These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, https://www.solentcalor.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts, are in the English language only.
- Definitions and Interpretation
- 1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
|“Contract”||means a contract for the purchase and sale of Goods, as explained in Clause 8;|
|“Goods”||means the goods sold by Us through Our Site;|
|“Order”||means your order for Goods;|
|“Order Confirmation”||means our acceptance and confirmation of your Order;|
|“Order Number”||means the reference number for your Order; and|
|“We/Us/Our”||means Solent Calor Gas, a company registered in England under company number 10904785, whose registered address is Pegham Copse Industrial Estate, Laveys Lane, Fareham, Hants, PO15 6SD.|
|“Cylinder Gas”||means Gas supplied in cylinders|
|“Cylinder”||means a calor cylinder;|
|“LPG”||means Liquid Petroleum Gas|
2. Information About Us
2.1 Our Site, www.solentcalor.uk, is owned and operated by Solent Calor Gas, a limited company registered in England under company number 10904785, whose registered address is Pegham Copse Industrial Estate, Laveys Lane, Fareham, Hants, PO15 6SD..
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Age Restrictions
4.1 Consumers may only purchase Goods through Our Site if they are at least 18 years of age.
5. Goods, Pricing and Availability
5.1 All prices on Our Site include VAT.
5.2 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
5.2.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
5.2.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
5.3 Stock indications are not provided on Our Site, but most gas is available for next working day delivery. If unsure please ring to confirm on 01329 890027. If the stock is not available for delivery, we will contact you via email to discuss delivery dates.
5.4 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated every month. Changes in price will not affect any order that you have already placed.
5.5 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.
5.6 All deliveries are free of charge within the Solent area. Please contact us if you’re unsure if your location falls within this area.
6. Orders – How Contracts Are Formed
6.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
6.2 If you require a new cylinder you will need to sign a cylinder refill Agreement.
6.3 If, during the order process, you provide Us with incorrect or incomplete information, please Contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
6.4Order Confirmations shall contain the following information:
6.4.1 Your Order Number;
6.4.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
6.4.3 Fully itemised pricing for the Goods ordered;
6.5 In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will ring / text or email to discuss. As payment is made at the time of ordering, any payment made will be refunded to you as soon as possible and in any event within 1 week.
6.6 Any refunds due under this Clause 6 will be made using the same payment method that you used when ordering the Goods.
7.1 Payment for Goods must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.
7.2 We accept the following methods of payment on Our Site:
7.2.1 Credit / Debit Card; (checkout as Guest on PayPal screen)
8. Delivery, Risk and Ownership
8.1 All Goods purchased through Our Site will normally be delivered next working day after Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 12).
8.2 If We are unable to deliver the Goods on the delivery date, we will contact you to discuss an alternative delivery date.
8.3 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address you have provided.
8.4 Ownership of the Goods passes to you once we have received payment in full of all sums due.
8.5 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.
9. Faulty, Damaged or Incorrect Goods
9.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please Contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Your available remedies will be as follows:
9.1.1 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
9.1.2 If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a replacement. We will bear any associated costs and will carry out the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
9.1.3 If, after a replacement, the Goods still do not conform (or if We cannot do so as previously described), you may reject them in exchange for a refund.
9.2 To return Goods to Us for any reason under this Clause 9, please Contact us to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this Clause 9 and will reimburse you where appropriate.
9.3 Refunds (whether full or partial, including reductions in price) under this Clause 9 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
9.4 Refunds under this Clause 9 will be made using the same payment method that you used when ordering the Goods.
9.5 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
10 Cancelling and Returning Goods if You Change Your Mind
10.1 Under the Consumer Protection (Distance Selling) Regulations, you have a legal right to a “cooling-off” period of seven working days, following the day on which you receive the goods. Within the 7 days you can cancel the Contract for any reason. This period begins once your order is submitted.
10.2If you wish to exercise your right to cancel under this Clause 10, you must inform Us of your decision within the cooling-off. Please contact us via one of the options below. Cancellation by email is effective from the date on which you send Us your message. If you would prefer to contact Us directly to cancel, please use the following details:
Telephone: 01329 890027;
In each case, providing Us with your name, address, email address, telephone number, and Order Number.
10.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however, please note that you are under no obligation to provide any details if you do not wish to.
10.4 If goods have been delivered we will arrange collection. Please ensure that the Goods are ready for collection at the agreed time and location in their original condition.
10.5 Refunds under this Clause 12 will be issued to you within 14 calendar days of the following: The day on which We collect the Goods back;
10.6 Refunds under this Clause 10 may be subject to deductions in the following circumstances:
10.6.1 We will reimburse you in full on collection of the returned goods. Please be aware that payment made through PayPal will be returned via PayPal, less the PayPal transaction fee. (unless these goods are faulty or have been delivered by us in error).
10.7 Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Goods.
11. Our Liability to Consumers
11.1 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
11.2 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
11.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
11.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial-of-service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
11.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
11.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
12. Events Outside of Our Control (Force Majeure)
12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
12.2 If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
12.2.1 We will inform you as soon as is reasonably possible;
12.2.2 We will take all reasonable steps to minimise the delay;
12.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
12.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
13. Communication and Contact Details
13.2 We will never send you marketing emails of any kind.
13.3 If you wish to contact us with all questions or complaints, enquiries about orders or cancellations, you may contact us by telephone at 01329 890027, by email at email@example.com, or by post at Pegham Copse Industrial Estate, Laveys Lane, Fareham, Hants, PO15 6SD. .
14 Complaints and Feedback
14.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
14.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
By email, firstname.lastname@example.org;
By contacting Us by telephone on 01329 890027.
15. How We Use Your Personal Information (Data Protection)
15.1 All personal information that We may use will be collected, processed and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
16 Law and Jurisdiction
16.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
16.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
16.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
16.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
17. Intellectual Property Rights
17.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
17.2 Subject to sub-Clauses 17.3 and 17.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
17.3 You may:
17.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
17.3.2 Download Our Site (or any part of it) for caching;
17.3.3 Print pages from Our Site;
17.3.4 Download extracts from pages on Our Site; and
17.3.5 Save pages from Our Site for later and/or offline viewing.
17.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
17.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
17.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
18. Links to Our Site
18.1 You may link to Our Site provided that:
18.1.1 You do so in a fair and legal manner;
18.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
18.1.3 You do not use any logos or trademarks displayed on Our Site without Our express written permission; and
18.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
18.2 You may link to any page of Our Site.
18.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact us at email@example.com for further information.
18.4 You may not link to Our Site from any other site the main content of which contains material that:
18.4.1 is sexually explicit;
18.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
18.4.3 promotes violence;
18.4.4 promotes or assists in any form of unlawful activity;
18.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
18.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
18.4.7 is calculated or is otherwise likely to deceive another person;
18.4.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
18.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 18.4);
18.4.10 implies any form of affiliation with Us where none exists;
18.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
18.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
18.5 The content restrictions in sub-Clause 18.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 18.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
19. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
20. Viruses, Malware and Security
20.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
20.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
20.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
20.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
20.5 You must not attack Our Site by means of a denial of service attack, a distributed denial-of-service attack, or by any other means.
20.6 By breaching the provisions of sub-Clauses 20.3 to 20.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
21. Acceptable Usage Policy
21.1 You may only use Our Site in a manner that is lawful. Specifically:
21.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
21.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
21.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
21.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
21.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 21 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
21.2.1 suspend, whether temporarily or permanently, your right to access Our Site;
21.2.2 issue you with a written warning;
21.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
21.2.4 take further legal action against you as appropriate;
21.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
21.2.6 any other actions which We deem reasonably appropriate (and lawful).
21.3We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
22 Privacy and Cookies
23 Changes to these Terms and Conditions
23.1 We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
23.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.