Calor sells supplies of liquid petroleum gas through the Website (the “Products”).
Your use of the Website and any online purchase of a Product is entirely at your own risk.
1. Age and Responsibility
To purchase any Product from the Website you must be aged at least 18 years of age. You understand that by purchasing a Product from the Website you are fully responsible for paying Calor for that Product.
Registration is not required if you simply want to browse through the Website. Registration is required if you wish to purchase a Product from the Website. In order to complete the registration process and to open an account with us, you must choose a User ID and password. Calor may restrict your chosen User ID or password. When registering, you will be asked to provide information such as your name, address, telephone number, email address and credit card details. All information supplied by you must be true, complete, accurate and offered in good faith and not the confidential property of others or in violation of any other third party’s rights. We will only use your information in accordance with our Privacy Statement. Calor does not guarantee the security of any information transmitted to or from the Website. Information sent over the internet cannot be guaranteed to be completely secure as it is subject to possible interception or loss or possible alteration. You understand and agree to assume the security risk for any information you provide using the Website. We are not responsible for any information sent over the internet and will not be liable to you or anyone else for any damages or otherwise in connection with any information sent by you to us or any information sent by us to you over the internet. You are solely and fully responsible for all actions taken under your account. You agree to use the Website and to purchase any Product from the Website using your own User ID and password only. You must make all reasonable efforts to keep your password safe and you agree not to disclose it to any other person or permit, either directly or indirectly, any other person to utilise your User ID or password or account. You agree to immediately notify Calor of any unauthorised use of your User ID and/or password and/or account or of any other unauthorised breach of security.
Calor reserves the right to refuse to accept your application for registration and/or to suspend or terminate your account without prior notice or reason at any time at its sole discretion.
3. Use of the Website
You may only download, display or print part of the Website in order to obtain information about Calor and its products and services or to order Products, you may not download, display or print any part of the Website for any other commercial purposes.
You agree not to use the Website or the Products for or in connection with any of the following activities:
4. Intellectual Property Rights
Although Calor endeavours to ensure the Website is available at all times, there may be occasions when interruption to the Website may occur, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that Calor shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Website. You have sole responsibility for adequate protection and back up of any content and data you submit to the Website and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
7. Links to Third Party Website
The Website contains links to third party websites. Calor does not own or control such third party websites and only provides links to other locations on the internet for information purposes. The fact that Calor provides a link to a third party site does not mean Calor endorses, authorises or sponsors that site. Calor reserves the right at any time to terminate a link to a third party site. Your use of third party sites is subject to the terms and conditions of use contained within each of those sites. Access to any third party site through the Website is at your own risk. Calor shall have no responsibility whatsoever for the accuracy of any information, data, opinions, statements made on any third party site or the security of any link or communication with the site. We have not verified the content of any such sites.
8. Use in the Republic of Ireland Only
The Website is controlled and operated by Calor from its offices within Ireland. The Website has been specifically designed for use in Ireland. Calor cannot guarantee that the Website or the information or Products or services offered thereon complies with or is appropriate for use in other jurisdictions and Calor makes no representation that the Website is appropriate or suitable for use in countries other than Ireland. If you choose to access the Website from other locations outside of Ireland, you are responsible for compliance with local laws if and to the extent local laws are applicable.
10. Privacy Statement
THE WEBSITE AND/OR THE PRODUCTS ARE AVAILABLE TO ALL USERS “AS IS” AND, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND/OR THE PRODUCTS ARE MADE AVAILABLE WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CALOR MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT THE PRODUCTS OR MATERIALS AVAILABLE ON THE WEBSITE (INCLUDING WITHOUT LIMITATION, THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE). CALOR MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT THE WEBSITE, OR THE SERVER THAT MAKES IT AVAILABLE, WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CALOR ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND THE CONTROL OF CALOR, WHICH CORRUPTS OR EFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS AND THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF THE WEBSITE. ALL USE BY YOU OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR, AND FOR ALL RISK OF LOSS RESULTING FROM, YOUR DOWNLOADING OR USING OF, OR REFERRING TO OR RELYING ON THE FACILITIES, SERVICE, MATERIALS OR PRODUCTS PROVIDED ON THE WEBSITE, OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF THE WEBSITE. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CALOR AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES TO CALOR WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE WEBSITE, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CALOR SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
12. Limitation of Liability
13. Offer and Acknowledgement
14. Pricing and Payment
Any prices, quotations and descriptions made or referred to on the Website are provisional, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your service request. All prices stated on the Website are in euro and unless otherwise specified are exclusive of VAT and any other applicable tax or duty and any delivery charges. VAT is charged at thirtee one and a half percent (13.5%) unless you are notified otherwise. Calor reserves the right to change prices and the delivery charges stated on the Website at any time and without notice. Calor accepts payment for the Products by the following payment methods only:
While we will set out approximate delivery timescales on the Website and in our confirmatory screen, we do not guarantee any specific delivery times or dates and shall not be liable to you in respect of any delays or failure to meet any and all delivery timescales. In the event that there is any such delay or failure to meet delivery timescales, you should contact http://www.calorgas.ie/help/contact/. If you have not received your Product(s) within thirty (30) days of the date specified in your confirmatory screen, you are entitled to a refund of any monies paid in respect of that service request (unless otherwise agreed). You should also ensure that the delivery address specified on our confirmatory screen is correct and should notify us immediately if there are any inaccuracies in the delivery address. You may be subject to additional delivery charges in the event that you wish to change your delivery address after submitting an service request and before your Product(s) have been delivered to your delivery address. We do not retain credit/debit card information on our web servers after the transaction has been completed. Therefore you will need to enter your details each time you wish to purchase Products on the Website.
16. Right of Cancellation
If you are a consumer (i.e. if you are a natural person who, as regards a distance contract, is acting for purposes which are outside your trade, business or profession) then, under the European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations, 2001, you have a right to cancel your contract for the purchase of the Products without giving a reason within a period of seven (7) working days from the date the contract was formed. If you wish to cancel the contract in such a way, you must send notice in writing to Calor requesting cancellation of the contract within such seven (7) working day period. In such circumstances, you shall be responsible for the direct cost of returning the Product(s) to Calor. In the event that the liquefied petroleum gas which you requested has been delivered to you in accordance with the terms of the contract which you then seek to cancel, in accordance with the provisions of this section, then you shall be liable to pay our charges incurred in retrieving the liquefied petroleum gas. We shall advise you of these retrieval charges at the time of such retrieval.
17. Suspension and Termination
18. Jurisdiction and Governing Law