R STIFF & SONS LTD: TERMS FOR THE PURCHASE OF HEATING OIL, GASOIL, RED DIESEL, ADBLUE OR FUEL ADDITIVES.
1. About us
1.1 We are R STIFF & SONS LTD. Our registered company number is 09002759 and our registered address is at Stanfield Road, Stanfield Road, Wymondham NR18 9QY. You can contact us using the contact details on our website (https://www.fuelsaverdirect.co.uk/contact).
2. These Terms of Purchase
2.1 These terms of purchase (Terms) apply when you purchase heating oil, gasoil, red diesel, AdBlue or fuel additives (Products) from us either:
2.1.1 via our website, at https://www.fuelsaverdirect.co.uk/;
2.1.2 over the telephone;
2.1.3 via BoilerJuice (www.boilerjuice.com); or
2.1.4 via the Oil-Club (www.oil-club.co.uk).
2.2 In these Terms, you will have different rights (and different terms will apply) depending on whether you are a consumer customer or a business customer.
2.3 You are a consumer customer if you are purchasing Products for a reason which is not primarily in connection with your trade, craft, business or profession (e.g., you are purchasing heating oil for your own home).
2.4 You are a business customer if you are purchasing Products for a purpose which is primarily in connection with your trade, craft, business or profession (e.g., red diesel for use in agricultural machinery).
2.5 These Terms are split into three parts, as follows:
2.5.1 Part 1: terms which apply to both business customers and consumer customers;
2.5.2 Part 2: terms which apply only to consumer customers; and
2.5.3 Part 3: terms which apply only to business customers.
PART 1
TERMS WHICH APPLY TO BUSINESS CUSTOMERS AND CONSUMER CUSTOMERS
3. Personal Data
3.1 How we use any personal data you give us is set out in our Privacy Policy (https://www.fuelsaverdirect.co.uk/policies).
4. Placing an Order Online
4.1 To place an order online, follow the instructions on our website and submit your order using the online ordering process. You will be required to make payment when you submit your order. Please note that your payment will not mean that a binding contract will come into existence between us and you. For when a binding contract will come into existence between us and you, please see clause 7.4.
4.2 Our website will show the price for the quantity of Products you select. The price of standard delivery is included in the price of the Products. However, you will have the option to choose express delivery, and the website will display the cost of such express delivery (if selected).
4.3 When you click to place your order, you are placing an order to buy Products from us at the price shown, subject to these Terms.
5. Placing an Order over the Telephone
5.1 To place an order by telephone, please contact us using the contact details on our website. A member of our team will take your details and guide you through the ordering process.
5.2 We will tell you the price for the volume of Products you wish to order and how long that price will remain available. The cost of standard delivery is included in the price of the Products. However, we will tell you the price of any express delivery which may be available.
5.3 If you do not wish to proceed immediately, you may place an order later at the quoted price, provided you do so within the period for which the price remains available.
5.4 If you ask us to send the price to you by email, the quoted price will remain available for 24 hours from the time the email is sent, unless we tell you otherwise.
5.5 When you tell us that you wish to go ahead with the order during the price availability period, you are placing an order to buy Products from us at that price, subject to these Terms.
6. Placing an order via BoilerJuice or the Oil-Club (only applicable to heating oil)
6.1 BoilerJuice/the Oil-Club acts as our agent. This means that when you place an order through the BoilerJuice/the Oil-Club website, your order is made directly with us and any contract formed will be between you and us, not between you and BoilerJuice/the Oil-Club.
6.2 The BoilerJuice/the Oil-Club website will show the price for the quantity of heating oil you select. The price of standard delivery is included in the price of the heating oil. However, you will have the option to choose express delivery, and the BoilerJuice/the Oil-Club website will display the cost of such express delivery.
6.3 You will be required to make payment when you submit your order. Please note that your payment will not mean that a binding contract will come into existence between us and you. For when a binding contract will come into existence between us and you, please see clause 7.4.
6.4 When you click to place your order on the BoilerJuice/the Oil-Club website, you are placing an order to buy heating oil from us at the price shown, subject to these Terms.
7. Order Confirmation
7.1 After you place an order, we will send you an email confirming that we have received it. This email is for information only and does not mean that we have accepted your order (irrespective of whether you have made payment).
7.2 There may be circumstances where we are unable to accept your order. The circumstances where we will do this are if:
7.2.1 you, or someone on your behalf, engages in behaviour towards our staff that is abusive, threatening, offensive or harassing (and this includes using aggressive language, discrimination or threats of violence); or
7.2.2 you have previously breached the terms of any legally binding contract between us and you (e.g., failed to pay on time) and so we have decided to no longer supply you.
7.3 If we are unable to accept your order for the reasons set out in clause 7.2, we will email you to let you know. We will refund you in full all amounts you paid to us before the date on which we told you we could not accept your order (including any additional delivery charges). We will make all such refunds within 14 days of cancellation via the same method you used to pay.
7.4 We will accept your order, and a legally binding contract will be formed between you and us (Contract), only when we send you a text message confirming that your heating oil has been dispatched (Dispatch Text).
8. Payment
8.1 If you place your order online or via BoilerJuice/the Oil-Club, you will be required to make payment when you submit your order. The accepted payment methods will be as set out on our website, or BoilerJuice’s/the Oil-Club’s website.
8.2 If you place your order over the telephone, the operator will inform you of the payment methods available to you.
8.3 If you fail to pay us by the due date for payment, we reserve the right to charge you interest on outstanding sums until payment in full is made. Interest will be charged at the rate of 4% per annum above the then applicable Bank of England base rate (e.g., if the Bank of England base rate is 3.5%, the effective interest rate will be 7.5%).
9. Our right to change these terms
9.1 We reserve the right to make changes to these Terms to reflect changes in law or the way in which we operate.
9.2 If we change these Terms between when you have placed an order and when we deliver to you, it will be the terms which existed at the point at which you placed your order which will apply to any legally binding contract which comes into effect between us.
9.3 If you are a regular customer, we will take reasonable steps to draw your attention, before you place your next order, to any material changes to these Terms made since your last order.
10. General Terms
10.1 We can transfer the Contract with you so that a different organisation is responsible for supplying the Products. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
10.2 You can only transfer the Contract with us to someone else if we specifically agree to this in writing.
10.3 The Contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
10.4 If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.
10.5 We might not immediately enforce any of our rights under the Contract (e.g., charge you interest if you are late paying us). However, that does not mean we cannot enforce any such right at a later date.
PART 2: TERMS WHICH APPLY ONLY TO CONSUMER CUSTOMERS
11. Order Cancellation
11.1 You may cancel your order at any time before we send you a Dispatch Text. If you wish to cancel your order, please contact our team using the contact details on our website.
11.2 You may also cancel your order after we send you a Dispatch Text if:
11.2.1 we are in breach of these Terms; or
11.2.2 our delivery of your order is going to be delayed by more than 14 days (if you chose standard delivery) or two working days (if you chose express delivery) because of the occurrence of an event outside of our control (see clause 13).
11.3 We may cancel your order at any time before we send you a Dispatch Text. We will only do this in the following specific situations:
11.3.1 if, for whatever reason, we have been unable to secure supplies of the Products in sufficient quantities to meet your order and orders placed by other customers; or
11.3.2 if the price at which we purchase the Products has increased between the point at which you placed your order and dispatch, meaning if we continued with your order we would be supplying you at a loss; or
11.4 We may also cancel your order after we send you a Dispatch Text. We will only do this if we are unable to complete delivery of your order because, if the Product you have ordered is heating oil, your tank is full, inaccessible, locked, damaged or unsafe.
11.5 Finally, we may cancel your order at any time if:
11.5.1 you, or someone on your behalf, engages in behaviour towards our staff that is abusive, threatening, offensive or harassing (and this includes using aggressive language, discrimination or threats of violence); or
11.5.2 you are in breach of these Terms.
11.6 If either we or you cancel your order in accordance with the terms of this clause, (subject to clause 11.7) we will refund you in full all amounts you paid to us before the date of cancellation (including any additional delivery charges). We will make all such refunds within 14 days of cancellation via the same method you used to pay.
11.7 If we cancel your order under clause 11.4, we reserve the right to charge you a £50 failed delivery charge to cover the costs we will incur as a result. If you have already paid for your order, we will deduct this from any refund. If you have not paid for your order, we will send you an invoice which will be payable within 28 days using the bank details as set out on the invoice.
12. Delivery
12.1 Unless you have paid for express delivery (see below), we will aim to deliver your order within 14 days of the day on which you place your order. The exact date for delivery will be confirmed in the Dispatch Text.
12.2 When placing your order, you will have the option to pay for express delivery. Assuming either we or you do not cancel your order prior to dispatch (see clause 11) and we are not affected by an event outside of our control (see clause 13), we will meet any express delivery times.
13. Delays outside of our reasonable control
13.1 It is possible that our delivery of your order may be delayed by an event outside of our control. Examples of such events include:
13.1.1 a lack of heating oil supply in the UK;
13.1.2 severe inclement weather;
13.1.3 government imposed restrictions or embargoes; and
13.1.4 general strike, or strikes by trade union members (not in response to something we have or have not done) meaning we either cannot collect heating oil, or deliver it to you.
13.2 If our delivery of your order is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay, but if the delay is likely to be more than 14 days (if you chose standard delivery) or two working days (if you chose express delivery) you can contact us to end the Contract and receive a refund for any Products you have paid for in advance, but not received.
14. Our liability to you
14.1 We are responsible for losses you suffer caused by us breaking the Contract unless the loss is:
14.1.1 unexpected, i.e., it was not obvious that it would happen, and nothing you said to us before we accepted your order meant we should have expected it (so, in law, the loss was unforeseeable);
14.1.2 caused by a delaying event outside our control, provided we have taken the steps set out in clause 13.2; or
14.1.3 avoidable, i.e., something you could have avoided by taking reasonable action or by following our advice and/or instructions.
14.2 The terms of this clause do not affect your statutory rights. If you have any questions about your statutory rights, we recommend that you seek advice from Citizens Advice (https://www.citizensadvice.org.uk/).
15. Questions, Complaints and Disputes
15.1 You can contact us, using the contact details on our website, if you have any questions or complaints regarding your order.
15.2 In the first instance, we will attempt to resolve any complaint you may have in accordance with our complaints policy which can be found at https://www.fuelsaverdirect.co.uk/policies.
15.3 If, following completion of our complaints process, you are still dissatisfied, you can escalate your complaint to the UK and Ireland Fuel Distributors Association (UKIFDA). Details of how to do this can be found on UKIFDA’s website (www.ukifda.org).
15.4 If UKIFDA is unable to resolve the issue, you can take your complaint to the UtilitiesADR Service, an alternative dispute resolution procedure provided by Consumer Disputes Resolution Ltd. Details of how to do this can be found on the UtilitiesADR Service’s website (https://www.utilitiesadr.co.uk/).
15.5 Irrespective of the above, you may seek to settle any dispute through the courts in the country in which you live. You do not have to go through the process set out above prior to taking action through the courts.
PART 3:
TERMS WHICH ONLY APPLY TO BUSINESS CUSTOMERS
16. Delivery
1.1 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence.
1.2 If we fail to deliver the Products, our liability shall be limited to the costs and expenses incurred by you in obtaining replacement products of similar description and quality in the cheapest market available, less the price of the Products.
1.3 We shall not be liable for any delay in the delivery of, or for failure to deliver, the Products that is caused by:
1.3.1 a Force Majeure Event (as defined in clause 19.1); or
1.3.2 if we are unable to complete delivery of your order because any tank into which we are to put the Products is full, inaccessible, locked, damaged or unsafe.
2. Limitation of liability
2.1 References to liability in this clause 17 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
2.2 Nothing in the Contract shall limit or exclude any liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability which cannot be limited or excluded by applicable law.
16.1 Nothing in the Contract shall limit or exclude your payment obligations under the Contract.
2.3 Subject to clause 17.2 and clause 17.3, neither our nor your liability arising out of or in connection with the Contract shall exceed 100% of the price paid or payable by you to us under the Contract.
2.4 Subject to clause 17.2 and clause 17.3, neither we nor you shall be liable to you for: loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of or damage to goodwill; and/or any indirect or consequential loss.
3. Termination
16.2 Without affecting any other right or remedy available to us, we may terminate the Contract immediately on written notice to you if:
16.2.1 for whatever reason, we have been unable to secure supplies of the Products in sufficient quantities to meet your order and orders placed by other customers; or
16.2.2 the price at which we purchase the Products has increased between the point at which you placed your order and dispatch, meaning if we continued with your order we would be supplying you at a loss.
3.1 Without limiting its other rights or remedies, either we or you may terminate the Contract with immediate effect by giving written notice to the other if:
3.1.1 the other commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within seven days of being notified in writing to do so;
3.1.2 the other takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; or
3.1.3 the other suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business.
3.2 Without limiting its other rights or remedies, we may suspend provision of the Products under the Contract or any other contract between us and you if you become subject to any of the events listed in clause 18.2.2 to clause 18.2.3, or we reasonably believe that you are about to become subject to any of them, or if you fail to pay any amount due under the Contract on the due date for payment.
3.3 On termination of the Contract for any reason you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of Products supplied but for which no invoice has been submitted, we shall submit an invoice, which you shall pay immediately on receipt.
3.4 Termination or expiry of the Contract, however arising, shall not affect rights and remedies that we or you may have accrued as at termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
3.5 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.
4. Force majeure
4.1 Force Majeure Event means any circumstance not within our reasonable control (whether reasonably foreseeable or not).
4.2 Provided we have complied with clause 19.3, if we are prevented, hindered or delayed in or from performing any of our obligations under the Contract by a Force Majeure Event we shall not be in breach of the Contract or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
4.3 We shall:
4.3.1 as soon as reasonably practicable after the start of the Force Majeure Event, notify you of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on our ability to perform any of our obligations under the Contract; and
16.2.3 use reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of our obligations.
5. Entire Agreement
6. The Contract constitutes the entire agreement between us and you and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances and understandings between us and you, whether written or oral, relating to its subject matter.
7. We and you acknowledge that in entering into the Contract we and you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract.
8. We and you agree that we and you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
17. Governing Law and Jurisdiction
8.1 The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
17.1 We and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.