TERMS & CONDITIONS
- The Contract between the Seller and the buyer
We must receive payment in full for the goods that you order before your order can be accepted. Once payment has been received, we will confirm that your order has been accepted and by sending an email to you at the email address you provide upon ordering. Our acceptance of your order brings into a legally binding contract between us.
- Our right to refuse an order
- We refuse to accept an order for any reason including without limitation and whether or not payment has been received by us if:
- We have insufficient stock to deliver the goods you have ordered
- We do not deliver in your area
- One or more of the goods you have ordered was listed an incorrect price due to a typographical error or an error in the pricing information received from our suppliers
- If we do refuse your order, we will notify you by email and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible, but within 30 days of your order.
- We are not obliged to offer any additional compensation for disappointment or inconvenience suffered.
- The prices payable for our goods that you order are set out on our website
- You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Delivery charges are specified when you are placing your order.
- Your right to cancel your order
- You may cancel your contract t with us for goods you order at any time up to the end of the second day after the date you ordered the goods, i.e. within 48 hours from placing your order.
- To cancel your order and as such your contract with us, you must notify us either by email to email@example.com or by telephone on 028 9338 2502 stating your name, delivery address, goods ordered and order reference.
- Once you have notified us that you are cancelling your order, any sum debited to us from your credit or debit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
- Delivery of goods to you
- We will deliver the goods to you to the delivery address stated on your order form at the time you place your order
- Standard delivery for our goods will be delivered to you in the following timeframes:
- Oil, Coal, Calor Cylinder Gas and other solid fuels: within 5 working days
- Fireside accessories & other smaller items: within 5 working days
- Garden furniture, patio heaters and other larger items: within 10 working days
- Same day delivery applies on fuel orders (home heating oil, coal, calor gas and other solid fuels placed before 9am. Same day delivery will not always be possible, however, on those occasions, the surcharge for same day delivery will be refunded to the debit or credit card used for payment of the goods.
- Next Day is available on orders placed before 4pm for delivery the next working day. Next day delivery will not always be possible, however, on those occasions, the surcharge for next day delivery will be refunded to the debit or credit card used for payment of the goods.
- In instances of delayed delivery, due to back orders or issues with stock, customers will be made aware of any delays within 5 working days and kept up to date with expected delivery dates and given the option to cancel should the delivery date not be feasible.
- You will become the owner of the foods you have ordered once they have been delivered to you and they have been paid in full. Once goods have been delivered to you they will be held at your own risk and we will not be liable for loss, damages or destruction.
- If you suspect the goods we deliver are not what you have ordered, are damaged or defective, or the delivery is of incorrect quantity you must notify us within 48 hours of receipt via telephone on 028 9338 2502 or via email to firstname.lastname@example.org stating your name, delivery address, order number, and the issue.
- If you do not receive goods ordered by you within the specific time frame, then you must notify us immediately via telephone on 028 9338 2502 or via email to email@example.com.If you notify a problem to us under this condition then at your choosing, we will either
- Make good any shortage or non- delivery
- Replace or repair any goods that were damaged or defective
- Refund to you the amount paid by you for the goods in question via the original payment method usedIn any case, we shall have no further liability to you.
- Save as precluded by law and except where you are dealing as a consumer, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or good will) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.b.iii.
- Notwithstanding the foregoing, nothing in these terms and conditions is to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in anyway to exclude to limit our liability to you for any death or personal injury resulting from our negligence.
- Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and send to our contact address at:
Tweed Fuels, 8a Portmuck Road, Islandmagee, Larne, BT40 3TW
And all notices from us to you will be displayed on our website from time to time.
- Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial dispute, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms if unenforceable (including any provision in which we exclude our liability to you) the enforce-ability of any other part of these conditions will not be affected o the extend that they are capable of continuing in force without the unenforceable term or condition.
- Governing law
The contract between us shall be governed by and interpreted in accordance with British and Northern Irish law and the Northern Irish courts shall have jurisdiction to resolve any disputes between us.
- Entire agreement
- Nothing said by any sales person on our behalf should be understanding as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us; and,
- Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading
CONDITIONS OF SALE OF OIL, CALOR GAS AND SOLID FUEL
- Where the seller delivers in bulk it is the Buyer’s responsibility.
- To provide a safe and suitable bulk storage installation which complies in all respects with all relevant requirements of, and regulations made by H.M. Government or other competent authority.
- To ensure that the storage tank into which delivery is to be made will accommodate the full quantity ordered without incidental risk to the Buyer’s or Seller’s property, servants or agents.
- To provide prompt and safe passage for Seller’s vehicles, without incidental risk to the Buyer’s or Seller’s property, servants or agents (direct negligence by the Seller’s servant’s or failure of or defect in their equipment solely excepted).
- Not to call upon the Seller to deliver if Seller is known to consider the conditions at the Buyer’s premises unsafe for Seller’s vehicles.
- The buyer hereby agrees with the Seller strictly to observe all the conditions of his petroleum storage licence and that he will not allow any smoking or naked lights nor permit any stones, electric or gas fires or radiators to function in proximity to a tank or inlet pipe into which a delivery of spirit is being made or a vent pipe connected to such a tank.
- The Seller reserves the right to make a charge if a scheduled delivery cannot be made or if a vehicle is unduly delayed at the delivery point provided such abortive delivery or delay is not the fault of the Seller or the Seller’s employees this will be charged at Tweed Fuels discretion. If the buyer for any reason fails to accept the delivery of any product when they are ready to be delivered or tweed fuels is unable to deliver the goods as a result of any failure on the buyer’s part to observe and perform any of their obligations under these conditions, Tweed Fuels will have no liability to the buyer for late delivery and an abortive delivery charge will be made to the buyer.
- The Seller reserves the right to make a charge to the Buyer if due to premature ordering and/or over-ordering the total order cannot be delivered at one time.
- Pricing for all Tweed Fuels products can change daily and sometimes more often than this. It is the buyer’s responsibility to check that prices are satisfactory to the buyer before ordering. If in the extreme situation Tweed Fuels fails to update prices, we will contact the buyer by Email / Telephone to allow the buyer to agree or reject the new price before delivery would proceed.
- The Seller’s measurements of quantity will be accepted by the Buyer.
- Duty rebated products supplied must only be used by the Buyer in strict accordance with the Customs and Excise Regulations and Conditions relating to the same at the time of delivery.
- Where the Buyer is a commercial Customer the products are sold exclusively for his own use or trade purposes only and must not be resold transferred or disposed of to any other person, firm, company or corporation within the United Kingdom and must be used only by the Buyer in the course of Buyer’s business.
- Where Products are supplied in packages, the packages contain full measures when delivered by the Seller but owing to the volatile nature of petroleum the Seller cannot be held responsible for any shortage after the packages have left the Seller’s premises.
- The products supplied will be charged at the prices ruling on the date of delivery irrespective of the date of order. Prices include applicable Government taxes and duties, other than Value Added Tax which will be shown separately. The Buyer will account to the Seller for increases attributable to changes in the rates of such taxes or duties or to the introduction of new taxes or duties which attach to the product at the time of delivery.
- The Seller’s terms of settlement are cash on or before delivery as the Seller may require and any relaxation granted by the Seller may be withdrawn at any time without notice. A priced invoice will either be delivered by the driver at the time of delivery or by mail as soon as practicable after delivery.
- The Buyer will reimburse the Seller against any damages, claims, expenses or costs which may arise as a result of the non-observance of these conditions by the Buyer.
- When the Buyer has signed a supply contract with the Seller, the terms of such contract shall prevail if inconsistent with these conditions.
- Events outside our control – (Force Majeure Event) The Seller will use its best endeavours to deliver in accordance with any time properly quoted by its delivery clerk but this does not make time the essence of delivery. In particular the Seller shall not be liable for any failure to fulfil any terms of this Agreement if fulfilment is delayed or prevented for any reason outside the control of the Seller which shall be deemed to include but not be limited to: strikes, lockouts, Acts of God, war, hostilities, national emergency, and breakdown of machinery, plant and transport.
- Risk of loss or damage to the products sold to the buyer shall pass to the Buyer at the time of delivery but title in such products will not pass to the Buyer, and title therein shall remain vested in the Seller, until payment in full of the invoice price thereof and sums due and owing from the Buyer to the Seller on any account whatsoever. Until such time, the Seller shall be entitled to redelivery of the products and, for the purpose of inspecting or recovering the same, to enter upon any premises where any such products are stored or thought to be stored. If the Buyer shall at any time mix such products with similar products the property in the whole of such mixture, excepting such part of the mixture which may have been sold or used by the Buyer, shall be deemed to be and remain with the Seller until payment as aforesaid and if the products are redelivered to the Seller in satisfaction of such payment due and owing then any surplus after satisfaction shall be redelivered to the buyer.
- The Buyer shall maintain storage tanks and associated equipment of every kind in such manner that such tanks and equipment do not become the cause of environmental pollution therefore ensuring that no equipment leaks or spills in any way. In the event that such environmental pollution is caused by leakage or spillage from the Buyers tanks or equipment. The Buyer shall be responsible for clean-up to the standard required by the relevant statutory authority. The Buyer hereby indemnifies the Seller against any costs, fines, or expenses of any kind incurred by or upon the Seller as a result of the failure of the buyer’s tanks or equipment. The Seller will ensure that the delivery truck and all other equipment is properly maintained so as not to cause environmental pollution through spillage. Where spillage occurs during delivery, the responsibility for clean-up will be dealt with as set out in the Sellers environment policy.
- It is the buyer’s responsibility to ensure delivery and invoicing addresses are correct at the time or order.
- Through House Delivery
We must make you aware that it is the buyer’s responsibility to protect their property, i.e., cover all flooring and/or any property that requires protection from a delivery hose that may be generally dirty. Although Tweed Fuels will always treat your property with the same respect that we would with all deliveries, Tweed Fuels will NOT be held responsible for any unforeseen damage or cost resulting of any unforeseen damage, that a through the house delivery may cause.