Sale of Goods Act 1893 and Sale of Goods and Supply of Service Act 1980
1.1 Agreement is subject to the provisions of the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980 in all cases except where the Customer is contracting within the terms of a trade/business (which cases are specifically excluded).
1.2 Notwithstanding Clause 1.1. nothing in this Agreement is intended to have the effect of contracting out of any applicable provisions of the Sale of Goods Act 1893 (in particular sections 12-15), or the Sale of Goods and Supply of Service Act 1980, or any laws or legislation governing the right of consumers, except to the extent permitted by those Acts, Laws or Legislation.
1.3 In particular where the Customer buys Goods as a consumer the provisions of Clauses 2 and 3 below shall be subject to any laws or legislation governing the rights of the consumers.
2.1. The Customer shall inspect the Goods on delivery and immediately notify the Distributor of any alleged defect, shortage in quantity, damage or failure to comply with the description or invoice. The Customer shall afford the Distributor an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods to be defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any shortage, defect or damage. For defective Goods, which the Distributor has agreed in writing that the Customer is entitled to reject, the Distributor’s liability is limited to replacing the Goods.
3.1. Returns will only be accepted provided that:
(a) The Customer has complied with the provisions of Clause 3.1. and
(b) The Distributor has agreed in writing to accept the return of the Goods and
(c) The Goods are returned at the Customer’s cost within seven (7) days of the delivery date and
(d) The Distributor will not be liable for Goods which have not been stored or used in a proper manner and
(e) The Goods are returned in the conditions in which they are delivered.
3.2. The Distributor may (in its discretion) accept the return of Goods for replacement but this may incur a handling fee as a percentage of the value of the returned Goods, to be advised in each case, plus any freight.
How to Pay/Payment
- When an Order paid by debit or credit card is placed on this Website, the full value of the order placed is deducted from the debit or credit card at the time of ordering. In the event that the delivered amount is less than the amount ordered we will refund the difference back to the debit or credit card used to place the order. The unit price charged may vary where the delivered quantity is less than the ordered quantity.
- Where you are purchasing Fuels/Services by phone, normally, we send you an invoice after delivery of the Fuels and/or the Services. Normally, we ask you pay for Fuels/Services when you place your order.
- If you haven’t paid in advance you must pay the amount on the invoice within 14 days or receipt, unless we have agreed something else.
- Payments for Goods can be made by direct debit, credit card, cash, cheque or via internet or telephone banking unless otherwise agreed. For purchases by phone we may also accept cash.
5.1. Delivery will normally take place within one or two working days of receiving and order but during busy times and in poor weather conditions it may take longer. Trim Home Heating Oil will make every effort to make a prompt delivery but cannot accept responsibility for delays caused by circumstances beyond our control. If for any reason, we are unable to fulfil a delivery for an order which has been placed and paid for through this Website we will refund in full the value of the order placed. The refund will be processed back to the debit or credit card used to place the order. We reserve the right not to accept an order placed and paid for on this website.
6.1 Refunds from this website are processed through our payments processor and the banking system and can take between three and ten days to complete. We will repay you without unnecessary delay.
Can you cancel and receive a Refund?
7.1. You can cancel any order for Fuels on any day prior to the date of delivery. You will need to phone our depot or send an email to confirm that you don’t want the Fuels. If our Tanker is already on the way to you on the date agreed with you then there may be a charge at the Manager’s discretion – that is the cost to us of the wasted journey.
7.2. To cancel your order for Goods (including Fuels in barrels but excluding other Fuels), you must tell us that you want to cancel either by phoning our depot, emailing us at email@example.com or writing to us at Trim Home Heating Oil, Kiltale, Trim, Co. Meath. To meet the cancellation deadline, it is sufficient for you to send us your cancellation notice before the cancellation period has expired.
7.3. If you cancel an Order for Goods (other than Fuels), we will reimburse you all payments received from you. You must return any cancelled Goods you have received to us without undue delay and in any event not later than 14 days from the day on which you tell us you want to cancel.
7.4. If you cancel an order for Services, we will repay to you all payments received from you.
7.5. We will repay you without unnecessary delay but please note that this may take from three and ten days to complete.
Last updated on January 23rd, 2018.