J Gas Terms & Conditions
The information below (together with the documents referred to in it) tells you the terms and conditions on which we supply any of the products (including gas and other goods) (“Products”) listed on our website www.johnstonfuels.co.uk (“our site”) to you.
Please read these terms and conditions carefully before ordering any Products from our site as they affect your rights and liabilities under the law and set out the terms under which we make the Products available to you.
By ordering any of our Products, you agree to be bound by these terms and conditions.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
These terms and conditions, and any Contract between us, are only in the English language.
» 1. INFORMATION ABOUT US
(a) www.johnstonfuels.co.uk is a site operated by J Gas Limited (“J Gas/us/we”). We are registered in Scotland under company number SC 274899 and with our registered office at Standhill, Bathgate, West Lothian, EH48 2HR.
(b) Your use of our site and orders placed by the site are subject to:
- our General terms and conditions of website use.
- these shop terms and conditions;
- if you are using a J Gas online account then any applicable supply agreement provided to you via the J Gas online account.
1.2 J Gas is a member of the UKLPG, which is the national body for the LPG industry in the UK. Its website is at www.uklpg.org
» 2. YOUR STATUS
2.1 By placing an order through our site, you confirm and agree that:
(a) you are legally capable of entering into binding contracts (and if you are a business user, you confirm that you have the authority to bind any business on whose behalf you use our site to order Products);
(b) you are at least 18 years old;
(c) you are resident in mainland Great Britain, or are ordering to a location within mainland Great Britain; and
2.2 The Gas Safety (Installation and Use) Regulations 1998 require that any person carrying out any work in relation to a gas fitting must be competent to do so, and in most cases be Gas Safe* registered. Certain like-for-like hose/regulator replacement activities do not require Gas Safe registration provided the person undertaking the work is competent, and it is undertaken in accordance with the manufacturer's instructions. J Gas recommends that all gas work is undertaken by an LPG qualified Gas Safe registered installer. For further guidance, and a list of suitable Gas Safe registered installers in your area, please contact Gas Safe on 0800 408 5500.
*“The Gas Safe Register” trademark replaced CORGI gas registration in Great Britain on 1st April 2009. It is the official industry stamp for gas safety.
» 3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 Your order is an offer to buy from us. When you are placing an order, the following steps have to take place before a contract for the sale of Products (“Contract”) is made between us in relation to your order:
(a) browse our site and add any items that you wish to buy to the shopping cart by clicking ‘Add to basket’. After you have finished your selection, click on ‘Checkout’. You will be asked to complete your personal details, delivery details and method of payment (or if you already have an account with us, you will be asked to sign into your account);
(b) you place your order for your Product be pressing the “Pay Now” button at the end of the checkout process and submitting your payment details to us;
(c) before placing your order, the checkout process will give you the opportunity to review and, if necessary, to change your selection of Products and/or correct any errors in your order information. Please take the time to read and check your order at each page of the order process;
(d) before placing your order, you will be asked to click to confirm that you accept our terms and conditions. If you do not wish to be bound by what you read you should not place any orders through our site;
(e) once you have submitted your order details, you will see an on screen acknowledgement and you will receive an automatic e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraph 4.1(f); and
(f) unless we contact you to notify that we do not accept your order, your order will be accepted by us when we despatch the Products to you. In addition to the rights set out in paragraph 6 below, you can cancel your order at any time before despatch (at no cost to you). You can log into your account and view orders placed at any time.
3.2 We take payment from your card when we process your order and have checked your card details.
» 4. CANCELLATION OF A CONTRACT (IF YOU ARE A CONSUMER)
4.1 We believe you’ll be delighted with your purchase, but if you are a consumer and have purchased Product(s) online, you have rights under various legislation to cancel the Contract (including under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Sale of Goods Act 1979 (or from 1 October 2015, the Consumer Rights Act 2015). We have set these rights out below for convenience. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards Office.
You have a right to cancel a Contract for any reason within 14 days
4.2 You have a right to cancel a Contract for any reason, including if you change your mind, until 23:59 on the 14th (fourteenth) day after the day on which you (or the person you have identified to take delivery of the Products) takes physical possession of the Product.
However, if you have ordered:
(a) a regular delivery of Products over a defined period (if applicable), your legal right to cancel will end at 23:59 on the 14th (fourteenth) day after the day on which we complete the delivery of the first of those Products.
4.3 You can tell us that you wish to cancel the Contract in the period set out in paragraph 4.2 by:
(a) sending us an e-mail to firstname.lastname@example.org;
(b) calling us on 0345 450 3121; or
You have the right to cancel a Contract if the Product(s) are faulty or not as described
4.4 If the Products are not of satisfactory quality, fit for purpose (i.e. fit for the purpose forwhich it was intended to be used or a purpose made known to us in writing) or are not as described, you may either:
(a) reject the Products and claim a refund – you have a “short term” right to reject the Product(s) and claim a refund within 30 days of delivery (see paragraph 7.1(a)); or
(b) request a repair or replacement of the Product(s)– if you request a repair or replacement, we will carry out the repair or replacement at no extra cost, within a reasonable time and without significant inconvenience to you. If you request a repair or replacement within 30 days of delivery, you have the remainder of the 30 day period (or 7 days if longer) to check whether the repair or replacement has been successful and to decide whether to reject the Products and claim a refund (see paragraph 7.1(a)). Please note that in some circumstances it may not be possible to offer a repair or replacement.
4.5 If you request a repair or replacement as set out in paragraph 6.4(b), and we do not do this properly, you may either:
(a) keep the Product(s) and claim a price reduction - please note that if you have had the Product(s) for more than 6 months, we may deduct a reasonable amount from the amount owed to you; or
(b) reject the Product(s) and claim a refund – you then have a “final right” to reject the Product(s) and claim a refund (see paragraph 7.1(b) below).
4.6 The rights above do not affect your right to claim compensation for any losses you may have suffered as a result of the faulty Product(s).
4.7 Please note that we do not accept returns or provide refunds if a fault arises from fair wear and tear, wilful or accidental damage, negligence by you or a third party, abnormal or inappropriate storage or working conditions, failure to operate or use the Product(s) in accordance with the user instructions or unauthorised misuse or alteration of the Product(s) by you or a third party. Under no circumstances will we accept returns or provide refunds more than 6 years after the date of delivery.
» 5. OUR RETURNS AND REFUNDS POLICY (IF YOU ARE A CONSUMER)
Returns and collection
5.1 If you cancel a Contract for any reason, or reject the Product(s) for being faulty, we will collect the Product(s) from you for free. We will telephone you (using the number you included in your order) to confirm certain details in order to arrange the collection. For small, low-value items, we may decide not to collect the Product, and will instead send you a pre-paid, padded envelope, which you can use to post the Product back to us. You will need to send the Product(s) back to us without undue delay and in any event not later than 14 days after the day on which you have given notice of your cancellation.
5.2 If you cancel a Contract, all ancillary contracts you have entered into associated with the cancelled Products will be automatically cancelled
5.4 We will make any refund due to you using the same method originally used by you to pay for your purchase. You will not incur any fees as a result of the reimbursement.
If you cancel the Contract within 14 days for any reason
5.5 If you cancel the Contract within 14 days for any reason (see paragraph 4.2), we will process the refund due to you as soon as possible and, in any case:
(a) if we have collected the Product(s) from you, no later than 14 days after the day on which you have given notice of your cancellation; and
(b) if we ask you to post the Product(s) back to us using the pre-paid envelope, no later than 14 days of us receiving either the Products or proof that they have been returned (whichever is the sooner).
5.6 We will refund the price that you paid for the Product in full, including any costs of standard delivery (if you have selected a different delivery option, we will only refund up to the amount of our usual standard delivery costs). You should take reasonable care of the Product(s) while they are in your possession as we have the right to make a deduction from any refund due to you if the Product(s) are not returned in a reasonable condition. In particular, we reserve the right to deduct a sum from the refund of the price for the Product(s) to reflect the reduced value of the Product(s) if the Product(s) have been handled more than is necessary (i.e. in a way which would not be permitted in a shop).
If the Product is faulty or defective
5.7 If the Product is faulty or defective, you should contact us by sending us an email to email@example.com or by telephone on 0345 450 3121. If you contact us by email, our first action will be to call you on the phone number in your order to discuss the issue with you. We will examine the returned Product(s) and notify you within a reasonable time by telephone if you are entitled to a refund. We will process the refund for defective or faulty Product(s) as soon as possible and in any event within 14 days of us agreeing that you are entitled to a refund.
5.8 If you exercise your “short term” right to reject the Product(s) within 30 days of delivery (see paragraph 6.4), we will refund to you the full price of the Product(s) including any delivery changes. We may ask you for evidence that the defect was there at the time of delivery or further information about the defect.
5.9 If you exercise your “final right” to a refund (having requested a repair or replacement and this having been unsuccessful – see paragraph 6.5(b)):
(a) within 6 months of the date of delivery - we will refund to you the full price of the Product(s) including any delivery charges. In such circumstances we will assume the fault was there as at the time of delivery unless it is obvious that this is not the case; or
(b) after 6 months from the date of delivery - we will refund to you the price of the Product(s) but this may be reduced to take into account any use you have had from the Product(s). In such circumstances we may require you to prove that the defect was there at the time of delivery.
» 6. AVAILABILITY AND DELIVERY
6.1 Products are subject to availability. In the event that we are unable to supply the Products, for example because that Product is not in stock or no longer available, we will telephone you as soon as possible (and no more than 48 hours following receipt of your order) and we will not process your order. If possible, we will give you the option of continuing with your order with a longer delivery lead time or continuing with part of your order. A full refund will be given where you have already paid for any Product(s) which cannot be suppliedas soon as possible, by the same method in which the payment was originally made.
6.2 Deliveries are restricted to mainland Great Britain. You may place an order for Product(s) from outside mainland Great Britain, but this order must be for delivery to an address in mainland Great Britain.
6.3 Our aim is to deliver the Products to you within the times displayed on the website for the Product. If we cannot deliver the Products within the time shown, we will contact you by either telephone or e-mail to provide you with a revised estimate.
6.4 Time for delivery shall not be of the essence. This shall not affect any rights which you may have as a consumer.
6.5 Delivery will be made to the address specified by you when you place your order. This must be an address within mainland Great Britain. Please note that for safety reasons, deliveries are not made to flats which are above four stories and we do not deliver to basement storeys in any circumstances. Please note that deliveries to flats of up to four stories are only permitted if the flats are of traditional build (to be determined in our reasonable opinion). We may cancel the Contract if the delivery address is to a flat above four stories or is of non-traditional build.
6.6 You must ensure that someone is available to take delivery of the Products (see paragraph 8.4 above about multiple deliveries). You must also ensure that suitable access is available for the purpose of delivery of the Products. If you fail to take delivery of the Products or fail to ensure that suitable access is available for the purpose of their delivery then we will attempt to redeliver the Products at another time.
6.7 It is your responsibility to arrange inspection of the Products immediately upon delivery. You will be required to confirm receipt of the Products by signing a delivery note when taking delivery. However, your inspection of the Products and your confirmation of receipt does not affect any rights you may have if the Products are defective on delivery.
6.9 Any delivery charges will be clearly marked on our site and at the checkout and added to your order.
» 7. RISK AND TITLE
7.1 The Products will be at your risk and responsibility from the time of delivery. Delivery will be completed when we deliver the Products to the address you gave us and you (or a person you have identified) has taken physical possession of the Products.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges.
» 8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered on the system. However, if we discover an error in the price of Product(s) you ordered, please see paragraph 10.5 below.
8.2 Prices on our site include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already despatched the Products.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that:
(a) where a Product's correct price is less than the price stated on our site at the time you placed your order, we will charge the lower amount when dispatching the Product to you.
(b) if a Product’s correct price is higher than the price stated on our site at the time you placed your order, we do not have to provide the Product(s) to you at the incorrect (lower) price as the Contract between us will not yet have been formed. We will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct (higher) price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
8.5 Payment for all Products must be by credit or debit card and in pounds sterling only. We accept payment from all major credit and debit cards providers. When placing an order, you confirm that the form of payment you use to make payment to us is yours and that you have authority to place the order.
8.6 We use Sage Pay to protect your credit or debit card information and ensure your security. We only see the last four digits of your credit/debit card information. When the order is processed it will be encrypted and processed by Sage Pay. Information can be found at www.sagepay.com
» 9. PRODUCT SPECIFICATION
9.1 Sometimes the product specifications from the manufacturer may change, in which case we will contact you to ask for your instructions and ask you if you would like a substitute of the same or better quality at the same price. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
9.2 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
9.3 We are under a legal duty to supply Product(s) which conform to the Contract.
» 10. OUR LIABILITY
10.1 Wherever possible, we will pass on the benefit of any manufacturer’s warranty to you. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products. If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10.2 This paragraph 10.2 only applies if you are a consumer
If you are a consumer, we are responsible for losses you suffer as a result of us breaching these terms and conditions or for our negligence if the losses are a foreseeable consequence of our breach or negligence. Losses are foreseeable where they could be contemplated by you and us at the time we entered into the Contract. We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
If you are a consumer, nothing in these terms and conditions excludes or limits in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) for defective products under the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation;
(d) for breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(e) for breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(f) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Where you are contracting as a consumer, no provision of these terms and conditions will affect your statutory rights.
10.3 This paragraph 10.3 only applies if you are a business user
If you are a business user, we only supply the Products for internal use by your business and you agree not to use the Product for any resale purposes. Subject to the provisions in the below paragraph, if you are a business user, we shall not be liable to you in connection with any Contract for any:
(a) loss of income;
(b) loss of revenue;
(c) loss of profit;
(d) loss of data;
(e) loss of opportunity;
(f) loss of contracts;
(g) damages arising from any breach of a customer contract; or
(h) waste of management or office time;
(i)loss of goodwill or reputation; or
(j) indirect or consequential losses or special or exemplary damages,
however arising and whether caused by breach of contract, negligence or otherwise.
If you are a business user, nothing in these terms and conditions excludes or limits in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) for fraud or fraudulent misrepresentation;
(c) for breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); and
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Except as expressly stated in these terms and conditions, in relation to business users we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
» 11. WRITTEN COMMUNICATIONS AND NOTICES
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11.2 All notices given by you to us in accordance with these terms must be emailed to us at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified above (although communications related to your order will not be via notices on our website).
11.3 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
» 12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. However, we will not withhold our consent without good reason.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract but this will not affect your rights or our obligations under the Contract. However, we would notify you of any such action and, if the Contract has yet to be performed by us, you would have the right to cancel the Contract.
» 13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; or
(f) the acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13.4 In the event that a Force Majeure Event continues for a period of 30 days or longer, you shall have a right to cancel a Contract. To cancel a Contract, you must inform us by calling us on 0800 181 4512. We will process any refund due to you as soon as possible.
» 14. TERMINATION
14.1 We may end a Contract by notice to you in writing (such notice to have immediate effect), without affecting any other rights which we may have if:-
(a) except in the case of a genuine dispute, you have failed to pay any amount which you owe us under this Contract; or
(b) you commit any material breach of the terms and conditions of this Contract.
» 15. DATA PROTECTION
15.1 We will use the personal information that you provide to us as part of your order, or during subsequent correspondence or communications, for the purpose of processing your order and managing your account. Also, if you agree, by ticking the box where prompted on the order form, we (or one of our group companies) may send you e-mails with details of other products or services we think may be of interest to you. However, you can opt out of receiving further marketing at any time by using the opt-out function in any e-mail you receive from us, or by contacting us at email@example.com. We will not share your personal information for marketing purposes with companies outside Johnston Fuels Ltd.
15.2 When you visit our website we issue a “cookie” that allows us to identify your computer. The cookie contains information that allows customers to navigate through the site. This information is removed from the cookie at the end of the checkout process. Navigational information may be used to monitor customer traffic patterns, website usage and help us develop the design and layout of our website. For further information about cookies, visit www.aboutcookies.org or www.allaboutcookies.org. You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. However, some of our website features may not function as a result.
» 16. WAIVER
16.1 If we fail, 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 we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
» 17. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are 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, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
» 18. ENTIRE AGREEMENT
This paragraph only applies if you are a business user.
Without prejudice to any other contract you have entered into with us, these terms and conditions and any document expressly referred to in them (which includes, for the avoidance of doubt, the Cylinder Refill Agreement where you are ordering Cylinder Gas) represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty that is not set out in these terms and conditions.
» 19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we despatch the products (in which case we will assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).