Terms & Conditions
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
1.5 ” Seller” means GATOR OILS
1.6 ” 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 exclusive of any delivery charges.
3.2 Title of the goods sold by us shall not pass to the customer until paid in full. We reserve the right to re-posses such goods at any time until full payment is made.
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 28 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 endeavors 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.
4.6 Deliveries sent on a signature required service: if the buyer requests items to be left in a specified or unspecified safe place without a signature then this is done so entirely at the buyer’s risk. We will pass the request to our courier for consideration but cannot guarantee that it will be done as it is at the discretion of the courier driver to validate the safety of the area. No replacements or refunds will be offered for missing items if you have requested items to be left without signature & we accept no liability for these items.
4.7 If your delivery is for an address that is remote and/or difficult to locate or access, or you have previously encountered issues with couriers, please make us aware of this upon purchase and prior to dispatch. The Seller cannot be held responsible for parcels that are delayed and/or returned to the depot because the driver is unable to deliver in these instances. In the case that the above applies, please provide us, via email, with instructions that may be helpful to aid safe delivery. Please include a daytime contact number. Please provide these before your item is dispatched. If you have issues with the carriers we use, please contact us prior to dispatch; we may be able to offer an alternative. Surcharges may apply.
Delivery dates & times offered by the courier are non-guaranteed and may be subject to delay. We will not be held liable for costs incurred for late deliveries & will not offer any refunds for late delivery.
5.1 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 24 hours of delivery if the Goods are damaged or do not comply with any of the contract. No claims with regard to damage items can be made after our courier has left the delivery address, unless signed for as damaged on delivery.
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, 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.
6.6 Special order – non stock items cancellation & return conditions. Special order items are not stock items, they are made to order and as such are not subject to the usual return conditions. They are shown as in stock on the website solely for the purpose of pre order, see returns conditions below.
6.7 If you cancel an order for a Special order – non stock item before you have recieved delivery, a refund of 20% of the price paid will be issued to you.
6.8 Once you have recieved delivery of a Special order – non stock item, you may not under any circumstances (except that of a warranty replacement) return the product & no refund will be issued.
7 LIMITATION OF LIABILITY
7.1 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.
7.2 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.
8 FORCE MAJEURE
8.1 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 limited 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.
9.1 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.
10 GOVERNING LAW AND JURISDICTION
10.1 These Terms and Conditions shall be governed by and construed in accordance with the law of Great Britain and the parties hereby submit to the exclusive jurisdiction of the British courts.
11 You may not create a link to the website from another website or document without prior written consent.
12 This website contains material which is owned or licensed by us. Reproduction of any material is prohibited other than in accordance with the copyright notice.
13 E&OE ERRORS AND OMISSIONS EXCEPTED