This agreement applies as between you, the User of this Web Site or Purchaser and Hall Bros (Fuels) Limited, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings.
Means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site.
Means any third party responsible for transporting purchased Goods from our Premises to customers.
Means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site.
Means any products that Hall Bros (Fuels) Limited advertises and / or makes available for sale through this Web Site.
Hall Bros (Fuels) Limited
Means Hall Bros (Fuels) Limited, Trading Address: Lancaster Road, Carnaby Industrial Estate, Bridlington, United Kingdom YO15 3QY. Registered Office: Medina House, 2 Station Avenue, Bridlington, United Kingdom YO16 4LZ.
Means collectively any online facilities, tools, services or information that Hall Bros (Fuels) Limited makes available through the Web Site either now or in the future.
Means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes.
Means any person or business that buys Goods from Hall Bros (Fuels) Limited from this Web Site.
Means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form.
Means our place(s) of business located at Hall Bros (Fuels) Limited, Lancaster Road, Carnaby Industrial Estate, Bridlington, United Kingdom, YO15 3QY.
Means any online communications infrastructure that Hall Bros (Fuels) Limited makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links.
User / Users
Means any third party that accesses the Web Site and is not employed by Hall Bros (Fuels) Limited and acting in the course of their employment.
Means the website that you are currently using (http://www.hbfuels.co.uk) and any sub-domains of this site (e.g. subdomain http://www.hbfuels.co.uk/about) unless expressly excluded by their own terms and conditions.
2. Business Customers
These Terms and Conditions apply to business customers only. If you are a non-business customer please refer to our non-business customer terms and conditions which are located at http://www.hbfuels.co.uk/terms-and-conditions/nonbusiness/
3. Intellectual Property
3.1 Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Hall Bros (Fuels) Limited, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
3.2 Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Hall Bros (Fuels) Limited.
4. Third Party Intellectual Property
4.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
4.2 Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
5. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
6. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Hall Bros (Fuels) Limited or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
7. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site (http://www.hbfuels.co.uk) without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Hall Bros (Fuels) Limited To find out more please contact us by email at [email protected].uk.
8. Use of Communications Facilities
8.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules.
8.1.1 Obscene or vulgar language must not be used.
8.1.2 Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist.
8.1.3 Content that is intended to promote or incite violence must not be submitted.
8.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages.
8.1.6 Users must not impersonate other people, particularly employees and representatives of Hall Bros (Fuels) Limited or our affiliates.
8.1.7 Our System must not be used for unauthorised mass-communication such as spam or junk mail.
8.2 You acknowledge that Hall Bros (Fuels) Limited reserves the right to monitor any and all communications made to us or using our System.
9.1 In order to purchase Goods on this Web Site Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Web Site as we may not require payment information until a purchase is to be made. By continuing to use this Web Site you represent and warrant that.
9.1.1 All information you submit is accurate and truthful.
9.1.2 If you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required.
9.1.3 You will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
9.2 It is recommended that you do not share your Account details, particularly your username and password. Hall Bros (Fuels) Limited accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
9.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Hall Bros (Fuels) Limited immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Hall Bros (Fuels) Limited accepts no liability or responsibility.
9.4 When choosing a username Users are required to adhere to the terms set out above in Clause 8.Any failure to do so could result in the suspension and/or deletion of your Account.
10. Termination and Cancellation
10.1 Either Hall Bros (Fuels) Limited or a User may terminate an Account. If Hall Bros (Fuels) Limited terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
10.2 If Hall Bros (Fuels) Limited terminates an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
10.3 Hall Bros (Fuels) Limited reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
10.4 If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.
10.5 If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.
You will be required to pay for any goods ordered through the website prior to their dispatch.
12. Goods, Pricing and Availability
12.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Hall Bros (Fuels) Limited correspond to the actual Goods, Hall Bros (Fuels) Limited is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
12.2 Information about the goods offered for sale on the site can be found in the Products section (http://www.hbfuels.co.uk/products).
12.3 Where appropriate, you may be required to select the required quantity or type of the Goods that you are purchasing.
12.4 Hall Bros (Fuels) Limited does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site.
12.5 By placing an order for a specified quantity of goods you are confirming that you can provide adequate and suitable storage facilities for the full quantity of those goods at the delivery address nominated in your order.
12.6 All pricing information on the Web Site is correct at the time of going online. Hall Bros (Fuels) Limited reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
12.7 The price quoted for goods is based on the product type, the quantity, the type of delivery vehicle and the preferred date of delivery that are entered into the quote request form on the site. The quoted price applies exclusively to the exact combination of product type, quantity, type of delivery vehicle and preferred delivery date that is entered into the quote request form and the exact point in time at which this information is entered.
12.8 Prices quoted through the quote enquiry form are inclusive of delivery by a tanker not deemed to be especially small to an address within the following United Kingdom post codes: HU1, HU2, HU3, HU4, HU5, HU6, HU7, HU8, HU9, HU10, HU11, HU12, HU13, HU14, HU15, HU16, HU17, HU18, HU19, HU20, YO1, YO8, YO10, YO11, YO12, YO13, YO14, YO15, YO16, YO17, YO18, YO19, YO23, YO24, YO25, YO26, YO30, YO31, YO32, YO41, YO42, YO43, YO51, YO60, YO61, YO62, LS24, DN14.
12.9 In the event that prices are changed during the period between an order being placed for Goods and Hall Bros (Fuels) Limited processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.
12.10 All orders are subject to VAT at the appropriate rate. Hall Bros (Fuels) Limited’s VAT Number 847 2362 16.
12.11 The rate of VAT on fuel oil products is determined by the quantity ordered and also the type of use that the goods will be put to. When you place an order you are required to specify a required quantity and declare the type of use that the goods will be put to.
12.12 You are responsible for making a truthful declaration of the type of use that the goods will be put to. By placing an order you confirm that the type of use declared within the order is truthful and accurate.
12.13 If the quantity delivered by Hall Bros (Fuels) Limited varies from the quantity that you ordered, Hall Bros (Fuels) Limited reserves the right to amend the rate of VAT and the amount of VAT that is charged accordingly.
12.14 When placing an order you must nominate an address to which you require the goods delivered. Hall Bros (Fuels) Limited will assume that the nominated delivery address is the main contact address on your account unless expressly notified otherwise prior to our confirmation of the order.
12.15 You will be required to pay for any goods ordered through the website prior to their dispatch.
13. Property, Risk and Account of Profits
13.1 Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by Hall Bros (Fuels) Limited. Title remains with Hall Bros (Fuels) Limited until payment is complete.
13.2 If the Purchaser sells the Goods on to its own customers in any form, either as purchased from Hall Bros (Fuels) Limited or forming a component part of a larger Good, and any amount of the purchase price payable to Hall Bros (Fuels) Limited remains outstanding, the Purchaser must account to Hall Bros (Fuels) Limited for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for Hall Bros (Fuels) Limited until payment has been received in full by Hall Bros (Fuels) Limited.
13.3 Hall Bros (Fuels) Limited reserves the right to trace all proceeds under the principles of Re Halletts Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, Hall Bros (Fuels) Limited has the right to enter the Purchasers premises and remove any Goods which, by virtue of Clause 13.1, remain the property of Hall Bros (Fuels) Limited.
14.1 Hall Bros (Fuels) Limited will notify you by way of email when your goods are to be dispatched to you.
14.2 You must accept that the quantity shown as delivered by the meter on the delivery vehicle is the quantity delivered. You may be represented at the taking of these measurements in order to verify them. The quantity shown as delivered by the meter on the delivery vehicle will be recorded on a delivery ticket for your information.
14.3 If Hall Bros (Fuels) Limited receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the goods in good order and with no problems.
14.4 If the storage facilities at your nominated delivery address are, in the opinion of Hall Bros (Fuels) Limited or our representative on site, insufficient to safely accommodate the quantity ordered the quantity that is delivered will be amended accordingly.
14.5 In a situation such as that described in clause 14.4, where the quantity delivered is less than the quantity ordered Hall Bros (Fuels) Limited reserves the right to increase the unit price charged for the goods.
14.6 In the event that delivery cannot be made for a reason that is deemed by Hall Bros (Fuels) Limited to be the fault of the customer, Hall Bros (Fuels) Limited reserves the right to charge the customer a fee of 40 pounds including VAT. Reasons for this charge being made may include but are not limited to the delivery vehicle or delivery person being unable to gain access to the storage facility and/or to the nominated delivery address, insufficient storage capacity, unsuitable or defective storage tank, loose dog at the nominated delivery address, unclear marking on storage tank where a choice of tanks exists, conflicting markings on storage tank (e.g. tank marked up as gas oil storage but product ordered is kerosene), incorrect delivery address supplied by customer.
14.7 Hall Bros (Fuels) Limited reserves the right to refuse delivery of goods where it is deemed by Hall Bros (Fuels) Limited or a representative of the company to be unsafe to make a delivery.
14.8 Subject to the provisions of clauses 12.13, 14.5 and 14.6 you will be entitled to a refund of monies paid for goods that are not delivered. Any monies due under the provisions of clauses 12.13, 14.5 and 14.6 will be subtracted from the amount to be refunded.
14.9 Hall Bros (Fuels) Limited reserves the right to appoint a third party to make deliveries on its behalf.
15. Returns Policy
Hall Bros (Fuels) Limited aims to always provide high quality Goods that are fault free. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
15.1 If you receive Goods which do not match those that you ordered you should contact us within 7 days to arrange collection and return. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
15.2 If any Goods you have purchased have faults when they are delivered to you, you should contact Hall Bros (Fuels) Limited within 14 days to arrange collection and return. In the event that goods are found to be faulty Hall Bros (Fuels) Limited is responsible for paying shipment costs. Goods must be returned in their original condition. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.3 If you wish to return Goods to Hall Bros (Fuels) Limited for any of the above reasons, please contact us using the details on http://www.hbfuels.co.uk/contact to make the appropriate arrangements.
15.4 Hall Bros (Fuels) Limited reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to.
15.4.1 Any use or enjoyment that you may have already had out of the Goods.
15.4.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly.
15.4.3 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
17.1 Hall Bros (Fuels) Limited makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
17.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
18. Changes to the Service and these Terms and Conditions
Hall Bros (Fuels) Limited reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Web Site is used by them following the changes. If Hall Bros (Fuels) Limited is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.
19. Availability of the Web Site
The Service is provided as is and on an as available basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Hall Bros (Fuels) Limited accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
20.1 To the maximum extent permitted by law, Hall Bros (Fuels) Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
20.2 Nothing in these Terms and Conditions excludes or restricts Hall Bros (Fuels) Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of Hall Bros (Fuels) Limited.
20.3 Nothing in these Terms and Conditions excludes or restricts Hall Bros (Fuels) Limited’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
20.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Notices and Complaints
All notices, communications and complaints shall be given to us either by post to our Premises (see address above) or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full within office hours on a business day and the next business day if the email is sent on a weekend or public holiday.
24. Law and Jurisdiction
These terms and conditions and the relationship between you and Hall Bros (Fuels) Limited shall be governed by and construed in accordance with the Law of England and Wales and Hall Bros (Fuels) Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.