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
“CALOR”; “LPGENIUS”; “CALOR GAS”; “CALOR BBQ GAS”; “THE THINK TANK”; and “GAS TRAC” are the registered trademarks of Calor Gas Limited.
20. Your concerns
Thank you for visiting our site.
The information below (together with the documents referred to in it) tells you the terms and conditions on which we supply any of the products (including gas and other goods) (“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.
By ordering any of our Products, you agree to be bound by these terms and conditions. Please tick the box marked “I accept Calor’s Terms and Conditions and Calor’s Cylinder Refill Agreement (http://www.calor.co.uk/help-and-advice/customer-services/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.
These terms and conditions, and any Contract between us, are only in the English language.
» 1. INFORMATION ABOUT US
(a) 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.
(b) Your use of our site and orders placed by the site are subject to:
- our General terms and conditions of website use (http://www.calor.co.uk/terms-and-conditions-general);
- these shop terms and conditions;
- if you purchase a cylinder refill, the terms of the Cylinder Refill Agreement available at http://www.calor.co.uk/help-and-advice/customer-services/cylinder-refill-agreement; and
- if you are using a Calor online account then any applicable supply agreement provided to you via the Calor online account.
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. PRODUCTS
2.1 The images of Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. The packaging of Products may vary from that shown on images on our site.
» 3. YOUR STATUS
3.1 By placing an order through our site, you confirm and agree that:
(a) you are legally capable of entering into binding contracts (and if you are a business user, you confirm that you have the authority to bind any business on whose behalf you use our site to order Products);
(b) you are at least 18 years old;
(c) you are resident in mainland Great Britain, or are ordering to a location within mainland Great Britain; and
(d) you will abide by the “Using Calor Gas Cylinders Safely” instructions set out http://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.
*“The Gas Safe Register” trademark replaced CORGI gas registration in Great Britain on 1st April 2009. It is the official industry stamp for gas safety.
» 4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Your order is an offer to buy from us. When you are placing an order, the following steps have to take place before a contract for the sale of Products (“Contract”) is made between us in relation to your order:
(a) browse our site and add any items that you wish to buy to the shopping cart by clicking ‘Add to basket’. After you have finished your selection, click on ‘Checkout’. You will be asked to complete your personal details, delivery details and method of payment (or if you already have an account with us, you will be asked to sign into your account);
(b) you place your order for your Product be pressing the “Pay Now” button at the end of the checkout process and submitting your payment details to us;
(c) before placing your order, the checkout process will give you the opportunity to review and, if necessary, to change your selection of Products and/or correct any errors in your order information. Please take the time to read and check your order at each page of the order process;
(d) before placing your order, you will be asked to click to confirm that you accept our terms and conditions. If you do not wish to be bound by what you read you should not place any orders through our site;
(e) once you have submitted your order details, you will see an on screen acknowledgement and you will receive an automatic e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraph 4.1(f); and
(f) unless we contact you to notify that we do not accept your order, your order will be accepted by us when we despatch the Products to you. In addition to the rights set out in paragraph 6 below, you can cancel your order at any time before despatch (at no cost to you). You can log into your account and view orders placed at any time.
4.2 We take payment from your card when we process your order and have checked your card details.
» 5. YOUR CYLINDER GAS SUPPLY
5.1 Where your order also includes Cylinder Gas, you agree:
(a) that you are bound by a Cylinder Refill Agreement, the terms of which are available at http://www.calor.co.uk/help-and-advice/customer-services/cylinder-refill-agreement. If you do not wish to be bound by the Cylinder Refill Agreement then you should not place an order with us. You can cancel your order at the checkout stage;
(b) that you will comply with the “Using Calor Gas Cylinders Safely” instructions displayed at www.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.
5.2 Cylinders remain the property of Calor at all times and may only be filled by Calor.
5.3 In this paragraph 5, “Cylinder Gas” meansGas supplied in Cylinders, where “Cylinder” means a Calor cylinder and “Gas” means liquified petroleum gas (“LPG”) supplied by Calor to you either directly or via a supplier.
» 6. CANCELLATION OF A CONTRACT (IF YOU ARE A CONSUMER)
6.1 We believe you’ll be delighted with your purchase, but if you are a consumer and have purchased Product(s) online, you have rights under various legislation to cancel the Contract (including under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Sale of Goods Act 1979 (or from 1 October 2015, the Consumer Rights Act 2015). We have set these rights out below for convenience. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards Office.
You have a right to cancel a Contract for any reason within 14 days
6.2 You have a right to cancel a Contract for any reason, including if you change your mind, until 23:59 on the 14th (fourteenth) day after the day on which you (or the person you have identified to take delivery of the Products) takes physical possession of the Product.
However, if you have ordered:
(a) more than one Product in a single order (for example, you have ordered Gas Cylinders as well as other products), your legal right to cancel will not end until 23:59 on the 14th (fourteenth) day after the day on which we complete the delivery of the last of those Products or items; or
(b) a regular delivery of Products over a defined period (if applicable), your legal right to cancel will end at 23:59 on the 14th (fourteenth) day after the day on which we complete the delivery of the first of those Products.
6.3 You can tell us that you wish to cancel the Contract in the period set out in paragraph 6.2 by:
(a) sending us an e-mail to email@example.com;
(b) submitting an on-line cancellation form available at http://www.calor.co.uk/cancellation_form;
(c) calling us on 0800 181 4512; or
(d) sending the cancellation form which appears at the bottom of these terms and conditions to us either by email or post.
You have the right to cancel a Contract if the Product(s) are faulty or not as described
6.4 If the Products are not of satisfactory quality, fit for purpose (i.e. fit for the purpose forwhich it was intended to be used or a purpose made known to us in writing) or are not as described, you may either:
(a) reject the Products and claim a refund – you have a “short term” right to reject the Product(s) and claim a refund within 30 days of delivery (see paragraph 7.1(a)); or
(b) request a repair or replacement of the Product(s)– if you request a repair or replacement, we will carry out the repair or replacement at no extra cost, within a reasonable time and without significant inconvenience to you. If you request a repair or replacement within 30 days of delivery, you have the remainder of the 30 day period (or 7 days if longer) to check whether the repair or replacement has been successful and to decide whether to reject the Products and claim a refund (see paragraph 7.1(a)). Please note that in some circumstances it may not be possible to offer a repair or replacement.
6.5 If you request a repair or replacement as set out in paragraph 6.4(b), and we do not do this properly, you may either:
(a) keep the Product(s) and claim a price reduction - please note that if you have had the Product(s) for more than 6 months, we may deduct a reasonable amount from the amount owed to you; or
(b) reject the Product(s) and claim a refund – you then have a “final right” to reject the Product(s) and claim a refund (see paragraph 7.1(b) below).
6.6 The rights above do not affect your right to claim compensation for any losses you may have suffered as a result of the faulty Product(s).
6.7 Please note that we do not accept returns or provide refunds if a fault arises from fair wear and tear, wilful or accidental damage, negligence by you or a third party, abnormal or inappropriate storage or working conditions, failure to operate or use the Product(s) in accordance with the user instructions or unauthorised misuse or alteration of the Product(s) by you or a third party. Under no circumstances will we accept returns or provide refunds more than 6 years after the date of delivery.
» 7. OUR RETURNS AND REFUNDS POLICY (IF YOU ARE A CONSUMER)
Returns and collection
7.1 If you cancel a Contract for any reason, or reject the Product(s) for being faulty, 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 will need to send the Product(s) back to us without undue delay and in any event not later than 14 days after the day on which you have given notice of your cancellation.
7.2 Please note that if your order includes Cylinder Gas, and you cancel the Contract, either under the fourteen-day period as set out in paragraph 6, 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 Product(s) that you are returning.
7.3 If you cancel a Contract, all ancillary contracts you have entered into associated with the cancelled Products will be automatically cancelled (for example, the Calor Refill Agreement but subject to return of the Cylinder to Calor).
7.4 We will make any refund due to you using the same method originally used by you to pay for your purchase. You will not incur any fees as a result of the reimbursement.
If you cancel the Contract within 14 days for any reason
7.5 If you cancel the Contract within 14 days for any reason (see paragraph 6.2), we will process the refund due to you as soon as possible and, in any case:
(a) if we have collected the Product(s) from you, no later than 14 days after the day on which you have given notice of your cancellation; and
(b) if we ask you to post the Product(s) back to us using the pre-paid envelope, no later than 14 days of us receiving either the Products or proof that they have been returned (whichever is the sooner).
7.6 We will refund the price that you paid for the Product in full, including any costs of standard delivery (if you have selected a different delivery option, we will only refund up to the amount of our usual standard delivery costs). You should take reasonable care of the Product(s) while they are in your possession as we have the right to make a deduction from any refund due to you if the Product(s) are not returned in a reasonable condition. In particular, we reserve the right to deduct a sum from the refund of the price for the Product(s) to reflect the reduced value of the Product(s) if the Product(s) have been handled more than is necessary (i.e. in a way which would not be permitted in a shop).
If the Product is faulty or defective
7.7 If the Product is faulty or defective, you should contact us by sending us an email to firstname.lastname@example.org or by telephone on 0800 1814512. If you contact us by email, our first action will be to call you on the phone number in your order to discuss the issue with you. We will examine the returned Product(s) and notify you within a reasonable time by telephone if you are entitled to a refund. We will process the refund for defective or faulty Product(s) as soon as possible and in any event within 14 days of us agreeing that you are entitled to a refund.
7.8 If you exercise your “short term” right to reject the Product(s) within 30 days of delivery (see paragraph 6.4), we will refund to you the full price of the Product(s) including any delivery changes. We may ask you for evidence that the defect was there at the time of delivery or further information about the defect.
7.9 If you exercise your “final right” to a refund (having requested a repair or replacement and this having been unsuccessful – see paragraph 6.5(b)):
(a) within 6 months of the date of delivery - we will refund to you the full price of the Product(s) including any delivery charges. In such circumstances we will assume the fault was there as at the time of delivery unless it is obvious that this is not the case; or
(b) after 6 months from the date of delivery - we will refund to you the price of the Product(s) but this may be reduced to take into account any use you have had from the Product(s). In such circumstances we may require you to prove that the defect was there at the time of delivery.
» 8. AVAILABILITY AND DELIVERY
8.1 Products are subject to availability. In the event that we are unable to supply the Products, for example because that Product is not in stock or no longer available, we will telephone you as soon as possible (and no more than 48 hours following receipt of your order) and we will not process your order. If possible, we will give you the option of continuing with your order with a longer delivery lead time or continuing with part of your order. A full refund will be given where you have already paid for any Product(s) which cannot be suppliedas soon as possible, by the same method in which the payment was originally made.
8.2 Deliveries are restricted to mainland Great Britain. You may place an order for Product(s) from outside mainland Great Britain, but this order must be for delivery to an address in mainland Great Britain.
8.3 Our aim is to deliver the Products to you within the times 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.
8.4 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. Important: where your order is for more than one product, please note that we use different fulfilment agents across our range of products. Due to the need to comply with health and safety legislation relating to the transport of gas cylinders, these may be delivered by a separate delivery vehicle 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.
8.5 Time for delivery shall not be of the essence. This shall not affect any rights which you may have as a consumer.
8.6 Delivery will be made to the address specified by you when you place your order. This must be an address within mainland Great Britain. Please note that for safety reasons, deliveries are not made to flats which are above four stories and we do not deliver to basement storeys in any circumstances. Please note that deliveries to flats of up to four stories are only permitted if the flats areof traditional build (to be determined in our reasonable opinion). We may cancel the Contract if the delivery address is to a flat above four stories or is of non-traditional build.
8.7 You must ensure that someone is available to take delivery of the Products (see paragraph 8.4 above about multiple deliveries). 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 we willattempt to redeliver the Products at another time.
8.8 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.
8.9 Any delivery charges will be clearly marked on our site and at the checkout and added to your order.
» 9. RISK AND TITLE
9.1 The Products will be at your risk and responsibility from the time of delivery. Delivery will be completed when we deliver the Products to the address you gave us and you (or a person you have identified) has taken physical possession of the Products.
9.2 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, but note that ownership of Cylinders always remains with Calor – see paragraph 5.2.
» 10. PRICE AND PAYMENT
10.1 The price of any Products will be as quoted on our site. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered on the system. However, if we discover an error in the price of Product(s) you ordered, please see paragraph 10.5 below.
10.2 Prices on our site include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.3 Prices of Products quoted on our site do not include delivery charges or any cylinder refill. Our delivery charges and cylinder refills are as set out on our site from time to time.
10.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already despatched the Products.
10.5 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:
(a) where a Product's correct price is less than the price stated on our site at the time you placed your order, we will charge the lower amount when dispatching the Product to you.
(b) if a Product’s correct price is higher than the price stated on our site at the time you placed your order, we do not have to provide the Product(s) to you at the incorrect (lower) price as the Contract between us will not yet have been formed. We will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct (higher) price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
10.6 Payment for all Products must be by credit or debit card and in pounds sterling only. We accept payment from all major credit and debit cards providers. When placing an order, you confirm that the form of payment you use to make payment to us is yours and that you have authority to place the order.
10.7 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.When the order is processed it will be encrypted and processed by Sage Pay. Information can be found at www.sagepay.com
» 11. PRODUCT SPECIFICATION
11.1 Sometimes the product specifications from the manufacturer may change, in which case we will contact you to ask for your instructions and ask you if you would like a substitute of the same or better quality at the same price. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
11.2 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
11.3 We are under a legal duty to supply Product(s) which conform to the Contract.
» 12. OUR LIABILITY
12.1 Wherever possible, we will pass on the benefit of any manufacturer’s warranty to you. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products. If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
12.2 This paragraph 12.2 only applies if you are a consumer
If you are a consumer, we are responsible for losses you suffer as a result of us breaching these terms and conditions or for our negligence if the losses are a foreseeable consequence of our breach or negligence. Losses are foreseeable where they could be contemplated by you and us at the time we entered into the Contract. We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
If you are a consumer, nothing in these terms and conditions excludes or limits in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) for defective products under the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation;
(d) for breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(e) for breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(f) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Where you are contracting as a consumer, no provision of these terms and conditions will affect your statutory rights.
12.3 This paragraph 12.3 only applies if you are a business user
If you are a business user, we only supply the Products for internal use by your business and you agree not to use the Product for any resale purposes. Subject to the provisions in the below paragraph, if you are a business user, we shall not be liable to you in connection with any Contract for any:
(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;
(i)loss of goodwill or reputation; or
(j) indirect or consequential losses or special or exemplary damages,
however arising and whether caused by breach of contract, negligence or otherwise.
If you are a business user, nothing in these terms and conditions excludes or limits in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) for fraud or fraudulent misrepresentation;
(c) for breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); and
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Except as expressly stated in these terms and conditions, in relation to business users we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
» 13. WRITTEN COMMUNICATIONS AND NOTICES
13.1 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.
13.2 All notices given by you to us in accordance with these terms must be emailed 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 above (although communications related to your order will not be via notices on our website).
13.3 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.
» 14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 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.
14.3 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 but this will not affect your rights or our obligations under 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.
» 15. EVENTS OUTSIDE OUR CONTROL
15.1 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”).
15.2 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; or
(f) the acts, decrees, legislation, regulations or restrictions of any government.
15.3 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.
15.4 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 181 4512. We will process any refund due to you as soon as possible.
» 16. TERMINATION
16.1 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.
» 17. DATA PROTECTION
17.1 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.
» 18. WAIVER
18.1 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.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
» 19. SEVERABILITY
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.
» 20. ENTIRE AGREEMENT
This paragraph only applies if you are a business user.
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 Cylinder 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. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty that is not set out in these terms and conditions.
» 21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 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.
21.2 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 despatch the products (in which case we will assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
» 22. LAW AND JURISDICTION
22.1 Contracts for the purchase of Products through our site will be governed by English law.
22.2 If you are a consumer, we and you both agree that any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. However, if you are a resident in Scotland, you may also bring proceedings in Scotland.
22.3 If you are a business user, we and you both agree that any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
» 23. CONTACT INFORMATION
If you wish to contact us for any reason, including because you have a complaint, you can contact us by calling 0800 181 4512, emailing us at email@example.com or writing to us at Calor Gas, Athena House, Athena Drive, Tachbrook Park, Warwick CV34 6RL.
IF YOU ARE A CONSUMER who has purchased a product through our online shop and we have not resolved your complaint to your satisfaction, you may be able to refer your complaint to an approved Alternative Dispute Resolution (“ADR”) body. An ADR body relevant to goods and services provided by Calor is The Consumer Ombudsman. The Consumer Ombudsman is a free and independent service for consumers to resolve disputes which can be accessed at http://www.consumer-ombudsman.org/. Or you may wish to raise a complaint via the Online Dispute Resolution (“ODR”) platform. You can access the ODR platform here at http://ec.europa.eu/odr.
Please note that Calor is not a member of The Consumer Ombudsman and it is not obliged to use any ADR service.
Suggested Cancellation Form:
You may (but are not obliged to) use the form below to cancel your order for one or more Products. If you would like to use this form, please complete the form and send it to us by email to firstname.lastname@example.org and/or post to the address set out below.
Date of posting:
To: Calor Gas Limited, Athena House, Athena Drive, Tachbrook Park, Warwick, CV34 6RL, (email to email@example.com)
I/We hereby give notice that I/we cancel my/our contract of sale of the following goods for the supply of the following good(s): ……………………………………………………………….
ordered on / received on: ……………………………………………………………….
Name of consumer:
Address of consumer:
Signature of consumer (only if this form is notified on paper):