WWW.FUELFIGHTER.CO.UK – TERMS OF WEBSITE USE
INFORMATION ABOUT US
www.fuelfighter.co.uk is a site operated by WCF Ltd. (“WCF” or “we”). WCF is registered in England and Wales under company number 2263148 and has its registered office and main trading address at Crawhall, Brampton, Cumbria CA8 1TN. Our group VAT number is 442 8145 56.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
Use of our site is restricted to UK residents aged 18 or over.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Our site is designed to allow you to obtain quotes for the supply of fuel (kerosene, gasoil or diesel), and places orders for the supply of fuel. Depending on where you live a different supplier may provide a quote for the supply of fuel.
WCF can arrange delivery to a selected range of geographical locations in Great Britain. We do not have full geographic coverage of Great Britain. Our quotation process will determine whether we can arrange for delivery of fuel to your location.
Contracts for the supply of fuel formed through our site are governed by the following terms and conditions of supply numbered 1 to 13. This contract will be formed between yourself and the supplier that is identified during the order process (the “Nominated Supplier”) and you will be notified of who the Nominated Supplier will be prior to placing your order:
1. Your Status
By placing an order through the www.fuelfighter.co.uk website (“Website”), you warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old; and
- you are resident in the UK.
2. How the contract is formed between you and the Nominated Supplier
To order fuel on the Website you enter your desired type of fuel, quantity of fuel in litres (minimum 500 litres) and your postcode, and the Website will provide you with one or more quotes for the delivery of that fuel to your premises. If the quote is acceptable, you can submit an order to purchase that fuel from the Nominated Supplier. There is no obligation for you to accept the quotation supplied.
By placing an order on the Website, you are submitting an offer to the Nominated Supplier to buy fuel. All orders are subject to acceptance by the Nominated Supplier (which may be withheld for any reason in their absolute discretion). If the Nominated Supplier accepts your offer, WCF will confirm such acceptance on behalf of the Nominated Supplier by sending you an email confirmation that confirms that the Nominated Supplier agrees to supply you with fuel. The contract between you and the Nominated Supplier (“Contract”) will only be formed when WCF send that email confirmation, and will consist of the email confirmation and these terms and conditions. If for any reason, after the contract has been formed, the Nominated Supplier is unable to supply the fuel to you, we will notify you of this within 48 hours of sending that email confirmation and you will be provided with a full refund.
The Contract will relate only to the fuel that the Nominated Supplier has agreed to supply in the email confirmation. The Nominated Supplier will not be obliged to supply any other fuel unless they have agreed to do so in another email confirmation.
All Contracts will be in English. It is recommended that you print a copy of these terms and conditions along with the email confirmation as evidence of the Contract that you have entered into with the Nominated Supplier for the supply of fuel. WCF will retain a copy of each email confirmation sent to you for the supply of fuel, which can be provided to you on request by contacting WCF at email@example.com.
3. Cancelling or amending an order; Queries relating to an order
If you need to cancel or amend your order, you should contact WCF via email at firstname.lastname@example.org as soon as possible. You may cancel an order provided you do so before 12pm on the last working day (excluding weekends or bank holidays in England and Wales) prior to delivery. If you do so cancel, WCF shall refund to you the amount paid for the fuel subject to deduction of certain fees which vary depending on when you cancel as follows. If you cancel before 12pm on the day before the last working day prior to delivery, WCF will deduct an administrative fee of £10. If you cancel after 12pm on the day before the last working day prior to delivery but before 12pm on the last working day prior to delivery, WCF will deduct an administrative fee of £25. You will have no right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Should you have any queries relating to your order you should contact WCF via email at email@example.com. WCF will pass on your queries to the Nominated Supplier, but the Nominated Supplier makes no guarantee that they will be able to respond or resolve your queries prior to delivery of the fuel.
4. Risk and title
The fuel will be at your risk from the time it is delivered to you (i.e. at the point when the fuel leaves the Nominated Supplier’s vehicle or container).
Ownership of the fuel will only pass to you when the Nominated Supplier receives full payment of the amount owing for the supply of the fuel (including applicable taxes).
5. Price and payment
The price for fuel will be as quoted to you from time to time, except in cases of obvious error, and will be based on your location and requested day for delivery. Where the Nominated Supplier is unable to specify a price at the time of order you will be advised accordingly and contacted prior to delivery with the applicable price. If this price is not acceptable to you, you will be given the opportunity to cancel the order without charge.
In the event of an error which results in an incorrect price being quoted to you, each of you and the Nominated Supplier will be entitled to cancel the order and give you the opportunity to receive an immediate refund or place an alternative order at the correct price.
The total price that the Nominated Supplier quotes to you for fuel will be calculated on a pence per litre basis and includes all delivery costs, taxes and duties payable. However the price excludes VAT in accordance with industry standards. In the event that the Nominated Supplier cannot deliver the fuel, due to you failing to comply with these terms, the Nominated Supplier reserves the right to charge an additional fee for rearranging delivery of the fuel and for storing the fuel prior to redelivery.
Prices for fuel are liable to change at any time, but changes will not affect orders which WCF have accepted on behalf of the Nominated Supplier by sending an email confirmation.
Payment for fuel must be by credit or debit card at the time of placing your order. Payment will be accepted by Mastercard, Visa or Maestro.
Orders for fuel will not be processed until payment for the fuel is received in full.
Delivery of the fuel will be made to the address you provide at the time of placing an order on the Website. Delivery shall be made in the place or places and manner stipulated by anyone at the delivery address who purports to represent you for that purpose. If there is no such person at the address at the time of delivery, the Nominated Supplier’s driver may deliver in the place or places and manner that he considers correct or treat the delivery as abortive.
The Nominated Supplier will endeavour to deliver the ordered fuel within the timeframe stated on the email confirmation but will not be obliged to deliver the fuel on a specific day or time. However the Nominated Supplier will not be liable for any failure to deliver or late delivery caused by circumstances beyond their reasonable control, including without limitation strikes, lockouts, fuel shortages at wholesale suppliers, breakdowns, poor weather conditions, fire, explosion, floods or other acts of God, riot, accidents, disruption to energy supplies, civil commotion or unrest, industrial action, sabotage, acts of terrorism or war, road traffic problems, or compliance with any law or governmental order, rule, regulation or direction.If any of these events should occur, the Nominated Supplier will endeavour to provide you with a revised date for delivery as soon as possible.
You agree to provide adequate access for the Nominated Supplier’s delivery vehicle at the delivery address and shall otherwise make such arrangements as are necessary to render safe delivery in accordance with the relevant statutory requirements, including all applicable statutes, regulations and codes of practice relating to health and safety, including (without limitation) poorly sited tanks, leaking tanks, inadequate vehicle or other access, offset fills or the requirement to take a delivery hose through parts of buildings. You agree that there will be no smoking or naked lights, stoves, electric or gas fires or radiators in the vicinity of the place of delivery.
In the event you fail to comply with any of the above requirements relating to delivery of the fuel, the Nominated Supplier will be entitled at their option to abort the delivery and either cancel the order and direct WCF to provide a refund (minus, at the discretion of the Nominated Supplier, an administrative fee of £25), or arrange for redelivery at another time.
You agree to provide sufficient capacity in an appropriate container to receive all the fuel you have ordered. In the event that your container has insufficient capacity to receive all the fuel you have ordered, the Nominated Supplier will dispense the maximum amount that can be supplied into the container and direct WCF to provide a refund for the excess fuel which is based on the difference between the amount originally charged for the fuel minus the price payable for the quantity of fuel actually supplied (which may be calculated using a higher pence per litre rate given the smaller quantity) and (at the discretion of the Nominated Supplier) WCF may charge an administrative fee of £25.
When delivering the fuel the driver will check the quantity of fuel delivered using the Nominated Supplier’s equipment provided for that purpose and make a note of that quantity on the delivery note provided to you. If you or your representative wishes to query the quantity of fuel and/or the accuracy of the measuring equipment you must do so at the time of delivery and if you or your representative considers that the wrong quantity has been delivered you should notify the driver and make a clear note on the delivery note. If you fail to do so, or if delivery is unsupervised by you or a representative, the driver’s note will be conclusive evidence as to the quantity of fuel delivered. If your complaint relates to the accuracy of the measuring equipment, the Nominated Supplier shall have the right to have that equipment checked by the appropriate trading standards officer at the earliest practicable opportunity and, if such equipment is then proved accurate, it will be conclusively deemed to have been accurate at the time of the delivery (and the Nominated Supplier reserves the right to arrange for WCF to charge a £25 fee to cover the costs of arranging for the measuring equipment to be checked). In measuring quantities of fuel, the driver shall be entitled to make an allowance for any quantities already in the delivery pipe of the vehicle which has passed the measuring gauge before delivery commences.
Subject to the previous provisions of this paragraph, in the event that the Nominated Supplier is shown to have delivered less fuel than was ordered, the Nominated Supplier will arrange for WCF to provide a refund for the fuel that was not delivered, which will be based on the difference between the amount originally charged for the fuel minus the price payable for the quantity of fuel actually supplied.
The Nominated Supplier warrants to you that any fuel purchased from them through the Website will, on delivery conform to the description in the email confirmation, be of satisfactory quality, and be reasonably fit for all the purposes for which fuel of that kind is commonly supplied. In the event that any fuel supplied is defective or does not conform to the description in the email confirmation, the Nominated Supplier will (at their option) replace free of charge or direct WCF to refund or credit you for the amount paid for that fuel provided that:
o you inform the Nominated Supplier of the alleged defect as soon as reasonably possible after you become aware of it; and
o you keep the fuel in the same state and condition as and when the defect was discovered until it has been inspected by the Nominated Supplier.
In the event you fail to comply with either of the above two bullet points, the Nominated Supplier shall have no obligation to replace, refund or credit you for the fuel.
In no case will the Nominated Supplier replace, refund or credit you for any fuel you have used.
8. Nominated Supplier’s liability
(a) If you are a consumer, you have legal rights in relation to any goods that are faulty or not as described. We are under a legal duty to supply goods that are in conformity with the Contract. Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards office. Nothing in these terms and conditions will affect these legal rights.
(b) Except where you are a consumer, subject to paragraphs 8(c) and 8(d) below, if the Nominated Supplier fails to comply with these terms and conditions, they shall only be liable to you for any losses that you suffer as a result of such failure to comply which are a direct and foreseeable consequence of such failure, and which in any event shall be no more than £5,000 in aggregate.
(c) Except where you are a consumer, subject to paragraph 8(d) below, the Nominated Supplier will not be liable for losses that result from their failure to comply with these terms and conditions that fall into the following categories:
§ loss of income or revenue;
§ loss of business;
§ loss of profits;
§ loss of anticipated savings;
§ loss of data; or
§ waste of management or office time.
However, this paragraph 8(c) will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by the bullet points above.
(d) Nothing in these terms and conditions excludes or limits the Nominated Supplier’s liability for:
§ death or personal injury caused by the Nominated Supplier’s negligence;
§ fraud or fraudulent misrepresentation;
§ any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
§ defective products under the Consumer Protection Act 1987; or
§ any other matter for which the Nominated Supplier is not permitted by law to exclude or attempt to exclude liability.
(e) The Nominated Supplier shall not be responsible to check that your container is suitable for reception of the fuel or complies with statutory requirements (provided that if the Nominated Supplier is aware of such matter at the time of delivery they may refuse to deliver the fuel). You agree to indemnify the Nominated Supplier for any costs, claims, demands or actions raised against them by reason of any such matter.
(f) Except if you are a consumer, you agree to indemnify the Nominated Supplier for any costs, claims, demands or actions raised against them in relation to environmental damage arising as a result of a breach of these terms and conditions by you or any act or omission on your part.
All notices given by you to the Nominated Supplier must be given to the address specified in the email confirmation for the Nominated Supplier. The Nominated Supplier may give notice to you at the postal address you provide when placing an order. Notice will be deemed received and properly served three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove that such letter was properly addressed, stamped and placed in the post.
If the Nominated Supplier fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if they fail to exercise any of the rights or remedies to which they are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by the Nominated Supplier of any default will not constitute a waiver of any subsequent default.
No waiver by the Nominated Supplier of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the notice requirements specified above.
If any of these terms and conditions is 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 and conditions which will continue to be valid to the fullest extent permitted by law.
12. Entire Agreement
The Contract constitutes the whole agreement between you and the Nominated Supplier and supersedes all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between the parties relating to the supply of fuel to you by the Nominated Supplier.
Each party acknowledges that, in entering into the Contract, neither relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions. Nothing in this paragraph limits or excludes any liability for fraud.
13. Law and jurisdiction
Contracts for the supply of fuel through the Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
o all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
o any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
§ loss of income or revenue;
§ loss of business;
§ loss of profits or contracts;
§ loss of anticipated savings;
§ loss of data;
§ loss of goodwill;
§ wasted management or office time; and
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
o This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.