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These Conditions (as defined below) apply to Orders (as defined below) placed through the Compare The Oil Price (as defined below) website for the supply of Products (as defined below) by a Supplier (as defined below) and govern Compare The Oil Price’s and the Supplier's arrangements with you.
Please read the Conditions (as defined below) including the Supplier Conditions (as defined below) carefully as these are the terms and conditions upon which you are contracting with Compare The Oil Price and the Supplier.
We draw the attention of all our customers in particular to conditions 3 and 4 of the Conditions and conditions 13 and 14 of the Supplier Conditions which contain provisions relating to your potential liability to Compare The Oil Price and/or the Supplier and Compare The Oil Price and/or the Supplier's potential liability to you.
1.1 Compare The Oil Price is a website which suggests Suppliers to you according to your preferences. We act as agent for the Supplier in carrying out this service and in administering the ordering process on the Supplier’s behalf.
1.2 The contract for the Products is made between you and the Supplier and not with Compare The Oil Price. Accordingly, we do not accept responsibility for the acts or omissions of the Supplier or for the Products supplied.
2.1 "Conditions" means these terms & conditions and the Supplier Conditions for the purchase of Products from the Supplier through the Compare The Oil Price website.
2.2 These Conditions apply to all Orders placed by you for Products from a Supplier. By using the Compare The Oil Price website and placing an Order you are accepting these Conditions.
2.3 Compare The Oil Price may at any time and without notice to you make changes to the Conditions and such changes will be made from time to time to the Conditions set out on the website.
2.4 Compare The Oil Price are not a fuel distribution or supply company and do not supply the Products. Compare The Oil Price only facilitate the sale of the Products to you from the Supplier by you placing an Order. You acknowledge that Compare The Oil Price are not responsible for the Products, including (without limitation) any issues relating to the delivery, quality, safety, accuracy and/or volume of the Products, all of which are the responsibility of the Supplier.
2.5 You acknowledge that in entering into the contract, Compare The Oil Price do not act as an agent for you but Compare The Oil Price does act as an agent for the Supplier in forming the contract between you and the Supplier.
2.6. Fuel prices are regularly updated by the Supplier. If a Supplier fails to update or incorrectly updates prices and you place an Order based on out-of-date or incorrect information, you will be notified of the anomaly by Compare The Oil Price or the Supplier as soon as reasonably practicable and will be given the chance to accept the new price before the Products are delivered. If you reject the revised price then the Order will be cancelled and any relevant contract terminated. Compare The Oil Price and the Supplier accept no liability for any inconvenience or costs incurred by you as a result of out of date or incorrect prices.
2.7 Compare The Oil Price has the right to refuse to process an Order (and the Supplier will not be obliged to deliver any Products) if payment is not made in full.
3.1 When placing an Order for Products, you must:
3.1.1 provide information about any special delivery conditions or requirements at the time the Order is placed (this would include, without limitation, narrow access, constrained turning of delivery vehicles or a difficult access to or underground tank);
3.1.2 use your best efforts to ensure that the Supplier will have safe and reasonable access to the delivery location in order that the delivery can be made;
3.1.3 ensure that the relevant tanks/fill pots into which delivery is to be made meet relevant statutory requirements and are safe to receive each delivery of the Products; and
3.1.4 pay in on demand in full for all Products you Order.
4.1 Subject to Conditions 4.2 and 4.3, Compare The Oil Price are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence but Compare The Oil Price are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or our negligence or if it was contemplated by you and Compare The Oil Price at the time the contract was. Except in unusual or exceptional circumstances Compare The Oil Price expect these losses to be limited to the amount paid by you for the Products under the Order. Compare The Oil Price shall in no circumstances whatsoever be liable to you, whether in contract, tort (including breach of statutory duty or negligence), misrepresentation, restitution or otherwise for loss of profit, loss of business, loss of anticipated savings, wasted time or any indirect or consequential loss. Compare The Oil Price shall not be liable for any breach of the contract by the Supplier.
4.2 Nothing in these Conditions excludes or limits in any way Compare The Oil Price’s liability for:
4.2.1 death or personal injury caused by the negligence of Compare The Oil Price;
4.2.2 fraud or fraudulent misrepresentation; or
4.2.3 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
4.3 When you order Products you will be contracting with the Supplier on the Supplier Conditions. Compare The Oil Price give no warranties as to the quality or suitability of any Products purchased through the website and any claims you may have with regard to the Products or the delivery (or non-delivery) of the same are as between you and the Supplier and to be addressed to the Supplier. We will facilitate initial communication of any such complaints or claims by you to the Supplier.
If any of these Conditions including any of the Supplier Conditions 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.
These Conditions including the Supplier Conditions, the Terms of Use and any documents expressly referred to in them constitute the whole agreement between you, Compare The Oil Price and the Supplier and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between you and Compare The Oil Price and/or the Supplier. You acknowledge that you are not relying upon any representation or warranty (whether made by us innocently or negligently) that is not set out in these Conditions including the Supplier Conditions or the documents referred to in them.
Any dispute or claim arising out of or in connection with these Conditions including the Supplier Conditions and/or any contract formed thereunder will be governed by English Law and will be subject to the exclusive jurisdiction of the courts of England and Wales.
1.1 The following definitions, unless the context requires otherwise, apply to these Supplier Conditions. Other definitions may be set out elsewhere in the Supplier Conditions:
"we" or "us": means the fuel supply company (the “Supplier”) who will be providing the Products for your Order and who you are entering in to a contract with.
"you" or "your": you, the person, company or other type of organisation that places and Order for Products.
"Compare The Oil Price" means ‘Compare The Oil Price.com Ltd’ and the website at www.comparetheoilprice.com.
"Order(s)": means an order placed by you for Products through Compare The Oil Price.com and "Ordered" shall be construed accordingly.
"Product(s)": means the products, goods or services Ordered by You through Compare The Oil Price.
"Supplier Conditions" means the terms and conditions in Schedule 1 on which the Supplier will supply the Products to you.
"Writing": includes emails.
2.1 These Supplier Conditions are the terms and conditions on which we supply Products to you.
2.2 Please read these Supplier Conditions carefully before you submit your Order. These terms and conditions tell you how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
3.1 You can contact us through Compare The Oil Price.
4.1 Our acceptance of your Order will take place when Compare The Oil Price confirms your Order, at which point a contract will come into existence between you and us.
4.2 If we are unable to perform your Order once it has been accepted, we will inform you of this as soon as possible and will not charge you for the Products. This might be because the Products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
4.3 Our Products are for the promotion and delivery as set out on Compare The Oil Price and in any event, only in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
5.1 The images of the Products on Compare The Oil Price are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
5.2 The packaging of the Product may vary from that shown on images on Compare The Oil Price.
6.1 If you wish to make a change to the Product you have ordered please contact Compare The Oil Price. We or Compare The Oil Price will let you know if the change is possible. If it is possible we or Compare The Oil Price will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7.1 We may change the Product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to address a security threat.
8.1 The costs of delivery will be as displayed to you on Compare The Oil Price.
8.2 During the order process we will let you know when we will provide the Products to you. This is an estimated time only.
8.3 If our supply of the Products is delayed by an event outside our control then we or Compare The Oil Price will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
8.4 If no one is available at your address to take delivery we will leave you a message informing you of how to rearrange delivery of the Products and any additional charges there may be.
8.5 If you do not re-arrange delivery we or Compare The Oil Price will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and condition 11.2 will apply.
8.6 If you do not allow us access (or safe access) to your property (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access (or safe access) to your property we may end the contract and condition 11.2 will apply.
8.7 The Product will be your responsibility from the time we deliver the Product to the address you gave us or Compare The Oil Price.
8.8 You own the Product once payment in full is made for it.
8.9 We may need certain information from you so that we can supply the Products to you. We or Compare The Oil Price will contact you to ask for this information. If you do not give us or Compare The Oil Price this information within a reasonable time or if you provide incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not providing the information we need within a reasonable time.
9.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product replaced or to get some or all of your money back), see clause 12;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
(c) If you have just changed your mind about the Product, see clauses 9.3 and 9.5;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.5.
9.2 If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about a significant upcoming change to the Product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
(d) you have a legal right to end the contract because of something we have done wrong.
9.3 Under the Consumer Contracts Regulations 2013 you would normally have a legal right to change your mind within 14 days of receipt of the products or goods and receive a full refund. However, due to the nature of the Products, for health and safety reasons, for contamination reasons and due to the mixing of Products, this right to cancel will end as soon as the Supplier has begun the delivery or distribution process of the Product.
9.4 You do not have a right to change your mind in respect of:
(a) Products, once the delivery or distribution process has commenced, even if the cancellation period is still running;
(b) Products sealed for health protection or hygiene purposes, once these have been unsealed;
(c) any Products which become mixed inseparably with other items; and
(d) any Products that cannot be returned by you to us once delivered.
9.5 If you do not have any other rights to end the contract, you can still end the contract before it has been performed by informing us or Compare The Oil Price in writing and we will refund any sums paid by you for Products where we have not begun the delivery or distribution process but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending the contract.
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by informing us or Compare The Oil Price in writing.
10.2 Returning products after ending the contract. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must allow us to collect the Product from you. Please contact us or Compare The Oil Price in writing to arrange a suitable time. In all circumstances it must be possible to easily separate, collect and return the Products to us so that it can be resold or you will still be charged in full for the Products.
10.3 We will pay the costs of return:
(a) if the Products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming material change to the Product or these terms, an error in pricing or description, a material delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.4 If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.
10.5 Where refunds are due to you we will refund you the price you paid for the Products including delivery costs, by the method you used for payment. We will make any refunds due to you as soon as possible.
11.1 We may end the contract for a Product at any time by writing to you if:
(a) you do not make any payment when it is due;
(b) you do not, within a reasonable time, provide information that is necessary for us to provide the Products; or
(c) you do not, within a reasonable time, allow us to deliver the Products to you.
11.2 If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you compensation for the net costs we will incur as a result of your breaking the contract.
11.3 We may write to you to let you know that we are going to stop providing the Product. We will refund any sums you have paid in advance for Products which will not be provided.
12.1 If you have any questions or complaints about the Product, please contact us or Compare The Oil Price.
12.2 We are under a legal duty to supply Products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Product your legal rights entitle you to the following:
- up to 30 days: if your item is faulty, then you can get a refund.
- up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
12.3 If you wish to exercise your legal rights under this condition 12 to reject Products you must allow us to collect them from you. We will pay the costs of collection in these circumstances.
13.1 The price of the Product will be the price indicated on Compare The Oil Price at the time of your Order and as stated on your Order. We use our best efforts to ensure that the price of the Product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the Product you Order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Product's correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the Product's correct price at your Order date is higher than the price stated, we will contact you for your instructions before we proceed to process your Order.
13.4 Payment must be made through Compare The Oil Price in accordance with the Order process on their website.
14.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We will make good any damage to your property caused by us. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover.
14.3 If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.1 We will use the personal information you provide to us:
(a) to supply the Products to you;
(b) to process your payment for the Products; and
(c) if you agreed to this during the Order process, to inform you about similar Products that we provide, but you may stop receiving these at any time by contacting us.
15.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
16.1 Unless otherwise agreed in writing, the Supplier will deliver the Products to you at the address which you have specified for delivery to Compare The Oil Price.
16.2 Delivery of the Products will be deemed to have taken place when the Products pass through the hose connection of the storage tank, container, receptacle, vessel or fill line (as the case may be) which you have provided for receiving delivery of the Product.
16.3 The Supplier will take reasonable steps to deliver the Products by the date specified at the time of your Order or, if none is specified, within a reasonable period of time. However, any delivery dates and times can be estimates only and the Supplier cannot guarantee that the Products will be delivered on or by any particular date or time.
16.4 You must in respect of each delivery of the Products; ensure that all necessary arrangements are put in place for the safe acceptance of each delivery including (without limitation) ensuring delivery and storage access is clear, available and accessible for large delivery lorries and ensuring that sufficient storage capacity is available, is safe and suitable for the Products, is clearly marked with product name (grade), safe working capacity and identification number, is provided with a safe means to check the volume in the tank before and during delivery and complies with any and all applicable laws and regulations. If the Supplier finds on delivery that it is unable to safely access the tank or the Supplier deems the tank to be unsafe you will be charged an aborted delivery fee.
17.1 We may transfer our rights and obligations under these terms to another organisation.
17.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.4 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
17.5 These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts.
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Domestic Customers can order any quantity of oil for a reduced rate of 5% VAT. You may be asked to sign a statement confirming that you are a domestic customer.
Commercial Customers can order quanities of oil under 2,300 litres for a reduced VAT rate of 5%, but for any order over 2,300 litres they are subject to 20% VAT.
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