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TERMS and CONDITIONS
PLEASE READ CAREFULLY
Please read our Terms and Conditions of Sale before placing an order. If you wish to keep a copy for your records please print out this screen.
1. Definitions
In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
1.2 'Agent' means stellafuels.com whose office is at: Communication House , 26 York Street , London , W1U 6PZ Tel: 0208 801 8220
1.3 'Goods' means the goods or services supplied by stellafuels.com
1.4 'Customer' means the person or company who purchases or agrees to purchase goods or services from stellafuels.com
1.5 'Delivery' means coupon collection.
2.1 These terms and conditions of sale apply to all goods supplied by the Agent.
2.2 No contract exists between the Customer and the Agent for the sale of any goods or services until the Agent has received and accepted your order and the Agent has received payment in full (in cleared funds). Once the Agent does so, there is a binding legal contract between us.
2.3 An acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the Goods will not take place until payment is taken. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
2.4 The Agent may change these terms and conditions of sale without notice to you in relation to future sales.
2.5 The contract is subject to your right of cancellation (9).
2.6 Transactions will appear on your card statement as `StellaFuels'.
2.7 The cardholder will be debited immediately upon completion of the transaction
3. Description of the goods
3.1 The description and price of the goods you order will be as shown on the Agent's website at the time you place your order.
4. Price of the Goods
4.1 Every effort is made to ensure that prices shown on the Agent's website are accurate at the time you place your order. If an error is found, the Agent will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or canceling your order. If the Agent does not receive an order confirmation within 7 days of informing you of the error, the order will be cancelled and you will be notified by email.
If you cancel your order prior to despatch, the Agent will refund or re-credit you for any sum that has been paid by you or debited from your credit/debit card for the goods.
5. Payment
5.1 Payment for the goods and delivery charges can be made by any method shown on the Agent's website at the time you place your order.
5.2 Payment shall be due before the delivery date.
5.3 There will be no delivery until cleared funds are received.
6. Delivery - Coupon Collection
6.1 Orders placed before 14:00 GMT on a working day (Monday to Friday excluding public holidays) will be processed that day and will be delivered as per the requested delivery option provided.
6.3 If delivery cannot be made to your delivery address for reasons under the Agent's control, the Agent will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
6.4 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Agent will not be liable for any loss or damage suffered by you through reasonable or unavoidable delays in delivery.
6.5 Time for delivery shall not be of the essence. The goods may be delivered by the Agent in advance of the quoted delivery date.
7 Risk/Title
7.1 The goods are at your risk from the time of delivery
7.2 Ownership of the goods shall not pass from the Agent to you until the Agent has received in full (in cash or cleared funds) all sums due to it in respect of:
7.2.1 the goods, and
7.2.2 all other sums which are or which become due to the Agent from you on any account.
7.3 The Agent shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Agent.
8. Title for Business Customers
8.1 If you are a business customer until ownership of the goods has passed to you, you must:
8.1.1 store the goods (at no cost to the Agent) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Agent's property;
8.1.2 not destroy, damage, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Agent's behalf for their full price against all risks to the reasonable satisfaction of the Agent; and
8.1.3 hold the proceeds of the insurance referred to in condition
8.1.4 on trust for the Agent and pay the proceeds of the insurance to the Agent within 5 working days of receipt of the proceeds.
8.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
8.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
8.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or 8.2.3 you encumber or in any way charge any of the goods.
9. Your right of cancellation
9.1 To exercise your right of cancellation, you must give written notice to the Agent by letter or via email, giving details of the goods ordered and any order reference. Notification by phone is not sufficient.
9.2 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Agent at your own cost. The goods must be returned to the address given on your Returns form. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
9.3 Once you have notified the Agent that you are canceling the contract, the Agent will refund or re-credit you within 20 days from receipt of the returned goods for any sum that has been paid by you or debited from your credit card for the goods.
9.4 If you do not return the goods as required, the Agent may charge you a sum not exceeding the direct costs of recovering the goods.
9.5 The Agent may not be able to offer a full product refund for items returned that are not in a suitable condition for re-sale as new.
10. Limitation of Liability
10.1 Subject to 12.3 below, if you are a consumer the Agent shall not be liable to you for any loss or damage in circumstances where:
10.1.1 there is no breach of a legal duty owed to you by the Agent or by its employees or agents;
10.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
10.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
10.2 If you are a business customer the Agent shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
10.3 Nothing in these Terms and Conditions shall exclude the Agents liability for personal injury or death caused by its negligence.
11. Description of Products
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times and after-sales service.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.
We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
12. Data Protection
The Agent will take all reasonable precautions to keep the details of your order and payment secure but unless the Agent is negligent, the Agent will not
be liable for unauthorised access to information supplied by you.
13. Applicable Law
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute
arising from the contract.
14. Non-acceptance of Order
Non-acceptance of an order may be a result of one of the following:
The product you ordered being unavailable from stock.
Our inability to obtain statsfactory authorisation for your payment.
The identification of a pricing or product description error.
15. Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and Agents, harmless immediately on demand, from and
against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or
any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your
Personal Information.
16. Our Rights
We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm
that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time,
and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change.
It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions
then you must immediately stop using the Website.
These Terms and Conditions are effective from 01 October 2007 until further notice.