 | Terms of UseTerms and Conditions
General
"Which Oil Supplier" or "Service" means the on-line service provided by Us at www.WhichOilSupplier.co.uk from time to time.
"Person" means an individual, or a body corporate or unincorporated, and "Persons" shall be construed accordingly.
"Register" means adding your email to the site for the purposes of a quote or an order.
"Registered Account" means Your use of the Service through the email provided by You when using the Service.
"You" or "Your" or “User” or “Users” means the Person or Persons using this site or named in the registration details (if any) accompanying these Terms of Use.
"Your Communications" means any communications received or sent by You through the Service including e-mails and other electronic messages.
"Your Material" means any material within the Service which originated from You through the Service.
"We" and "Us" and "The Company" and “WOS” means WhichOilSupplier Ltd.
This website (“Website”) is owned and operated by Which Oil Supplier Ltd (“we/us/our/WOS”). We are a limited company registered in England under number 07056278 and our registered office is at WhichOilSupplier Ltd, Quarryburn House, Hunwick, County Durham, DL15 0RE. If you wish to contact us, please write to us at the above address or email us at mark@whichoilsupplier.co.uk.
These Terms and Conditions (“Terms and Conditions”) apply in relation to general visits to the Website and to access and use of its “Content” which is the service we explain further in the next paragraph.
Whether you are a business or a domestic user of heating oil, our Website provides you with comparative price information relating to the supply of kerosene together with other information which may be relevant if you wish to choose a particular oil supplier(“Content”). We have obtained this information from the various kerosene suppliers who are identified on the Website. The Content we display is intended to give you the capability to establish the best price available to you as a consumer for heating oil which you may wish to purchase from the oil suppliers identified.
WOS is not a oil supplier and has no legal connection or association with any oil related company. We are a price comparison site for the heating oil market enabling our users to obtain online quotes for heating oil prices and to order this oil from a specific named supplier. There is no contract in place between WOS and our users, who are ordering oil direct from oil suppliers. The oil supplier will invoice the user directly and no payment for oil is made to WOS. The responsibility for the delivery service lies entirely with the oil supplier and not WOS. Any issues relating to delivery date, delivery safety or oil quality rests with the oil supplier and not WOS. The oil prices on WOS are updated daily, either by WOS staff or by oil suppliers themselves. Any inaccuracies on the site or last minute changes in price that have not been updated will be raised by the oil supplier once the order is made. If the user does not wish to complete the order on the basis of the revised price they must communicate this to the oil supplier in question and not WOS. Any adjustments to the order volume (eg because of insufficient space within the tank) and the resultant total price must be taken up with the oil supplier concerned and not WOS.
Your use of the website and of its content constitutes your acceptance of these terms and conditions. WOS reserves the right to amend these Terms and Conditions as we see fit from time to time.
1. Our general undertakings
We will exercise all reasonable care in compiling the information which may be found on this Website which we provide to you subject to these Terms and Conditions.
We will use all reasonable efforts to ensure that the Website is available at all times, but please see the limitations and reservations below.
2. Limitations and reservations: Website and generally
* WOS has no contract with you as we are only an information provider.
* Whilst we shall always use our reasonable efforts to ensure that access to the Website shall be available at all times, we do not represent that access to the Website or any part of it will be uninterrupted, reliable or error free nor do we represent or warrant to you that it will be accurate, complete or reliable.
* We reserve the right in our sole discretion to:
o deny access to the Website or any part of it to you without notice to you whether or not you are in breach of these Terms and Conditions;
o modify or withdraw, temporarily or permanently the Website in whole or in part without notice to you.
* We provide the Website on an “as is” and “as available” basis and make no representations of any kind with respect to the Website or its Content, whether in terms of accuracy, completeness or suitability for any purpose of the Content, format and related graphics or otherwise.
* Your use of the website is entirely at your own risk. We shall not be liable for any losses whether direct or indirect which you may suffer as a result of any defect in the Website including server failure, access delays or interruptions, data loss or non-delivery and delays in provision of services, breaches of security whether arising from unauthorised use or “hacking” or otherwise or for the consequences arising from or related to any viruses or other disruptive elements transmitted through its servers, or any liability, costs, loss of data, profits, contracts, business or anticipated savings or other consequential losses arising from your use of, or inability to access the Website, whether such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred.
* We give no warranty that any material you download will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks for your own protective purposes.
* None of the exclusions or limitations above shall:
* limit any rights you may have as a consumer or other statutory rights which may not be excluded or restricted;
* exclude or restrict our liability for death or personal injury caused by our negligence;
and each of them shall be construed as a separate and severable provision of these Terms and Conditions.
* Certain links including hypertext links on the Website may take you outside this Website. Such links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content.
* We are not responsible for the content or the accuracy of any information on any website other than this Website or any goods or services which may be purchased from any third party owned website.
* All disclaimers and limitations or exclusions of liability in these Terms and Conditions shall survive notwithstanding the fact that you may cease to use the Website.
3. Liability and disclaimers: Content
* We do not monitor, verify or endorse any of the information obtained from third parties which forms any part of the Content.
* We cannot be held liable for any information (whether concerning prices or services or products or otherwise) provided by third parties which is incorrect, misleading or inaccurate. WOS cannot be responsible for any aspect of the process of oil delivery which is a matter between you and the suppliers concerned. However, WOS shall use all reasonable endeavours to ensure that the price comparison information within the Content is accurate and up to date.
* No warranties or representations are given by WOS or may be implied to any goods or services provided by any third party.
* The Content may contain technical inaccuracies or typographical errors but the liability of WOS arising from any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
* Save as stated, we are not liable, in contract, tort (including, without limitation, negligence) for any pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Content for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings) or any loss of goodwill or reputation or any special or indirect or consequential losses, in any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred.
* Notwithstanding the exclusions or limitations of our liability in these Terms and Conditions, nothing herein shall limit your rights as a consumer under English law or exclude our liability for death or personal injury caused by our negligence.
4. Your obligations
4.1 If you make use of the Content, you agree to:
• provide current, complete and accurate information as prompted to do so when you send your details to the Website
• * maintain and update this information as required to keep it current, complete and accurate;
* not upload to our Website any virus or contaminant or other item having destructive properties.
* You agree that you will only use this Website for your own private purposes and that you shall not exploit the Website or any of its Content for any commercial purpose.
* In the event that you are in breach of your obligations, we reserve the right to take steps to deny you access to the Website or make use of the Content.
5. Intellectual property
* You understand that all rights in the design, text, graphics and other material on this Website and the selection or arrangement thereof and all software and source code are the copyright of WOS or other third parties.
* There may also be moral rights, design rights, database rights and trade marks belonging to WOS or certain third parties with respect to all such material inclusive of the Content. In particular, the Which Oil Supplier name, the bloodhound cartoon character and our logo are our trade marks. All rights are reserved.
* WOS grants you a non-exclusive, revocable, non-transferable license to use the software on our server to access the Content whether directly from our Website or from the websites of third party providers via any hyperlinks from our Website. If you use our software to access third party websites, you acknowledge that you do soon your own behalf and that you have not appointed WOS as your agent in any way.
* We grant you permission to electronically copy and print in hard copy portions of our Website solely in connection with your own private information gathering purposes. Any other use of the Website content (including reproduction for purposes other than those noted above and alteration, modification, distribution or republication) without our prior written permission is strictly prohibited.
* No permission is given by WOS in respect of the use of any third party owned trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the owners rights.
6. Entire agreement
These Terms and Conditions constitute the entire agreement between you and WOS with respect to your access to the website and use of the Content and supersedes any previous arrangement, agreement, undertaking or proposal whether set out in writing or agreed verbally between you and us. No verbal explanation or information given by either party shall alter the interpretation of these Terms and Conditions.
7. No representation
You agree that you have not relied on any representation save insofar as the same has been made expressly as a representation within these Terms and Conditions.
8. No waiver
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless we acknowledge and agree otherwise in writing.
9. Severance
If any provision of these Terms and Conditions is held by a court of competent jurisdiction or other lawful authority to be invalid or unenforceable, then such provision shall be construed as near as possible to reflect the intentions of the parties with all other provisions remaining in full force and effect.
10. Events beyond our control
We shall not be liable to you for any breach of these Terms and Conditions or any failure to provide or delay in providing any information through this Website resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
11. Assignment
* We may, but you may not, assign any rights or transfer, sub-contract or delegate any obligations under these Terms and Conditions.
* These Terms and Conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third parties.
12. Third parties
Nothing in these Terms and Conditions shall create any right or entitlement, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise, in favour of any person other than you and WOS.
13. Territory and Applicable law
* These Terms and Conditions shall be governed and interpreted in accordance with English law in the exclusive jurisdiction of the courts of England and Wales.
* The Website is controlled and operated by WOS in England. We have used our reasonable endeavours to ensure that the Website and the provision of the Content complies with the laws prevailing in England but WOS makes no representation that the materials on the Website are appropriate or available for use in jurisdictions other than England.
* If you are visiting the Website from elsewhere, you do so on your own initiative and you are responsible for compliance with all applicable laws. If your use of or viewing of the website is in any way contrary to any applicable law in your own jurisdiction, you are not not authorised to use or view the website and you must exit immediately.
Terms and Conditions
Online Shop
The following terms and conditions of sale apply to all orders placed with the WOS online shop (in addition to the Terms of Use, which apply to the use of the site generally). By placing an order for goods you are deemed to have accepted these terms and conditions of sale.
We advise you to print and keep a copy of these terms and conditions for your records. Please note that we may make changes to these terms and conditions from time to time, so please check them each time you use the online shop.
Purchasing
To purchase goods from WOS through the WOS online shop, you need to complete and submit the order form. Your order is an offer to buy the goods on these terms and conditions of sale. We will send you an email confirming receipt of your order and your order details. Our email is our acceptance of your offer to buy the goods. Paypal will process your payment on our behalf or you can request to send Us a cheque.
The supply of goods from the online shop is subject to availability. Whilst we always try to inform you if any goods are unavailable before you place and order, we cannot always do this. If this happens you will be informed by email and you will either not be charged or be refunded for any unfulfilled items.
Prices
All prices of goods available on the online shop are quoted and charged in sterling and, where applicable, are inclusive of VAT. Prices will change from time to time and the online shop will be updated accordingly.
Forms of Payment
We accept all major credit and debit cards (except American Express and Electron) via Paypal and cheques. We cannot accept payment by cash or postal order for orders placed on the online shop.
Liability
No warranties or representations are given by WOS or may be implied to any goods sold in our online Shop. It is the absolute responsibility of the Customer to check with the manufacturer that any product bought is compatible with their oil tank, oil boiler or appliances such as Aga, Rayburn or other oil fed stoves. WOS accepts no responsibilty whatsoever for any damage caused by the use of any product bought from our Shop.
Delivery
We are unable to deliver outside of the UK, as the high cost of delivery beyond the UK currently makes such a service uneconomic. Please note that we cannot deliver to PO Boxes.
Parcels will be dispatched either through Royal Mail or Courier, dependent on the order's weight and/or our suppliers’ preferences. All Courier deliveries will require a signature at receipt. A processing, postage and packaging charge is payable on all orders according to the size of the order. This charge will be calculated at the checkout stage of your order.
Cancelling your Order
You have a statutory right to cancel your order by notifying us in writing within 7 working days of delivery.
Your right to cancel does not apply:
* to any goods that have been unsealed by You
* to goods You have used and which are therefore not in a saleable condition; or
* to all goods or services, if you are acting in the course of business.
To cancel your order and claim a refund, write to us at the "Returns Address" below within 7 working days from delivery, heading your letter "Order Cancellation" and providing your name and contact details, your order number and a description of the goods being cancelled. A 'working day' is any day which is not a weekend or a bank holiday.
If you have already received your goods, send them back to the same Returns Address in a saleable condition, using the address label and returns slip provided on the delivery note. We recommend you use registered or recorded delivery to ensure they reach us safely. If you do not return the goods, we have the right to collect the goods from you and charge you for the full cost of doing so.
If you wish to cancel before delivery, please email us immediately at sales@whichoilsupplier.co.uk with your name, address and order number. Whilst we will try to cancel the order before it is dispatched, we may be unable to do so. If the goods are delivered you will still need to cancel your order in writing and return the goods as set out above.
We will refund the purchase price to you within 30 days of your cancellation notice (including the original postage and package we charged you). You are responsible for the costs of returning the goods and this cannot be refunded.
Please note that we are unable to cancel any orders after the 7 working day period unless the goods are faulty (see 'Faulty Goods' below). Your right to cancel is separate from other statutory rights you may have.
Faulty Goods
If any goods ordered from us are faulty, please return them using the address label and returns slip provided on the delivery note as soon as possible to the 'Returns Address' below, securely packaged. If we find that the goods are faulty, and you have returned them within a reasonable period, we will refund the purchase price to you (including the original postage and package we charged you), and your postage and package costs for returning the goods (standard recorded delivery). This refund policy does not affect your statutory rights.
Replacement Goods
We cannot guarantee to be able to replace any returned item.
Returns Address
The address for returning faulty or cancelled goods is:
Online Shop Returns
Which Oil Supplier Ltd
Quarryburn House
Hunwick
County Durham
DL15 0RE
Children
You may only order goods through the online shop if you are 18 or over. If you are under 18 years old, please ask your parent or guardian to complete the ordering process.
Liability
WOS shall not be liable if we are unable to carry out our obligations (including any delays) due to any circumstances beyond our reasonable control.
WOS shall not be liable for any indirect or consequential losses, or for any business losses (including loss of profits, data anticipated savings goodwill or for wasted expenditure) you may suffer as a result of any breach of these terms and conditions of sale.
Governing law and jurisdiction
These terms and conditions of sale shall be governed by and enforced in accordance with the laws of England and Wales. WOS and you both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.
Company details & Address
The online shop is operated by WhichOilSupplier Limited, registered company 07056278; VAT number 982566966.
Our address for correspondence or queries is below (please note that the address for returning faulty or cancelled goods is set out above in 'Returns Address'):
Online Shop
WhichOilSupplier Ltd
Quarryburn House
Hunwick
County Durham
DL15 0RE
For any queries or complaints about goods or services please contact us at sales@whichoilsupplier.co.uk
Security and Privacy
When you place your order you are automatically connected to our secure server using SSL encryption technology. This ensures that the information you send cannot be read by anyone apart from our e-commerce team. To check you are in a secure area of our site please look at the bottom of your browser and you will see a closed padlock.
When you submit your order you are authorising WOS to use your personal details to fulfil your order (through Paypal). For further details, please see our privacy policy. In the event of there being a problem with your order we will communicate with you via e-mail, telephone or letter. |  |
