Terms and Conditions

Terms and conditions

 

Here you'll find the general terms and conditions of use for the Taygas Limited Online Shop. These terms and conditions help to keep the Taygas Limited website a safe place to trade and set out the full extent of any agreement reached between you and Taygas Limited in connection with this site. You should understand that by placing an order, you accept these terms and conditions.

 

1 - Information about us

This website is operated by Taygas Limited ("Taygas Limited/ Us / We").

We are registered in Scotland under Company Number SC344133

Our registered office at 21 Fairfield Street, Dundee, DD3 8HX.

Our VAT number is 940 3539 32

 

2 - Terms of website use

The information below (together with any documents referred to in it) explains the terms of use which will apply when you use our website, www.taygas.co.uk (“our site”), whether as a guest or a registered user. By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

Please read these terms of use and any documents referred to in these terms of use carefully before you start to use our site. We recommend that you print or save a copy of these terms of use for future reference.

 

3 - Other applicable terms

These terms of use refer to the following additional terms which also apply to your use of our site:

Privacy policy (http://www.taygas.co.uk/legalstuff/Privacy-Policy/) which sets out how we use personal information which you provide to us or which we otherwise collect from you. By using our site, you consent to such processing and you warrant that all the data provided by you is accurate;

Cookie policy, (http://www.taygas.co.uk/legalstuff/Cookie-Policy) which sets out information about the cookies used on our site.

 

4 - Accessing our website

Access to our site is made available free of charge and is permitted on a temporary basis. We reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time, and we reserve the right to restrict access to all or part of our website to registered users at our sole discretion.

You are responsible for making all arrangements necessary for you to access our site. You are also responsible for ensuring anyone accessing our site through your internet connection is aware of these terms, and that they comply with them.

 

5 -  Your Status

By placing an order through our site, you confirm and agree that:

  • 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)
  • you are at least 18 years’ old
  • you are resident in mainland Great Britain, or are ordering to a location within mainland Great Britain

 

6 – How the contract is formed between you and us

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:

  • 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);
  • 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;
  • 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;
  • 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;
  • unless we contact you to notify that we do not accept your order, your order will be accepted by us when we dispatch the Products to you. In addition to the rights set out in paragraph 6 below, you can cancel your order at any time before dispatch (at no cost to you). You can log into your account and view orders placed at any time.
  • We take payment from your card when we process your order and have checked your card details.

 

7 – Cancellation of a contract  (If you are a consumer)

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

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

  • more than one Product in a single order (for example, you have ordered Gas Cylinders as well as other products), your legal right to cancel will not end until 23:59 on the 14th (fourteenth) day after the day on which we complete the delivery of the last of those Products or items;
  • 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.

 

You can tell us that you wish to cancel the Contract in the period set out by:

 

  • Sending us an e-mail to info@taygas.co.uk
  • calling us on 01382 832323

 

You have the right to cancel a Contract if the Product(s) are faulty or not as described

 

If the Products are not of satisfactory quality, fit for purpose (i.e. fit for the purpose for which it was intended to be used or a purpose made known to us in writing) or are not as described, you may either:

  • 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
  • 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.

 

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:

 

  • 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
  • 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)

 

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)

 

Please note that we do not accept returns or provide refunds if a fault arises from fair wear and tear, willful 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.

 

8 – Our Returns and Refund Policy (If you are a consumer)

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.

 

Please note that if your order includes Cylinder Gas, and you cancel the Contract, either under the fourteen-day period as set out in paragraph 6, or for any other reason (e.g. defective Products), the collection of the Cylinder will be at a different time, and possibly a different day, to the collection of the other Product(s) that you are returning.

 

If you cancel a Contract, all ancillary contracts you have entered into associated with the cancelled Products will be automatically cancelled.

 

Refunds

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

If you cancel the Contract within 14 days for any reason (see paragraph 6.2), we will process the refund due to you as soon as possible and, in any case:

  • 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
  • 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).

 

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

If the Product is faulty or defective, you should contact us by sending us an email to shop@calor.co.uk or by telephone on 0800 1814512. 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.

 

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.

 

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)):

 

  • 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
  • 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.

 

9 – Availability and Delivery

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 supplied as soon as possible, by the same method in which the payment was originally made.

 

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.

 

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.

 

Time for delivery shall not be of the essence. This shall not affect any rights which you may have as a consumer.

 

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 areof 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.

 

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.

 

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.

 

Any delivery charges will be clearly marked on our site and at the checkout and added to your order.

 

10 – Price and Payment

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.

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.

Prices of Products quoted on our site do not include delivery charges or any cylinder refill. Our delivery charges and cylinder refills are as set out on our site from time to time.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already dispatched the Products.

 

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:

  • 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.
  • if a Product’s correct price is higher than the price stated on our site at the time you place 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.
  • 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.
  • We use WorldPay 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

 

11 – Products

The images of Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. The packaging of Products may vary from that shown on images on our site.

 

12 - Intellectual property rights

We are the owner or licensee of all intellectual property 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.

All information presented, unless specifically indicated otherwise is under copyright to us or our licensors. Information is freely available for downloading and browsing but may not be altered, transmitted, distributed, reproduced, duplicated, copied, or re-sold without our prior written consent.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and 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 license to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

13 - Reliance on Information Posted

Commentary and other materials posted on our site are not intended as advice on which reliance should be placed, but are provided for general information only. 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. You must obtain professional or specialist advice before taking or refraining from any action on the basis of the content of our site.

 

14 - Accuracy of information

Our site contains information relating to us and our subsidiaries. All information or advice provided as part of our site is correct at the time of inclusion, but we make no representation or warranty as to the completeness, accuracy, currency, adequacy or suitability of that information. We are not liable for any action you may take, or for any loss or damage suffered, as a result of relying on such information or advice.

The information included in our site has been compiled from a variety of sources and is subject to change without notice. We recommend that you print these terms of use and keep a copy of these for your records.

 

15 - 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.

 

16 - Availability of our site

Due to the nature of the internet, we cannot guarantee that our site will always be accessible. Our site may be unavailable or suspended to allow for repairs, maintenance or the introduction of new facilities or services.

 

17 - Our liability

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 hereby expressly exclude:

(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

(b) 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, without limitation (and in particular if you are a business user) any liability for:

(i) loss of income or revenue;

(ii) loss of business;

(iii) loss of profits or contracts;

(iv) loss of anticipated savings;

(v) loss of data;

(vi) loss of goodwill;

(vii) wasted management or office time; and

(viii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

If you are a commercial user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods to you which will be set out in our shop terms and conditions.

Nothing in these terms of use affects our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

 

18 - Emails and Information sent to us

Any email or attachment sent to us will not be encrypted and we therefore do not accept any liability if emails sent by you are compromised (including, but not limited to, their security or confidentiality). We do not, to the extent permitted by law, accept any liability for any external compromise of security and/or confidentiality in relation to transmissions sent by email.

 

19 - Information about you and your visits to our site

We process information about you in accordance with our privacy policy (http://www.taygas.co.uk/legalstuff/Privacy-Policy/) By using our site, you consent to such processing in accordance with our privacy policy and agree that all data provided by you is accurate.

 

20 - 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 un-authorised 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 do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.

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.

 

21 - Username and password

If you use our site, you are responsible for keeping your username, password and any other identification code or login details confidential and for restricting access to your computer to prevent unauthorised access to your account. You must not disclose such information to any third party and you agree to accept responsibility for all activities that occur under your account or password. You should inform us immediately if you have reason to believe that your password has become known to anyone else, or is likely to be used in an unauthorised manner.

Please ensure all details provided to us are accurate and complete. Inform us immediately of any changes to the information that you provided when registering.

We reserve the right to refuse access to the site, and to terminate accounts, remove or edit content at our discretion. We have the right to disable any username or password at any time if, in our opinion, you have failed to comply with any of these terms of use.

 

22 - Linking to our site

You must not create links to any part of our site without our prior written permission. If you wish to request such permission, please email info@taygas.co.uk

Linked web sites, whether permitted or not, do not have implied affiliation with our site. If we grant you permission to create links to any part of our site, the website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

 

23 - 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.

 

24 - Jurisdiction and applicable law

These terms of use, their subject matter and formation (including any non-contractual disputes and claims) are governed by Scottish law.

If you are a consumer, you and we both agree that the courts of Scotland will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site. However, if you are a resident of England or Wales you may also bring proceedings in England or Wales.

If you are a business, you and we both agree that the courts of Scotland will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

 

25 – Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

 

26 - Your concerns

If you have any concerns about material that appears on our site or questions in relation to these terms of use, please contact us by email at info@taygas.co.uk

 

Thank you for visiting our site.

 

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Our address:

Taygas Limited

21 Fairfield Street

Dundee

DD3 8HX

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