STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS OF dieseldye.com (Fuel Theft Solutions Ltd)
In this document the following words shall have the following meanings:
1.1 “Buyer” means the person who buys Goods from the Seller;
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.4 “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.4 “Seller” means Fuel Fuel Theft Solutions Ltd , P O Box 3691, Newcastle , Staffordshire , ST55 9HE ;
1.5 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller’s current List Price/on the Seller’s website/as contained in the Seller’s Quotation (as applicable) at the date of order or as agreed between the parties. The price is inclusive of VAT and inclusive of any delivery charges.
3.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
4.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller’s premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered within 30 days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6 CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 days of delivery if the Goods are damaged or do not comply with any of the Contract.
6.2 Where a claim of defect or damage is made then it shall be the responsibility of the Seller to collect faulty Goods if the items are large, otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.
6.3 Goods to be returned must clearly show the order number obtained from the Seller on the package.
6.4 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
6.5 Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 7 working days of receipt of the Goods. Goods must be returned at the Buyer’s cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation.
In addition to the Buyer’s statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of 12 months from the date of delivery.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
At Fuel Theft Solutions Ltd we are committed to protecting your privacy, this means we only use the information we collect about you in order to process your order quickly and efficiently and to tell you about our services. We are committed to protecting your privacy and keeping all personal details confidential.
This privacy statement sets out how we comply with European Union data protection requirements. This applies to the entire Website. Any changes to this policy will be posted on this page.
You can also access this policy via our homepage and from the bottom of every page by clicking on the appropriate link.
Other web sites
Our Website may contain links to enable you to visit other web sites of interest easily. However, once you have used these links to leave our site you should note that we do not have any control over that other web site. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the web site in question.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect on line. We use encryption when collecting or transferring sensitive data such as credit card information.
What we collect and why
When you purchase from Fuel Theft Solutions Ltd or enter into any other transaction with or via Fuel Theft Solutions Ltd we need to know your name and mailing address and credit or debit card number and expiry date, and if possible your e-mail address and telephone number, together with any other information that we need to process your transaction.
If you make an enquiry or join our register with Fuel Theft Solutions Ltd, we collect your name, telephone number and e-mail address, other information can be taken about your preferences for our mailing list but this is optional at the clients discretion.
We require this information to understand your needs and provide you with the service you have requested. We use this to advise you of information concerning your purchase or other transaction, enquiry or to advise you of new products, and promotions, special offers or other information which we think will be of interest to you. We may use aspects of information about you to assist with our marketing and promotional developments in order to improve and extend our product range, enhancing the quality and service we provide to our customers. Our aim is to provide you with the highest standard of service and increase our customers choices whereever possible.
We may also use this information for our Internal record keeping, and our representatives may follow up, either by e-mail, phone or mail, as part of our customer care procedures.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by e-mail, phone or mail, unless you have registered with the appropriate Preference Service.
Who else do we give your details to?
We will never wilfully disclose personal information about you to any third party without receiving your permission.
We may have to pass on certain details to a company or organisation in order that your product can be provided. For example, a manufacturer or courier. When you enter into a transaction this means you consent to our passing on such details.
We may be required to provide information by law as permitted by the Data Protection Act or by a legal authority recognised by the European Union.
We will not sell, distribute or lease your personal information to third parties other than our subsidiaries and parent company unless we have your permission or are required by law. We may release your personal information to our authorised direct marketing agents unless you tell us that you do not wish this to happen.
If you have not previously objected to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or e-mailing us at:
Data Protection Compliance Officer
Fuel Theft Solutions Ltd , P O Box 3691, Newcastle , Staffordshire , ST55 9HE
What if you think we have incorrect information or you would like a copy of the information we hold about you?
You may request details of personal information which we hold about you.. A small fee will be payable. This fee will not exceed £10. If you would like a copy of the information held on you please write to:
Fuel Theft Solutions Ltd , P O Box 3691, Newcastle , Staffordshire , ST55 9HE
If you believe that any information we are holding on you is incorrect or incomplete, please write or e-mail us as soon as possible to the above address. We will correct any information which was found to be incorrect promptly.
“Cookies” – What are they? How do we use them?
Many websites use “cookies” to help to improve the service provided on the website.
“Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. We use “cookies” only to gather statistics – such as, how long our users browse on each section of our website. This information enables us to better design areas of our website. Other than this, we do not store information in the cookie and use it for any other purpose, or pass on personal data to any other parties.
With most internet browsers (for example Microsoft Internet Explorer or Netscape Navigator) you can erase cookies from your hard drive, block all or some cookies or receive a warning before a cookie is stored. Please refer to your browser’s help screen to learn more about these functions. Denial of a traffic log cookie should not prevent you from using one of these sites. You can delete the files that contain cookies that you have already accepted from your hard drive.
Registered Office: FUEL THEFT SOLUTIONS LIMITED,164 Northwood Lane, Newcastle, Staffordshire, England, ST5 4BZ
Registered in England
Company No. 06588837