Terms & Conditions for the use of ValueOils.com Website.

ValueOils.com Terms & Conditions

Introduction.

The owner of this website is ValueOils.com Ltd ("ValueOils.com"), a UK registered company - Company Registration : NI072359, located at 51 Mallusk Enterprise Park, Mallusk, Newtownabbey, County Antrim, N.Ireland, BT36 4GN (“ValueOils.com”). By using this website or its content, whether directly or through a third party, you agree to be legally bound by and act in accordance with these Terms & Conditions of Use. In particular you agree not to do the acts prohibited under paragraphs 3 to 5 below. If you disagree with these Terms & Conditions of Use, you are not permitted to, and agree not to, use this website or its content.

ValueOils.com operates an independent Heating Oil and Red Diesel price comparison website. We aim to supply Customers wishing to buy heating oil or red diesel via an independent network of approved quality Suppliers. We identify the best live quotations according to the Customer’s stated postcode and delivery preferences.

ValueOils.com provides automated on-line facilities to generate quotations, process orders & process payments all of which are confirmed by eMail.

These terms and conditions, together with our Privacy Policy, set out our contract with you and apply to any Goods or Services that you may purchase from us. They are important as each time you place an order you agree to be bound by them. Please read carefully before ordering.

If you do not accept our terms and conditions, you should not order any Goods or Services from us. A link to these Terms & Conditions will be provided on your order confirmation and delivery confirmation eMails. Please feel free to print or save a copy of these terms and conditions for your use.

Exclusive online distribution channel.

ValueOils.com are the only entity authorised to sell, promote or display ValueOils.com products and services. Other entities may apply to enter into a written Licence Agreement with ValueOils.com, which permits such entities to access ValueOils.com prices for products and services for the sole purpose of price comparison. By entering the ValueOils.com website, an entity user accepts a charge of £10,000 if the ValueOils.com website or any of its content and / or Trademarks is copied or is used by the entity in any way for advertising, screen-scraping, social media, canvassing or representation.
 
Permitted use.

You are not permitted to use the ValueOils.com website (including the mobile app and any webpage and/or data that passes through the web domain at ValueOils.com) its underlying computer programs (including application programming interfaces (“APIs”)), domain names, Uniform Resource Locators (“URLs”), databases, functions or its content other than for private, non-commercial purposes. Use of any automated system or software, whether operated by a third party or otherwise, to extract any data from this website for commercial purposes (“screen scraping”) is prohibited. ValueOils.com reserves its right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorised use of this website.

Intellectual property.

All information, data, underlying computer programs (including APIs), domain names, URLs, databases, and materials presented on this website, including names, logos, branding, prices, etc., as well as the colour scheme and the layout of the website, are subject to copyright, trade mark rights, database rights and/or other intellectual property rights. You may use such content only as strictly required for permitted personal, non-commercial purposes. Any other use and/or reproduction of such content, without the prior written consent of ValueOils.com Ltd, is prohibited and will constitute a breach of these Terms & Conditions of Use and may infringe ValueOils.com IP rights.

Links to this website.

You may not establish and/or operate links to this website without the prior written consent of ValueOils.com

Limited liability.

ValueOils.com will not be held liable for any losses and/or damages arising from the use of this website or of any other website to which this website provides a link, and/or from the use of information presented on this or any such other website.

Applicable law and jurisdiction.

It is a condition precedent to the use of the ValueOils.com website, including access to information relating to Prices, Services, Cancellations, Costs, etc., that any such party submits to the sole and exclusive jurisdiction of the Courts of Northern Ireland and to the application of the law in that jurisdiction, including any party accessing such information or facilities on their own behalf or on behalf of others.  In the absolute and sole discretion of ValueOils.com, a legal action may be brought by ValueOils.com against any party in breach of these terms and conditions, at its election, in Northern Ireland & UK & Republic of Ireland.

ValueOils.com shall be able to assign a contract without the express permission of the buyer. Nor will it have a contract assigned upon it, by the Customer

The Customer shall not use ValueOils.com or its selected Suppliers, logo or other intellectual property rights in advertising or publicity without their prior written consent.

Any notice required or permitted to be given by either party by eMail to the other under these Conditions shall be in writing addressed to that other party at its principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.

Nothing in these Conditions confers on any third party any benefit or any right to enforce any of these Conditions except that a person who is the permitted successor to or assignee of the rights of a party is deemed to be a party to the Contract.

1. DEFINITIONS:

In these terms and conditions we use the following phrases:

ValueOils.com – This means the company ValueOils.com Limited, the website www.ValueOils.com as operated by ValueOils.com Ltd and its approved suppliers.

Customer
– This means any person or persons, firm or firms, company or companies, authority or authorities who shall order or buy the Goods, or in succession a receiver, administrator, administrative receiver or judicial administrator;

Goods & Services
– This means any fuel, kerosene, gas oil, additives, service level options and sundries that we agree to supply to you.

Order
– This means any order placed for the goods & Services via the ValueOils.com website

Contract
- This means the contract under which ValueOils.com shall supply Goods to you in accordance with and subject to these Terms & Conditions

Supplier(s)
- This means ValueOils.com independent network of approved quality Supplier(s).

2. SALES ORDERS:

2.1 All Sales Orders placed with ValueOils.com whether online or by phone are subject to ValueOils.com Terms & Conditions of Sale.

2.2 Quotations online or by phone are “live” and valid only at the time of issue. We may withdraw a quote or change the price at any time prior to acceptance.

2.3 When you place a Sales order by phone, a contract is formed between us when we confirm on the phone that we have accepted your order. We will also confirm this by eMail where a valid eMail address is supplied.

2.4 When you place a Sales order online via our website, a contract is formed between us when we send you an eMail confirmation of your order where a valid eMail address is supplied.

2.5 The Sales Order Confirmation email will state the "Total Authorised on Card". This is the “Total Price You Pay” which includes Nett price for goods and sundry services, delivery charges, commissions, credit card charges (commercial cards only) and Vat at the applicable rate. It will also state the delivery deadline date (estimated in the case of a standard delivery) and the name and depot contact details of ValueOils.com approved quality Supplier, where appropriate or available.

2.6 Each Sales order you place which is accepted by us forms a separate contract.

2.7 Until such a time as a contract has been completed between you and ValueOils.com, including the delivery of Goods, ValueOils.com will retain Bank Authorisation for card payments made by you;

2.8 All relevant delivery details, except for your payment information, will be forwarded on to the approved quality Supplier depot.

2.9 ValueOils.com reserves the right to change/transfer the contract to an alternative ValueOils.com approved quality Supplier depot at any time

2.10 Prior to the approved quality Supplier depot scheduling the delivery, you have the right to cancel a contract subject to T&C  - but must request cancellation in writing / e-mail to Sales@ValueOils.com

2.11 ValueOils.com reserve the right to charge you a cancellation fee.

3. DELIVERY OF SALES ORDERS:


3.1 We deliver Goods across UK & Ireland. Our aim is to deliver to you by the delivery date in your quotation or written confirmation, or within 21 days. However, this might not always be possible due to weather conditions and or factors beyond our reasonable control. If there is a delay, the Supplier will try to contact you as soon as they can to agree a new delivery date.

3.2 Delivery will be deemed to have taken place when Fuel delivered in bulk by road vehicle, when on discharge it passes the hose connection / fill point of the storage tank, container, receptacle, vessel or fill line which you use for receiving delivery at your address;

3.3 If you ordered Fuel to be delivered in bulk and we have un-interrupted access to safely fill your tank, you don’t need to be present when we deliver. In all other cases, it is your responsibility to ensure that someone is available at your delivery address on the date of delivery. If nobody is at home and there is no access / safe access to make the delivery, we will try to contact you by telephone. If we cannot do so, we will leave a note to explain and will try to contact you to rearrange the delivery.

3.4 If the delivery address you gave is wrong and your order is delivered to someone else, we cannot be responsible for any losses you may incur as a result and will be under no obligation to refund you or provide replacement Fuel - please check that the details you give us are correct.

3.5 The Customer hereby indemnifies ValueOils.com and ValueOils.com's driver against any damages, losses, proceedings, claims, costs or expenses whatsoever including any damage to the surface or structure of the route from any failure by the Customer to provide a sound, proper and safe route as aforesaid.

3.6 In respect of each delivery of Fuel, the customer must:

3.6.1ensure that all necessary arrangements are put in place to safely accept each delivery including providing appropriate equipment to accept delivery, ensuring delivery and storage access is clear and available (noting that delivery vehicles are both larger and heavier than private cars) and ensuring that sufficient storage capacity is available, is safe and suitable for the Fuel, is clearly marked with product name (grade), safe working capacity and identification number, is provided with a safe means to check volume
in tank before and during delivery and complies with any and all applicable laws and regulations;

3.6.2 not climb onto any vehicle we use to deliver the Fuel; we may stop the relevant delivery if you attempt to do so;

3.6.3 indicate to us the correct fill / coupling point for your tank(s) (please note that we are not responsible for dipping, checking or testing your tank(s));

3.6.4 tell us about any safety or operating problems with your storage tank before we start delivery; any out of service equipment must be clearly marked and sealed / kept separate;

3.6.5 act sensibly and carefully with the Fuel. Handling the Fuel incorrectly can be dangerous. It is important for everyone’s safety that you know and comply with relevant health, safety and environmental law. If you have any doubts, you can obtain further advice from your local council or see the health and safety information on your delivery note.
When placing an order on the ValueOils.com website you are responsible to ensure;

3.7 You provide all appropriate delivery information including the correct and complete delivery address (please note delivery address should not be provided in the order or address instructions boxes, but rather in the delivery address section). In the order and address instructions boxes, provide correct, complete and reasonable delivery instructions (requests for specific vehicle size / type / hose length/ split delivery/ specific time etc. are not considered to be reasonable although ValueOils.com MAY at their discretion be in a position to accommodate such requests). Such appropriate delivery information will be essential for ValueOils.com to successfully carry out the delivery of the Goods without need for cancelling, aborting or re-delivering. ValueOils.com reserve the right to charge you a reasonable administration fee to cover the costs of cancellation, aborting or re-delivering.

3.8 You take reasonable care to ensure that ValueOils.com will have safe uninterrupted and unlocked access to the tank and delivery location so the delivery may be completed.

3.9 That the tank and all associated equipment (eg : guages) into which the delivery is to be made, meets statutory requirements, is safe to receive the delivery and is unlocked. In the case of failure to meet such statutory and access requirements, ValueOils.com reserve the right to charge you a reasonable administration fee to cover the cost of cancellation and / or a reasonable cost to cover the cost of re-delivering or aborting the delivery.

3.10 Any specific delivery requests, notes or instructions that have a chargeable service option (that have not been purchased) will be solely at the discretion of the ValueOils.com.

3.11 If we believe that it would be unsafe to make a delivery of Fuel to you then we may suspend that delivery until we are satisfied that it would be safe for us to proceed.

3.12 For fuel delivered in bulk by road vehicle we will invoice you for the volume of fuel actually delivered. We will not deliver more than you ordered unless you agree. We will always try to deliver the agreed volume of fuel, but if we are unable to do so due to reasons beyond our reasonable control for example, if unsafe access to the tank; we deem the tank to be unsafe; or there is less space available in your tank than the quantity of fuel you ordered and you have paid for the ordered Fuel in advance then we will only charge you for the fuel delivered. ValueOils.com reserve the right to adjust the unit price to reflect the lesser amount of fuel delivered. Please note ullage space is required to allow for potential expansion of fuel. The trained driver’s expert opinion in this matter is final. We will refund any balance due to your payment card.

3.13 For Fuel delivered in bulk by road vehicle we record the delivery date, quantity and type of the Fuel delivered. That record shall, in the absence of evidence to the contrary, be deemed to be conclusive proof of the date of delivery, the volume and type of Fuel delivered. If you believe that any information set out on your delivery note or invoice, is wrong then you must notify us in writing providing full details of any disputed element(s) as soon as possible. If we are unable to satisfy any concerns, we will ask you to refer the matter to the government Trading Standards Authority.

3.14 If for any reason, other than our failure to comply with these terms, you fail to accept delivery of any of the Goods when they are ready to be delivered, wish to delay delivery, or  do something which means that we are unable to deliver the Goods then we may deliver the Goods you ordered to another customer or may return Goods to the depot which may mean that your delivery date may be delayed, or we reserve the right to charge you a reasonable “Aborted delivery Charge” which is the cost to us of delivering the Goods to you and returning them to our depot or another customer.

3.15 If you become aware that the wrong Goods have been delivered then you must stop using them immediately and tell us as soon as possible. We will discuss with you to arrange collection of the Goods or agree another solution.

3.16 Any deadline date or time specified by ValueOils.com for delivery of the Goods is an estimate only and date or time for delivery shall not be made "of the essence" by notice. However, if ValueOils.com fails to deliver within 4 hours of the specified latest date and time for delivery (excluding standard foc. deliveries), an appropriate downgrade of the service level and service level charge will be applied to the applicable option. In the case of reverting to standard delivery,  a refund of any non-standard, premium / express charges paid at point of order, may be made to the Customer. Thereafter, delivery will be within a reasonable time and can arrive at any time from order is placed up to the orders new delivery deadline as notified by ValueOils.com to the Customer.

3.17 Subject to the other provisions of these Conditions, ValueOils.com shall not be liable for any loss (including loss of profit), costs, damages, charges (including plumber or heating engineer costs) or expenses (including cost of emergency oil drums) caused directly or indirectly by any delay in the delivery of the Goods nor will any delay entitle the Customer to terminate or rescind the Contract.

3.18 ValueOils.com measurements of quantity shall be accepted by the Customer, and ValueOils.com Trading Standards approved and sealed meter reading equipment shall be conclusive and binding upon both parties.

3.19 Any deliveries that cannot be made due to inaccessibility outside of ValueOils.coms control (eg: absence of the Customer at the Delivery Point / unsafe delivery tank, locked gate or tank etc) shall incur a “No Access” charge of up to £75 via Debit/credit card used to place order.

3.20 If a split delivery is requested at the time of ordering by the Customer, this will be considered but not guaranteed by ValueOils.com. In such event, the Customer agrees to pay a split delivery charge of no more than £50 to cover additional costs incurred by ValueOils.com. This charge will be agreed between ValueOils.com and the Customer before delivery via Debit/credit card used to place order.

3.21 In the event that the Customer provides ValueOils.com with an incorrect or inaccurate delivery address or instructions, ValueOils.com will accept no liability for loss or recovery of goods.

3.22 In the event that the Customer provides ValueOils.com with an incorrect or inaccurate delivery address or instructions leading to an aborted delivery, ValueOils.com reserves the right to apply a "Call Out Charge" of up to £75 via Debit/credit card used to place order.

4. NON DELIVERY:

4.1 ValueOils.com shall not be liable for any discrepancy or non-delivery of Goods unless written notice is given to ValueOils.com within 3 working days of delivery.

4.2 Any liability of ValueOils.com for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note to the Customer at the pro rata contract rate against any invoice raised for such Goods by ValueOils.com.

4.3 If a Return of Goods or Refund is agreed between the Customer and ValueOils.com, then the Customer’s credit or debit card will be amended by ValueOils.com within three working days, subject to bank clearing days.

5. PRICING / PAYMENT:

5.1 Unless otherwise agreed in writing by ValueOils.com, the price of the goods supplied shall be the price quoted and on any confirmation of order e-mail provided by ValueOils.com on behalf of ValueOils.com;

5.2 Save as expressly stated otherwise by ValueOils.com in writing, prices quoted for goods and services are presented in a "Total You Pay" format which includes VAT, commission and chargeable delivery options if appropriate and which shall be due at the date ruling on the date of ValueOils.com's invoice

5.3 Prices indicated on ValueOils.com's quotations provided via ValueOils.com e-mail shall not be binding on ValueOils.com until a Sales order is confirmed on behalf of ValueOils.com on the ValueOils.com website and an e-mail confirmation has been sent.

5.4 In addition to the price of goods or services quoted, other charges may be imposed by ValueOils.com at ValueOils.com's discretion; (ref but not limited to clauses: 5.11,5.12,5.13,5.14,5.15)

5.5 ValueOils.com reserves the right at any time to vary the live prices quoted on ValueOils.com for any of the goods or services. Prices in the market fluctuate on a daily basis and can be subject to change several times per day.

5.6 The Customer agrees to pay ValueOils.com the price they are quoted at the point of Order Confirmation  regardless of price variations between the time of order and time of delivery.(subject to clause 3.7)

5.7 The Customer agrees to select the appropriate Card type, either Personal or Business card, at the point of payment.

5.8 Orders placed on ValueOils.com website using a Business or Commercial debit or Commercial Credit card remain subject to a bank surcharge. It is the responsibility of the Customer to select a Business card type at point of payment which includes the relevant bank charge.

5.9 In the event that a Personal card type (which attracts no bank charge) is selected by a customer who then uses a Business or Commercial card for payment, ValueOils.com reserves the right to subsequently apply the relevant bank charge and will inform the customer by eMail.

5.10 The customer agrees to pay the relevant Vat rate and to select the correct usage type when placing an order. The customer also agrees to sign the required RDCO HMRC form for Valueoils.com if requested to do so.

5.11 It is the Customer’s responsibility to ensure payment in full. If the payment cannot be made for whatever reason. ValueOils.com maintains the right to deny the process of an order.

5.12 If the delivered quantity is less than the original quantity ordered, due to the Customer’s tank reaching the maximum safe level, then ValueOils.com has the right to make an amendment to the order price per litre, (as per the Pro-rata price per litre selling schedule of ValueOils.com ruling at that time for the delivered quantity), the commission and the total price paid by the Customer,

5.13 The customer agrees that if they request the driver to 'top-up' their tank, ValueOils.com may repeat on their chosen payment method for the balance at the pro-rata rate the order was accepted on or to pay balance via PayPal transfer

5.14 ValueOils.com reserves the right to make a one-off "short Delivery / returns to depot" charge of up to £75 (+ commission) in the event that the quantity delivered is less than 50% of the quantity ordered for whatever reason outside of ValueOils.coms control including cancellation by customer.

5.15 ValueOils.com reserves the right to make a non-Delivery charge of up to £75 (+ commission) per occasion in the event that the customer supplies an incorrect or incomplete Delivery address or supplies incorrect or incomplete delivery instructions or fails to supply correct and /or complete delivery instructions leading to the delivery being aborted or re-delivered.

5.16 ValueOils.com reserves the right to make a non -Delivery charge of up to £75 per occasion in the event that the customer fails to leave reasonable access as per terms of the sales order leading to the delivery being aborted or re-delivered.

5.17 In the event of a wrong delivery being carried out due to the customer supplying incorrect Delivery address or instructions, ValueOils.com will have fulfilled its obligations and resolution is the responsibility of the Customer.

5.18 Payment from the Customer to ValueOils.com for all goods, services, commission & vat shall be made exclusively by the use of Credit/ Debit card or PayPal through ValueOils.com Website.

5.19 All payment details must be completed in advance of delivery, at the time of the order being placed. Upon placement of an order the Customer’s payment for the amount ordered will be “bank authorised” (held) by ValueOils.com.

5.20 Upon actual delivery of fuel oil by ValueOils.com, the delivered quantity will be confirmed and the final calculated value will be debited from the customers’ card at the pro-rata quantity value for the fuel. This process will happen after delivery and final payment will be confirmed by e-mail to the Customer by ValueOils.com. ValueOils.com will, if requested issue a copy Vat Invoice to the customer.

5.21 The bank authorisation obtained by ValueOils.com agent ValueOils.com at time of order confirmation remains valid for up to 30 days. Payment will be taken in full from the Customers card shortly after delivery confirmation or, in circumstances beyond the control of ValueOils.com, leading to a delayed delivery date, then full payment may be requested before expiry of Bank Authorisation guarantee period.
 
5.22 Notwithstanding the provisions of clauses 5.2 and 5.3 ValueOils.com reserves the right to require payment in full for the Goods and/or Services on or before the point of delivery.

5.23 In the event of any delay in payment beyond the date payment is due, the Customer shall pay ValueOils.com interest on a daily basis at the rate of 5% over and above the base lending rate of Danske Bank Limited from time to time for the period that the payment is overdue or at the rate of 2.5% per month, whichever is higher, Interest shall accrue at such rate both before and after Judgment until payment in full.

5.24 The Customer shall make no deduction from ValueOils.com invoice price of the Goods and/or Services on account of any set-offs or claims.

5.25 ValueOils.com  will not be held liable for any bank or financial institution charges incurred by the Customer as a result of credit/debit card usage in placing or attempting to place or cancel any order for goods or services with ValueOils.com. (This includes overdraft, overdrawn or any other authorised or unauthorised charges.)

5.26 ValueOils.com shall be entitled to a general lien on all goods of the Customer in ValueOils.com possession (including goods of the Customers which have been paid for) for the unpaid price of all Goods and/or Services sold to the Customer by ValueOils.com under this or any other contract.

5.27 ValueOils.com shall be entitled to impose a charge if the Customer's credit/direct debit tendered in payment for Goods and/or Services are dishonoured by the bank in the amount of £25.00 per credit/direct debit for each time it is dishonoured.

5.28 The Customer agrees that Account balances accumulated through ValueOils.com. website "Pre-Payments Scheme" shall be offset against future Fuel Oil orders only. In the event that the Customer requires a full or partial refund of any credit balance, ValueOils.com will apply an administration fee of £25 for each refund transaction. Refunds will be made by Bank Transfer within 5 banking days from the date which ValueOils.com receives the Customer's request for a refund.

5.29 The Customer agrees and authorises that the first payment under ValueOils.com Pre-payment Scheme will be debited on the date that the Pre-payment is initiated.

5.30 The customer agrees that if they request the driver to fill the tank, ValueOils.com will be entitled to repeat on their chosen payment method for the outstanding balance due.

6. CANCELLATION / VARIATION OF SALES ORDER:

6.1 ValueOils.com shall be entitled without liability to the Customer whatsoever to withhold or suspend delivery of the goods or performance of the Service or any part thereof if the Customer's accounts with ValueOils.com are outstanding to an extent which ValueOils.com considers unreasonable or if ValueOils.com considers that the Customer will fail to make payment or will fail to perform any other obligation undertaken by it in terms of the contract.

6.2 No variation or cancellation of an order shall be accepted unless written or e-mail notification of such variation or cancellation is received by ValueOils.com by eMail. Such notification will alter or terminate the administration process in due course and the Customer agrees that a cancellation / variation fee of £25 + commission shall be charged to the Customer's Debit / Credit card irrespective of the notice of any cancellation / variation given to ValueOils.com.

6.3 The Customer indemnifies ValueOils.com against all costs, losses or expenses suffered or incurred or paid by ValueOils.com as a result of any such cancellation or variation received after the administration process has been commenced and or Goods have been scheduled and or loaded and agrees that an additional cancellation fee of up to £50 + commission be charged to the Customer’s Debit/Credit card.

6.4 Upon cancellation, ValueOils.com will release funds under the Bank Authorisation code on the secured payment (nett of any cancellation / variation charge) and the funds will be returned to the Customers bank account within 5-10 banking days. This is an automated Bank Clearing process over which ValueOils.com has no control.

6.5 The Customer shall inspect the Goods as soon as is practicable after the point of delivery and shall give to ValueOils.com within three (3) days of delivery notice of any claim for any shortages or damage, failing which the Goods shall be conclusively presumed to have been received and accepted by the Customer

7. TITLE:


7.1 Until the Customer has paid in full for the goods including all VAT and delivery charges, the goods remain the sole and absolute property of ValueOils.com as legal and equitable owner;

7.2 In the event of delivery of the goods prior to the passing of the title in them, the Customer shall be in possession of the goods solely as Bailee for ValueOils.com until such time as the title in them has passed.
 
7.3 The Customer shall insure to their full value and goods wherein the risk but not the title has passed to it and shall indemnify ValueOils.com for loss, damage to or destruction of any such goods and shall hold any insurance monies payable in respect of the goods in trust for ValueOils.com;

7.4 Until title to the Goods shall pass pursuant to clause 7.1;

7.4.1 The Customer shall, at no cost to ValueOils.com, store and label the goods in such a manner that they shall if appropriate remain separate from other goods in the Customers possession and be readily identifiable as ValueOils.com's goods.

7.4.2 The Customer shall be bound at the request of ValueOils.com to deliver up the Goods to ValueOils.com and for such purpose ValueOils.com may at any time (and whether or not the Customer shall be in default in making payment under contract) in its absolute discretion recover from the Customer those goods being in the Customer's possession and for the purpose of such recovery, ValueOils.com's servants and agents may enter upon the land or building upon or in which the Goods are situated;

7.5 Notwithstanding any purported appropriation by the Customer to the contrary, ValueOils.com shall be entitled to appropriate payment or payments for goods made by the Customer to ValueOils.com to such Goods on account as it shall deem fit.

7.6 The provision of this clause shall apply not withstanding that the Goods shall have been added to or incorporated in any goods and that the process by which they have been added to or incorporated in the Customer's goods is reversible.

7.7 The provisions of this Clause 7 shall apply notwithstanding that the Goods shall have been added to or incorporated in the goods of any third party, provided that the Goods remain identifiable as discrete goods and that the process by which they have been added to or incorporated in the third party's goods is reversible.

7.8 In the event that ValueOils.com exercises its right of ownership so as to recover possession of the Goods or any part of them, the risk in the Goods retaken shall revert to ValueOils.com on possession being retaken by ValueOils.com, its servants or agents and ValueOils.com shall have full and unencumbered right to dispose of the goods free of any rights whatsoever on the part of the Customer to the Goods or the proceeds of the sale thereof.

7.9 If in breach of 7.4.1 the Customer commingles goods purchased from ValueOils.com for which payment has not been made, with identical goods of ValueOils.com, Customer or third party whether paid for or not, ValueOils.com it's servants and agents shall be at liberty, in the event that the said goods have not been paid for under the payment terms contained herein, to enter upon the land or buildings in which the goods are situated and recover possession of the goods from the identical commingled goods on a pro-rata basis without distinction as to pay or unpaid goods or ownership.

7.10 The Customer shall not be at liberty without the permission of ValueOils.com in writing to create or allow to be created any charge, lien or debenture over the goods until they have been paid for in full. If the Customer breaches this condition and the Customer is a limited company then such an act will constitute acceptance by the directors of the Customer that they jointly and severally accept personal liability for payment of the goods in full.

7.11 It is expressly stated that title to the goods will not pass to a receiver, administrator, administrative receiver or judicial administrator on their appointment without the written permission of ValueOils.com.

7.12 If ValueOils.com inadvertently delivers a greater quantity to the customer’s tank than the quantity that was ordered, the Customer will accept the Trading Standards approved meter printed delivery documentation as proof of the Quantity delivered and the Customer will permit ValueOils.com to recover the excess goods within 14 working days, unless alternative mutually agreed arrangements are made.

8. CUSTOMER STORAGE AND OFF-LOADING FACILITIES:


8.1 ValueOils.com reserves the right at any time to refuse to make delivery of the goods or any part of them if in its sole opinion the storage and offloading facilities proposed by the Customer are inadequate, unsuitable or unsafe for  health, safety or environmental reasons. All reasonable costs incurred by ValueOils.com in attempting to make delivery shall be for the account of the Customer. Where any of the Goods are delivered by ValueOils.com such delivery shall in no way constitute a commitment or representation by ValueOils.com as to the suitability or safety of the Customer's storage or offloading facilities so that ValueOils.com shall be under no liability in respect of the storage or offloading facilities used by the Customer. The Customer is expected to satisfy himself as to the suitability of storage and offloading facilities provided and ValueOils.com will accept no claims in respect of damage or loss to the Customer as a result of inadequate, unsuitable or unsafe storage or offloading facilities. The Customer is expected to acquaint himself fully and observe all statutory provisions relating to the safety, supply and storage of Fuel Oil and flammable materials.In these circumstances, ValueOils.com and its Agent ValueOils.com reserves the right to apply a "Cancellation & returns to depot charge" of up to £75.

8.2 Where goods are delivered by ValueOils.com to the Customer on any occasion, this does not represent a future commitment as to the suitability or safety of storage or approach to the Customer's facilities.

8.3 We do not accept responsibility for the Goods beyond their successful delivery, and all risk of loss or damage attributable to the use or storage of the Goods thereafter shall pass to the Customer at the time of delivery.

8.4 By agreeing to our terms and conditions, you confirm that you have complied with all relevant environmental and safety legislation and that the storage tank, container, receptacle, vessel or fill line (as the case may be) are structurally sound, do not leak and are in a suitable condition to safely receive Fuel.

9. FORCE MAJEURE:

9.1 ValueOils.com reserves the right to defer the date of delivery, its services or obligations or to cancel the Contract or to reduce the volume of the Goods ordered by the Customer (without Liability to the Customer) if ValueOils.com is prevented from or delayed in the carrying on of its business due to circumstance beyond the reasonable control of ValueOils.com including, without limitation, seasonal temporary stock shortage, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, storm, snowfall, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials

10. LIABILITY:

10.1 All terms, condition, warranties, statements or representations whatsoever, whether express or implied, statutory or otherwise and all obligations and liabilities whatsoever of ValueOils.com (save as provided in clause 10.2 and 10.4) relating to the quality, merchantability, fitness for purpose, suitability or other properties of the Goods are hereby expressly excluded.

10.2 In the event of any claim ValueOils.com's liability shall be totally and exclusively limited to the replacement of the Goods or, at the option of ValueOils.com, to the refund of any purchase price received in respect thereof, and in no event shall ValueOils.com be liable for any special consequential or incidental loss or damage to the Customer under any contract of these Condition of Sale connected in any way with the Goods or any use of them by the Customer or any third party or the Service (including, but not limited to economic loss, loss of profits or revenue or costs arising from the use of the Goods) whether such liability arises in contract or in tort (including by reason of any negligence of ValueOils.com) or otherwise.

10.3 Notwithstanding the foregoing, ValueOils.com shall be under no liability whatsoever to the Customer after the point of delivery.

10.4 The exclusion of liability referred to in this Clause 10 does not apply so as to exclude or restrict ValueOils.com's liability for: -

10.4.1 Death or personal injury resulting from the negligence of ValueOils.com, its servants or agents; or

10.4.2 Breach of ValueOils.com's implied undertaking as to title to Goods contained in Section 12 Sale of Goods Act 1979.

10.5 ValueOils.com acknowledges that it is liable for any issues relating to the Goods and or the delivery of the goods. Such liability includes but is not limited to, the delivery, health & safety issues, the accuracy and/or the quality of these goods, damage. All of these issues are the responsibility of ValueOils.com, except in the matters which are your responsibility. 

Nothing in these terms and conditions excludes or limits our liability for:
• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 (this is about our ownership of the goods / Fuel);
• defective products under the Consumer Protection Act 1987; or
• any other matter for which the law does not allow us to exclude or attempt to exclude our liability.

11. COPYRIGHT / BRAND IDENTITY:


11.1 Access to and use of ValueOils.com website is subject to the following terms and conditions and all applicable laws which, by accessing and browsing the Site, the user accepts, without limitation or qualification. ValueOils.com is a trademark of the ValueOils.com Limited company.

11.2 All of the content featured or displayed on the site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software is owned by ValueOils.com ltd.

11.3 No part of this website including the company name & logo may be reproduced without the express prior written permission of the copyright holder, application for which should be made in writing in advance to the copyright holder. By entering the ValueOils.com website, the user accepts a charge of £10,000 if the website or any of its content is copied or is used in any way for advertising, screen-scraping, canvassing or representation, social media etc.

12. DATA PROTECTION / PERSONAL INFORMATION:

12.1 We comply with the standards, procedures and requirements laid down by UK law to ensure that the personal information you give us is kept secure and processed fairly and lawfully. No personal information is publicly accessible.

12.2 You will need to register with us to place an order. We will require your name, address, telephone number and email address together with any special delivery instructions. All information you provide must be true and accurate.

12.3 It is important for us that you know exactly what personal details we collect from you and how we look after and use them. – Click here to see our Privacy statement:

13. HEALTH, SAFETY & ENVIRONMENTAL:

                                                                                           
13.1 The health, safety and security of employees, partners, customers and the general public and the protection of the environment are of paramount importance to the ValueOils.com in any considerations regarding a Sales Order or Delivery thereof. – Click here to see our H.S.E. Policy

13.2 The Customer shall strictly observe all of the conditions of the Customer's Petroleum Storage Licence (if any) and will not, in any circumstances allow any smoking or naked lights nor permit any stoves, electric or gas fires or radiators to function in proximity to a tank, or inlet pipe into which a delivery of Goods is being made or vent pipe connected to such tank and the Customer indemnifies ValueOils.com against all damages, losses, claims, proceedings, costs or expenses whatsoever suffered or incurred or paid by ValueOils.com as a result of, or arising from any breach of this condition howsoever caused.

14. LAW:


14.1 The Above terms & Conditions are subject to the Laws of Northern Ireland and all disputes arising out of the contract shall be subject to the exclusive Jurisdiction of the Courts of Northern Ireland.

14.2 All aspects of the contract formed in respect of your use of our site shall be governed by N.Ireland law and the parties agree to the non-exclusive jurisdiction of the N.Ireland courts.

14.3 Our full legal name is ValueOils.com Ltd. We are a company registered in N.Ireland. - company number is NI072359 and our registered address is c/o 17 Clarendon Rd, Belfast BT1 3BG. Our VAT number is 882042334

15. SUNDRY SERVICES / VARIATION OF PRICE:

15.1 Sundry service levels charges are subject to change at any time, however, such changes will have no impact on existing orders.

15.2 Sundry charges are applicable to all non-standard Delivery options. Such charges are subject to seasonal change by ValueOils.com, however, any changes made will have no impact on pending and existing orders.

15.3 An additional charge is applicable for providing a boiler bleed service at time of delivery in areas where ValueOils.com offers such service. For customers, we may provide a call out service specifically to Bleed your boiler at the applicable charge for which payment will be authorised from your Credit or Debit Card. In the event that ValueOils.com unsuccessfully attempts to bleed a boiler due to the equipment being broken down or lack of oil pressure due to the level of oil in the fuel line, the charge will still be applied. ValueOils.com allocated maximum amount of time allocated for the boiler bleed procedure is 15 minutes.

15.4 ValueOils.com reserves the right to charge a "returns to depot" fee of up to £75.00 where the quantity delivered to the delivery address is less than 50% of the quantity ordered through no fault of ValueOils.com.

16 WARRANTY:
 
16.1 ValueOils.com warrants (subject to the other provisions of these Conditions) that upon delivery the goods will comply with the specification for the Goods.

16.2 ValueOils.com shall not be liable for a breach of the Warranty in condition 12.1 unless:

16.3 The Customer gives written notice of any defect to ValueOils.com within 3 working days of delivery; and

16.4 ValueOils.com is given a reasonable opportunity of examining the Goods and the Customer (if asked to do so) returned the goods to the suppling depot at the Customer's expense for the examination to take place there.

16.5 The Customer makes any further use of the Goods or part of the goods after giving notice of any defect; or

16.6 The defect arises because the Customer failed to follow the ValueOils.com instruction as to the storage or use of the Goods; or

16.7 The Customer alters the Goods without the written consent of ValueOils.com.

16.8 If the Goods do not conform with the warranty in condition 16.1 ValueOils.com shall at its option replace such Goods (or the defective part) or refund the price of such Goods at the pro rata contract rate and shall have no further liability for breach of the warranty in condition 16.1 in respect of such Goods.

17. GENERAL:
 
17.1 The Customer shall not assign the Contract or any part of it without the prior written consent of ValueOils.com.

17.2 ValueOils.com shall be entitled to assign the Contract or any part of it to any person, firm or company.

17.3 The Customer shall not use ValueOils.com's name, logo or other intellectual property rights in advertising or publicity without ValueOils.com's prior written consent.
 
17.4 If any provision of the contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal invalid, void, void able, unenforceability or unreasonableness be deemed sever able and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

17.5 Failure or delay by ValueOils.com in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.

17.6 Any waiver by ValueOils.com of any breach of, or any default under, any provision of the Contract by the Customer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.

17.7 Any notice required or permitted to be given by either party to the other under these Condition shall be by eMail addressed to that other party at its principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.

17.8 Nothing in these Conditions confers on any third party any benefit or any right to enforce any of these Conditions except that a person who is the permitted successor to or assignee of the rights of a party is deemed to be a party to the Contract.