Customer Terms and Conditions

BOILERJUICE LIMITED

TERMS AND CONDITIONS: ORDERING FUEL VIA BOILERJUICE

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply price comparison and ordering services for heating oil and/or red diesel (“Fuel ”) and apply to your use of the Website for such services where applicable, as well as governing our dealings with you. WE DO NOT SUPPLY FUEL OURSELVES, THE FUEL IS SUPPLIED BY THE FUEL SUPPLIERS.

1.2 When These Terms Apply. These terms apply to your Membership and orders for Fuel made through the Website or placed over the telephone (as applicable).

2. Why you should read them. These terms tell you who we are, what we do, who supplies the Fuel and other important information. Please read these terms carefully and, if you are a Spot Customer, before you submit or place your order for Fuel. They may have been amended since your last visit. YOUR ATTENTION IS DRAWN IN PARTICULAR TO SECTION ‎10 “OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU”. If you do not agree to these terms please do not continue to use the Website to order Fuel or compare prices. If you think that there is a mistake in these terms, please contact us to discuss.

2.1 When these terms come into force. These terms come into force on 6th October 2020.

2.2 Definition of certain words used in these terms: In these terms references to:

2.2.1 “Fuel Suppliers” means the providers of the Fuel on whose behalf we provide the ordering services as featured on the Website and “Fuel Supplier” means one of them;

2.2.2 “Fuel Supplier’s Terms” means the terms applicable to the supply of Fuel to you by a Fuel Supplier and/or, if you are a Plan Customer, the operation of your Tank Account by your Nominated Fuel Supplier;

2.2.3 HyperWallet means Hyperwallet Systems Europe Limited a company limited by shares registered in England and Wales with registered number 900698, whose registered office is at 247 Tottenham Court Road, First Floor, London W1T 7QX ;

2.2.4 “Member” means any person that has a valid membership contract with us, and “Membership” means that membership;

2.2.5 “Member Account Benefits” means benefits which we notify to the Member from time to time;

2.2.6 “Nominated Fuel Supplier” means the Fuel Supplier nominated by us from time to time as a Plan Customer’s nominated Fuel Supplier;

2.2.7 “Plan Customer” means a Member who pays for Fuel through the use of a Tank Account and is allocated a Nominated Fuel Supplier;

2.2.8 “Spot Customer” means a Member who pays for Fuel on an individual order basis and is therefore not a Plan Customer;

2.2.9 “Tank Account” means, where applicable, your account with your Nominated Fuel Supplier held by HyperWallet into which you make payments and monthly deposits and which refunds and amounts from any Member Account Benefits may be placed;

2.2.10 “we” or “us” or “ our” means BoilerJuice;

2.2.11 “Website” means www.boilerjuice.com, which is used to compare prices in connection with your order; and

2.2.12 “you” or “your” means the Member.

3. INFORMATION ABOUT US AND HOW TO CONTACT US

3.1 Who we are. We are BoilerJuice Limited, a company registered in England and Wales under company number 5345637, with its registered address at Unit 1 Clare Hall, St Ives Business Park, St Ives, Cambridgeshire, PE27 4WY. Our registered VAT number is 15 1571 46.

3.2 What we do. We own and operate the Website which we make available to you (where applicable) to use to find and make orders for Fuel sold by the Fuel Suppliers. We act as the agent of each Fuel Supplier in administering the ordering process for Fuel on their behalf. When you place your order, whether over the telephone or through the Website, we will transmit the details of your order to the relevant Fuel Supplier and, on behalf of the relevant Fuel Supplier, send you a confirmation email for the order placed.

3.3 You may be charged for using the ordering services. In respect of the ordering services we may charge you an administration fee. Where applicable, the amount will be provided to you during the ordering process, which will be over the telephone in respect of orders made by such means.

3.4 How to contact us. You can contact our customer service team in the manner indicated on the Contact Us page of the Website or via the Website’s live chat function.

4. MEMBERSHIP

4.1 You need to create an account to become a Member. To become a Member, you will need to create an account on the Website or, where applicable, we will create one for you using the information provided to us by you. Membership is free. Membership does not guarantee that we will always be able to find a suitable Fuel Supplier for you. You can cancel your Membership at any time by contacting us or clicking here. If you are a Plan Customer, when you become a Member a contract will come into force on the Fuel Supplier’s Terms, between you and your Nominated Fuel Supplier.

4.2 You must ensure that we have accurate information about you. You must provide accurate and complete registration information and keep that information up to date at all times.

4.3 Your username and password. You will need a username and password in order to access your account. It is your responsibility to keep this information secret and confidential and not to disclose it to any other person. If you think that somebody else might know your username or password then you must log in to your account and change these as soon as possible.

4.4 We may disable your account. We may disable your account at any time you fail to comply with any of these terms and conditions or if we consider that there may be a security risk.

4.5 Member Account Benefits. By becoming a Member, you will have access to the Member Account Benefits. We will advise you of any applicable Member Account Benefits on the Website, or in respect of Members who place orders over the telephone from time to time. The Member Account Benefits are provided on a gratuitous basis and may be withdrawn at any time. In the case of Spot Customers, any Member Account Benefits will be applied to orders placed. In the case of Plan Customers, any Member Account Benefits will be deposited into your Tank Account.

4.6 Vouchers are offered by the Fuel Supplier not us. We may sometimes offer vouchers to Members on the Fuel Supplier’s behalf. This voucher will be initially deducted from your order, but will subsequently be recovered from the Fuel Supplier.

4.7 Additional Fees. Schedule 1 sets out the applicable fees which you will be charged in the circumstances specified. The Fuel Supplier’s Terms set out further detail about when these fees may be incurred. We may vary these fees in accordance with ‎12.1.

5. SPOT CUSTOMERS

5.1 Paying for the Fuel. If you are a Spot Customer, (i) you will make payments to the relevant Fuel Supplier at the time of order by payment card or other methods listed on the Website, or (ii) if you place orders over the telephone, that we notify you of.

5.2 Refund payments. If for any reason a refund is due to you in respect of an order, we will procure that the Fuel Supplier makes such refund to you via your original payment method (unless your payment card has expired or has been cancelled, in which case the Fuel Supplier will contact you via us to arrange a refund).

6. PLAN CUSTOMERS

6.1 Using your Tank Account. If you are a Plan Customer, (i) you will make monthly deposits into your Tank Account or one-off payments by payment card or other methods listed on the Website, or (ii) if you place orders over the telephone, that we notify you of. These amounts are held by the Nominated Fuel Supplier on account of future orders of Fuel placed with the Nominated Fuel Supplier and will be used to pay for those orders . If there is not enough credit in your Tank Account to pay for an order the balance payable on that order has to be paid by you at the time of ordering by using your payment cards or other methods listed on the Website, or if you place orders over the telephone, that we notify you of.

6.2 Management of your Tank Account. We will procure that your Nominated Fuel Supplier operates your Tank Account in accordance with the following requirements:

6.2.1 payments made into your Tank Account will only be used to pay for Fuel that you have ordered and amounts otherwise due to your Nominated Fuel Supplier pursuant to the Fuel Supplier’s Terms or due to another Fuel Supplier pursuant to your contract with that Fuel Supplier;

6.2.2 if Fuel is supplied by a Fuel Supplier other than your Nominated Fuel Supplier in accordance with ‎7.3.3, your Nominated Fuel Supplier will refund you the cost of the relevant order, such refund being effected by the relevant amount being paid to the Fuel Supplier who fulfils the relevant order;

6.2.3 if you request to withdraw all or some of the funds held in your Tank Account, your Nominated Fuel Supplier will pay such sums to you.

6.3 Change of Nominated Supplier. We reserve the right to change your Nominated Supplier from time to time if required, for example if the contract between us and your Nominated Supplier is cancelled for any reason, and will notify you of your new Nominated Supplier where applicable.

7. YOUR CONTRACT FOR THE SUPPLY OF THE FUEL IS WITH THE FUEL SUPPLIER

7.1 YOUR CONTRACT WITH THE FUEL SUPPLIER: THE CONTRACT FOR THE SALE OF THE FUEL IS FORMED BETWEEN YOU AND THE FUEL SUPPLIER.

7.2 What terms apply to the contract between you and the Fuel Supplier . The Fuel Supplier will provide the Fuel to you in accordance with the Fuel Supplier’s Terms. The Fuel Supplier’s Terms will tell you important information such as how the Fuel Supplier will provide the Fuel to you, how you and the Fuel Supplier may change or end the contract for the supply of the Fuel, what to do if there is a problem.

7.3 When will a contract be formed between you and the Fuel Supplier .

7.3.1 If you are a Spot Customer, a contract for the supply of Fuel on the Fuel Supplier’s Terms will be formed at the point you place an order, whether such order is placed through the Website or over the telephone. Please review the Fuel Supplier’s Terms before you place an order.

7.3.2 If you are a Plan Customer, by accepting these terms you will also be entering into a contract with your Nominated Fuel Supplier on the Fuel Supplier’s Terms in relation to the operation by your Nominated Fuel Supplier of your Tank Account and, where applicable, the supply of Fuel to you by your Nominated Fuel Supplier. Please review the Fuel Supplier’s Terms before confirming your acceptance of these terms.

7.3.3 If you are a Plan Customer, if your Nominated Fuel Supplier is not the cheapest Fuel Supplier at the time you place an order, the order may be fulfilled by another Fuel Supplier, in which case a contract on the Fuel Supplier’s Terms for the supply of Fuel will be formed between you and such Fuel Supplier at the point you place the order.

8. FUEL INFORMATION

8.1 The information about the Fuel is provided by the Fuel Suppliers and we do not make any representations about the quality of the Fuel . The information placed on the Website, or in respect of Members who place orders over the telephone which we provide to you, relating to the Fuel has been provided to us by the Fuel Suppliers. We have not conducted any quality or other checks on the Fuel and we make no representations about the suitability or the quality of Fuel, including where applicable for sale through the Website.

8.2 We do not guarantee the accuracy of the information. We have requested that the Fuel Suppliers provide accurate information to us but we cannot guarantee the accuracy of the information. The relevant Fuel Supplier is responsible for the accuracy of the information.

9. OUR RIGHTS TO INSTRUCT THE FUEL SUPPLIER TO CANCEL YOUR ORDER

9.1 We may instruct the Fuel Supplier to cancel your order if you break the contract with us or with the Fuel Supplier . We may instruct the Fuel Supplier to cancel an order i f you break the contract with us for the ordering services and price comparison services (if applicable) or if you break the contract with the Fuel Supplier.

9.2 We will contact you if we need to cancel your order. In the unlikely event that in accordance with ‎9.1 your order is to be cancelled, we will use reasonable efforts to contact you as soon as reasonably possible to notify you using the contact details you provided at the time of placing your order.

10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

10.1 We are responsible to you for foreseeable loss and damage caused by us in connection with the ordering services, price comparison services and your use of the Website (as applicable) . If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

10.2 We are not responsible to you for loss and damage caused by the Fuel Suppliers in connection with the contract with the Fuel Supplier and/or the provision of the Fuel . If a Fuel Supplier fails to comply with its terms, the Fuel Supplier will be responsible for any loss or damage you suffer subject to the provisions of the Fuel Supplier’s Terms. As the supplier of the Website and ordering services, and as the agent of the Fuel Suppliers, we are not liable for the provision of the Fuel or compliance by a Fuel Supplier with its terms and we are not responsible for any act or omission of a Fuel Supplier.

10.3 We are not responsible for delays outside our control. If performance of our obligations under these terms is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and we will procure a refund from the Fuel Supplier for any Fuel you have paid for but not received. If you are a Plan Customer, we will procure that your Nominated Fuel Supplier pays to you all sums held in your Tank Account at the time the contract ends.

10.4 We are not liable for business losses. We only supply the ordering services, price comparison services and Website (each as applicable) for domestic and private use. If you use the ordering service, price comparison services or Website for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.5 We do not exclude our liability for any matters in respect of which it is not permitted by law to limit or exclude, or attempt to limit or exclude, our liability : We do not in any way exclude or limit our liability for:

10.5.1 death or personal injury caused by our negligence;

10.5.2 fraud or fraudulent misrepresentation; or

10.5.3 any matter which it is not permitted by law to limit or exclude, or attempt to limit or exclude, our liability.

10.6 WE ARE UNDER A LEGAL DUTY TO SUPPLY SERVICES THAT ARE IN CONFORMITY WITH THE CONTRACT. NOTHING IN THESE TERMS WILL AFFECT YOUR LEGAL RIGHTS OR YOUR LEGAL REMEDIES. FOR DETAILED INFORMATION ABOUT YOUR LEGAL RIGHTS AND REMEDIES PLEASE CONTACT THE CITIZENS ADVICE BUREAU.

11. HOW WE MAY USE YOUR PERSONAL INFORMATION

11.1 How we will use your personal information. Information regarding the way in which we use your personal information and (where applicable) how cookies are used on the Website can be found in our Privacy Policy and our Cookies Policy, available at https://www.boilerjuice.com/privacy/

12. OUR RIGHT TO VARY THESE TERMS

12.1 We amend these terms from time to time. Please look at the section “When these terms come into force” to see when these terms were last updated.

12.2 Every time you use the Website to place an order for Fuel or call us to place an order for Fuel over the telephone (as applicable), the terms in force at the time of your use of the Website or of your telephone order will apply to the contract between you and us.

13. OTHER IMPORTANT TERMS

13.1 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

13.2 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

13.3 You need our consent to transfer your rights to someone else . You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.4 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms .

13.5 If a court finds part of this contract illegal, the rest will continue in force . Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.6 Even if we delay in enforcing this contract, we can still enforce it later . If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13.7 Which laws apply to this contract and where you may bring legal proceedings . These terms are governed by English law and the English courts have non-exclusive jurisdiction over any legal proceedings relating to the contract. If you live in Scotland you can bring legal proceedings in respect of the Fuel in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Fuel in either the Northern Irish or the English courts.


SCHEDULE 1


Schedule of Fees

UNDER DELIVERY FEE (SEE SECTION 5.3.1 OF THESE TERMS)

   
       

Applicable to all order volumes over 500 litres in GB and non-grouped orders in NI

   
   

Under delivery of between 10% - 25% of order

£10.00

   

Example: Based on a 1,000 litre order this would be 750-899L

     
       

Under delivery of greater than 25% of order

£20.00

   

Example: Based on a 1,000 litre order this would be 749L

     
       

ABORTED DELIVERY FEE (SEE SECTION 8.5 &9.1 OF THESE TERMS)

   
       

Aborted delivery fee

up to £35.00

   
       
       

NON-DELIVERY FEE (SEE SECTION 5.3.2 OF THESE TERMS)

     
       

Aborted delivery fee

up to £35.00

   
       
       

MINIMUM ORDER FEE (SEE SECTION 5.3.1 OF THESE TERMS)

     
       

Applicable to all 500 litre minimum orders in GB and grouped orders only in NI

   
   

Under 350 litres

£20.00

   

350 - 449 litres

£10.00

   

450 - 500 litres

£0

   




 

 

 

 

BOILERJUICE LIMITED

TERMS AND CONDITIONS: BOILERJUICE CONNECTED SERVICES

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply the BoilerJuice Connected Services.

1.2 Why you should read them. Please read these terms carefully before you submit your order for the BoilerJuice Connected Services. These terms tell you who we are, how we will provide the BoilerJuice Connected Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.3 To whom do these Terms apply. These terms apply to consumers and business customers. A consumer means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. If you are not a consumer then you are a business customer. Unless otherwise specified, each section of these terms apply to both consumers and business customers.

1.4 When these terms come into force. These terms come into force on 6th October 2020.

1.5 Definition of certain words used in these terms: In these terms references to:

1.5.1 “BoilerJuice Monitor” means the BoilerJuice connected monitor we provide to you;

1.5.2 “BoilerJuice Connected Services” means the supply of the monitoring services and the BoilerJuice Monitor (as further described in section ‎5);

1.5.3 “Connected Member” – a person registered with us in order to benefit from the BoilerJuice Connected Services;

1.5.4 “Connected Membership” – your BoilerJuice Connected Services membership (as further described in section ‎3);

1.5.5 “Connected Membership Period” each 12 month period of Connected Membership commencing on the Start Date or the Renewal Date as applicable. The Connected Membership Period and the contract will extend automatically for further periods of 12 months unless you cancel your membership following the process set out in section ‎9 below;

1.5.6 “Connected Standing Charge” the fees payable for the supply of the BoilerJuice Connected Services to you;

1.5.7 “Fuel” means heating oil and/or red diesel;

1.5.8 “Fuel Suppliers” means the providers of the Fuel featured on the Website and “ Fuel Supplier” means one of them;

1.5.9 “Fuel Supplier’s Terms” means the terms applicable to the supply of Fuel to you by a Fuel Supplier and/or the operation of your Tank Account by your Nominated Fuel Supplier;

1.5.10 HyperWallet means Hyperwallet Systems Europe Limited a company limited by shares registered in England and Wales with registered number 900698, whose registered office is at 247 Tottenham Court Road, First Floor, London W1T 7QX;

1.5.11 “Nominated Fuel Supplier” means the Fuel Supplier nominated by us from time to time as your nominated Fuel Supplier;

1.5.12 “Renewal Date” - the renewal date notified to you by us;

1.5.13 “Start Date” - the start date is the date on which these terms and conditions are accepted on the Website;

1.5.14 “Tank Account” means, where applicable, your account with your Nominated Fuel Supplier held by HyperWallet into which you make payments and monthly deposits and which refunds may be placed; and

1.5.15 “Website” means www.boilerjuice.com.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are BoilerJuice Limited, a company registered in England and Wales under company number 5345637, with its registered address at Unit 1 Clare Hall, St Ives Business Park, St Ives, Cambridgeshire, PE27 4WY. Our registered VAT number is 15 1571 46.

2.2 How to contact us. You can contact our customer service team in the manner indicated on the Contact Us page of the Website or via the Website’s live chat function.

2.3 What we do. We own and operate the Website which we make available to customers to use to find and make orders for Fuel sold by the Fuel Suppliers. We also supply the BoilerJuice Connected Services.

2.4 Our relationship with the Fuel Suppliers. We act as the agent of each Fuel Supplier in administering the ordering process for Fuel on their behalf. We will place orders with the Fuel Suppliers on your behalf based on the information provided by the BoilerJuice Monitor.

2.5 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.6 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. CONNECTED MEMBERSHIP

3.1 You need to create an account to become a Connected Member . To become a Connected Member, you will need to create an account on the Website or by calling us and place your first order.

3.2 You must ensure that we have accurate information about you. You must provide accurate and complete registration information and keep that information up to date at all times.

3.3 Your username and password. You will need a username and password in order to access your account. It is your responsibility to keep this information secret and confidential and not to disclose it to any other person. If you think that somebody else might know your username or password then you must log in to your account and change these as soon as possible.

3.4 We may disable your account. We may disable your account at any time if you fail to comply with any of these terms and conditions or if we consider that there may be a security risk.

3.5 Additional Fees. Schedule 2 sets out the applicable fees which you will be charged in the circumstances specified. The Fuel Supplier’s Terms set out further detail about when these fees may be incurred. We may vary these fees in accordance with ‎14.5.

4. OUR CONTRACT WITH YOU

4.1 When your contract for BoilerJuice Connected Services will start . Your contract with us for the BoilerJuice Connected Services will start when you click to agree that you accept these terms and conditions.

4.2 How long will the Connected Membership last. The contract for Connected Membership will last for the duration of the Connected Membership Period.

4.3 Renewal of your Connected Membership. We will write to you at least 30 days before the Renewal Date to notify you that your contract with us for your Connected Membership will be automatically extended on the Renewal Date and to notify you of any change to the Connected Standing Charge (which may increase with effect from the Renewal Date). We will also use this opportunity to notify you of any changes in the Connected Membership before the Renewal Date.

4.4 Your Connected Membership will automatically extend. The contract will automatically extend and your Connected Membership automatically renewed on the Renewal Date unless you contact us before that date and ask us not to. You may cancel a renewal in accordance with the provisions of section ‎9.7.

5. THE BOILER JUICE CONNECTED SERVICES

5.1 The BoilerJuice Connected Services are as described on the Website: Full details of the BoilerJuice Connected Services are provided here. In summary, the BoilerJuice Connected Services include supply of the BoilerJuice Monitor, remote monitoring of your Fuel usage and automatic re-ordering of Fuel on your behalf.

5.2 When we will provide the BoilerJuice Monitor to you: Your BoilerJuice Monitor will be despatched to you on the day you accept these terms and conditions (or the next business day if you accept these terms after 4pm).

5.3 Installation of the BoilerJuice Monitor: The BoilerJuice Monitor will come equipped with a set of simple installation instructions enabling you install the BoilerJuice Monitor yourself. If you are unable to install the BoilerJuice Monitor yourself then please contact us and we can recommend a third party company (the “ Installer”) to assist you. The Installer’s terms and conditions will apply to the installation works and you will need to pay them an installation fee for installing the BoilerJuice Monitor for you. We are not responsible for the services of the Installer.

5.4 We are not responsible where the BoilerJuice Monitor fails to work correctly due to faulty installation . We will not be liable to you for delays or non-performance of the BoilerJuice Connected Services by us if it is caused by incorrect installation of the BoilerJuice Monitor by you or the Installer.

5.5 Minor changes to the BoilerJuice Connected Services. We may change the BoilerJuice Connected Services to reflect changes in relevant laws and regulatory requirements for the BoilerJuice Connected Services or the BoilerJuice Monitor. These changes will not affect the quality of the BoilerJuice Connected Services.

6. YOUR CONTRACT FOR THE SUPPLY OF THE FUEL IS WITH THE FUEL SUPPLIER

6.1 Your contract with the Fuel Supplier: The contract for the sale of the Fuel is formed between you and the Fuel Supplier.

6.2 What terms apply to the contract between you and the Fuel Supplier . The Fuel Supplier will provide the Fuel to you in accordance with the Fuel Supplier’s Terms . The Fuel Supplier’s Terms will tell you important information such as how the Fuel Supplier will provide the Fuel to you, how you and the Fuel Supplier may change or end the contract for the supply of the Fuel, what to do if there is a problem.

6.3 When will a contract be formed between you and the Fuel Supplier .

6.3.1 By accepting these terms you will also be entering into a contract with your Nominated Fuel Supplier on the Fuel Supplier’s Terms in relation to the operation by your Nominated Fuel Supplier of your Tank Account and, where applicable, the supply of Fuel to you by your Nominated Fuel Supplier. Please review the Fuel Supplier’s Terms before confirming your acceptance of these terms.

6.3.2 If your Nominated Fuel Supplier is not the cheapest Fuel Supplier at the time you place an order, the order may be fulfilled by another Fuel Supplier, in which case a contract on the Fuel Supplier’s Terms for the supply of Fuel will be formed between you and such Fuel Supplier at the point you place the order .

6.4 Change of Nominated Fuel Supplier. We reserve the right to change your Nominated Fuel Supplier from time to time if required, for example if the contract between us and your Nominated Fuel Supplier is cancelled for any reason, and will notify you of your new Nominated Fuel Supplier where applicable.

7. HOW YOU WILL PAY FOR THE FUEL

7.1 Using your Tank Account. You will make monthly deposits into your Tank Account or one-off payments by payment card or other methods listed on the Website. These amounts are held in your Tank Account by the Nominated Fuel Supplier on account of future orders of Fuel placed with the Nominated Fuel Supplier and will be used to pay for those orders. If there is not enough credit in your Tank Account to pay for an order the balance payable on that order has to be paid by you at the time of ordering by using your payment card or other methods listed on the Website.

7.2 Management of your Tank Account. We will procure that your Nominated Fuel Supplier operates your Tank Account in accordance with the following requirements:

7.2.1 payments made into your Tank Account will only be used to pay for Fuel that you have ordered and amounts otherwise due to your Nominated Fuel Supplier pursuant to the Fuel Supplier’s Terms or due to another Fuel Supplier pursuant to your contract with that Fuel Supplier ;

7.2.2 if Fuel is supplied by a Fuel Supplier other than your Nominated Fuel Supplier in accordance with ‎6.3.2, your Nominated Fuel Supplier will refund you the cost of the relevant order, such refund being effected by the relevant amount being paid to the Fuel Supplier who fulfils the relevant order;

7.2.3 if you request to withdraw all or some of the funds held in your Tank Account, your Nominated Fuel Supplier will pay such sums to you.

8. PROVIDING THE BOILERJUICE CONNECTED SERVICES

8.1 Costs of the BoilerJuice Connected Services. The costs of the BoilerJuice Connected Services will be as displayed to you on the Website.

8.2 When we will provide the BoilerJuice Connected Services. During the order process we will let you know when we will start to provide the BoilerJuice Connected Services to you. We will also tell you during the order process when and how you can end the contract. We will supply the BoilerJuice Connected Services to you until the Connected Membership expires or you end the contract as described in section ‎9 or we end the contract by written notice to you as described in section ‎11.

8.3 We are not responsible for delays outside our control. If our supply of the BoilerJuice Connected Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any BoilerJuice Connected Services you have paid for but not received. We will also procure that your Nominated Fuel Supplier pays to you all sums held in your Tank Account at the time the contract ends.

8.4 If you are not at home when the BoilerJuice Monitor is delivered . If no one is available at your address to take delivery and the BoilerJuice Monitor cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery.

8.5 If you do not re-arrange delivery. If you do not re-arrange delivery of the BoilerJuice Monitor, we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and section ‎11.2 will apply.

8.6 If you do not allow us access to provide services. If you do not allow us access to your property to perform any services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and section ‎11.2 will apply.

8.7 When you become responsible for the BoilerJuice Monitor. You are responsible for loss of or damage to the BoilerJuice Monitor from the time we deliver the BoilerJuice Monitor to the address you gave us.

8.8 We retain ownership of the BoilerJuice Monitor. The BoilerJuice Monitor is owned by us. Your right to use the BoilerJuice Monitor will end when your Connected Membership ends. You will return the BoilerJuice Monitor to us at your costs.

8.9 What will happen if you do not give required information to us . We may need certain information from you so that we can supply the BoilerJuice Connected Services to you. If so, this will have been stated in the description of the BoilerJuice Connected Services on our Website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and section ‎11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the BoilerJuice Connected Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8.10 Reasons we may suspend the supply of the BoilerJuice Connected Services to you . We may have to suspend the supply of the BoilerJuice Connected Services to:

8.10.1 deal with technical problems or make minor technical changes to the BoilerJuice Monitor;

8.10.2 update the BoilerJuice Connected Services or BoilerJuice Monitor to reflect changes in relevant laws and regulatory requirements;

8.10.3 make changes to the BoilerJuice Connected Services or BoilerJuice Monitor as requested by you or notified by us to you (see section ‎8).

8.11 Your rights if we suspend the supply of the BoilerJuice Connected Services or BoilerJuice Monitor . We will contact you in advance to tell you we will be suspending supply of the BoilerJuice Connected Services, unless the problem is urgent or an emergency. If we have to suspend the supply of the BoilerJuice Connected Services for longer than 1 month in any calendar year we will adjust the price so that you do not pay for the BoilerJuice Connected Services while they are suspended. You may contact us to end the contract for the BoilerJuice Connected Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 1 month and we will refund any sums you have paid in advance for the BoilerJuice Connected Services in respect of the period after you end the contract.

8.12 We may also suspend supply of the BoilerJuice Connected Services if you do not pay . If you do not pay us for the BoilerJuice Connected Services when you are supposed to (see section ‎14.3) and you still do not make payment within 30 days of us reminding you that payment is due, we may suspend supply of the BoilerJuice Connected Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the BoilerJuice Connected Services. We will not suspend the BoilerJuice Connected Services where you dispute the unpaid invoice (see section ‎15). We will not charge you for the BoilerJuice Connected Services during the period for which they are suspended.

9. YOUR RIGHTS TO END THE CONTRACT

9.1 You can always end your contract with us. Your rights when you end the contract will depend on how we are performing, when you decide to end the contract and whether you are a consumer or business customer.

9.2 Ending the contract because of something we have done or are going to do . If you are ending a contract for a reason set out at ‎9.2.1 to ‎9.2.4 below the contract will end immediately and we will refund you in full for any BoilerJuice Connected Services which have not been provided and you may also be entitled to compensation. The reasons are:

9.2.1 we have told you about an upcoming change to the BoilerJuice Connected Services or these terms which you do not agree to (see section ‎8);

9.2.2 there is a risk that supply of the BoilerJuice Connected Services may be significantly delayed because of events outside our control;

9.2.3 we have suspended supply of the BoilerJuice Connected Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 month; or

9.2.4 you have a legal right to end the contract because of something we have done wrong.

9.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013) . If you are a consumer then for most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

9.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of services, once these have been completed, even if the cancellation period is still running.

9.5 How long do consumers have to change their minds? You have 14 days after the day you accept these terms on the Website. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

9.6 Ending the contract where we are not at fault and there is no right to change your mind . Even if we are not at fault and you are not a consumer who has a right to change their mind (see section ‎9.1), you can still end the contract and Connected Membership at any time during the Connected Membership Period, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services or Fuel not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract (which will be no more than the Connected Standing Charges payable for the remainder of the Connected Membership Period).

9.7 Ending Connected Membership after the Renewal Date. You will also have the right to cancel any renewal of Connected Membership that you acquire for a period of 30 days after each Renewal Date.

10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

10.1 Tell us you want to end the contract. To end the contract with us, please let us know by contacting our customer service team in the manner indicated on the Contact Us page of the Website or via the Website’s live chat function.

10.2 Returning the BoilerJuice Monitor after ending the contract . If you end the contract for any reason after the BoilerJuice Monitor has been dispatched to you or you have received them, you must return them to us. You must post the BoilerJuice Monitor back to us at Unit 1 Clare Hall, St Ives Business Park, St Ives, Cambridgeshire, PE27 4WY or allow us to collect it from you. Please contact our customer service team in the manner indicated on the Contact Us page of the Website or via the Website’s live chat function for information on how to return the BoilerJuice Monitor. If you are exercising your right to change your mind please send off the BoilerJuice Monitor back to us within 14 days of telling us you wish to end the contract.

10.3 When we will pay the costs of return. We will pay the costs of return:

10.3.1 if the BoilerJuice Monitor is faulty or misdescribed; or

10.3.2 if you are ending the contract because we have told you of an upcoming change to the BoilerJuice Connected Services or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

10.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the BoilerJuice Monitor from you, we will charge you the direct cost to us of collection. The costs of collection will be set out on the Website.

10.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the BoilerJuice Connected Services including any delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

10.6 When we may make deductions. We may deduct from any refund an amount for the supply of the BoilerJuice Connected Services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

10.7 When your refund will be made. We will make any refunds due to you as soon as possible. Your refund will be made within 14 days of your telling us you have changed your mind.

11. OUR RIGHTS TO END THE CONTRACT

11.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:

11.1.1 you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;

11.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide BoilerJuice Connected Services ;

11.1.3 you do not, within a reasonable time, allow us to deliver the BoilerJuice Connected Services or BoilerJuice Monitor to you; or

11.1.4 you do not, within a reasonable time, allow us access to your premises to supply any services.

11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in section ‎11.1 we will refund any money you have paid in advance for BoilerJuice Connected Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11.3 We may withdraw the BoilerJuice Connected Services. We may write to you to let you know that we are going to stop providing the BoilerJuice Connected Services, the reasons for this may include us no longer having a relationship with a Fuel Supplier near you or because we are unable to communicate with your BoilerJuice Monitor. We will let you know at least 1 month in advance of our stopping the supply of the BoilerJuice Connected Services and will refund any sums you have paid in advance for BoilerJuice Connected Services which will not be provided.

12. IF THERE IS A PROBLEM WITH THE BOILERJUICE CONNECTED SERVICES

How to tell us about problems . If you have any questions or complaints about the BoilerJuice Connected Services, please contact our customer service team in the manner indicated on the Contact Us page of the Website or via the Website’s live chat function.

13. YOUR RIGHTS IN RESPECT OF DEFECTIVE BOILERJUICE CONNECTED SERVICES IF YOU ARE A CONSUMER

13.1 We are under a legal duty to supply services that are in conformity with the contract. See the box below for a summary of your key legal rights in relation to the BoilerJuice Connected Services. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

For services, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

See also section ‎9.1.


14. PRICE AND PAYMENT

14.1 Where to find the price for the BoilerJuice Connected Services . The price of the BoilerJuice Connected Services (which includes VAT) will be the price indicated on the order pages when you placed your order. We will provide details of any change to the price prior to the Renewal Date.

14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the BoilerJuice Connected Services, we will adjust the rate of VAT that you pay, unless you have already paid for the BoilerJuice Connected Services in full before the change in the rate of VAT takes effect.

14.3 When you must pay and how you must pay. Payment for the BoilerJuice Connected Services will be taken by direct debit on a monthly basis. Please refer to our Website for important facts on the operation of your direct debit.

14.4 When a scheduled payment has been unsuccessful. The payment will be represented to the bank within 30 days of the failed payment date. Should the represented payment also fail, this will result in suspension of the auto-ordering service until payments are brought up to date. In this circumstance no responsibility of the auto-ordering service will be held by BoilerJuice.

14.5 Variations to the Schedule 2 fees. The fees set out in Schedule 2 are correct as at the date these terms come into force (see section ‎1.4), however we may vary these fees from time to time by notifying you in writing.

15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

15.1 We are responsible to you for foreseeable loss and damage caused by us . If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so . This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the BoilerJuice Connected Services and under the Consumer Protection Act 1987.

15.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

15.4 We are not liable for business losses. We only supply the BoilerJuice Connected Services for to you for domestic and private use. If you use the BoilerJuice Connected Services for any commercial, business or re-sale purpose our liability to you will be limited as set out in section ‎16.

16. HOW WE MAY USE YOUR PERSONAL INFORMATION

How we will use your personal information . We will only use your personal information as set out in our privacy policy which can be found at: https://www.boilerjuice.com/privacy/

17. OTHER IMPORTANT TERMS

17.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.

17.2 You need our consent to transfer your rights to someone else . You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

17.3 Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.4 If a court finds part of this Contract illegal, the rest will continue in force . Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.5 Even if we delay in enforcing this Contract, we can still enforce it later . If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the BoilerJuice Connected Services, we can still require you to make the payment at a later date.

17.6 Which laws apply to this Contract and where you may bring legal proceedings if you are a consumer . These terms are governed by English law and you can bring legal proceedings in respect of the BoilerJuice Connected Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the BoilerJuice Connected Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the BoilerJuice Connected Services in either the Northern Irish or the English courts.

17.7 Which laws apply to this Contract and where you may bring legal proceedings if you are a business . If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.



SCHEDULE 1

Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To BoilerJuice Limited, Unit 1 Clare Hall, St Ives Business Park, St Ives, Cambridgeshire, PE27 4WY

I/We [*] hereby give notice that I/We [*] wish to cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),


Address of consumer(s),


Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.


SCHEDULE 2

Schedule of Fees

UNDER DELIVERY FEE (SEE SECTION 5.3.1 OF THESE TERMS)

   
       

Applicable to all order volumes over 500 litres in GB and non-grouped orders in NI

   
   

Under delivery of between 10% - 25% of order

£10.00

   

Example: Based on a 1,000 litre order this would be 750-899L

     
       

Under delivery of greater than 25% of order

£20.00

   

Example: Based on a 1,000 litre order this would be 749L

     
       

ABORTED DELIVERY FEE (SEE SECTION 8.5 &9.1 OF THESE TERMS)

   
       

Aborted delivery fee

up to £35.00

   
       
       

NON-DELIVERY FEE (SEE SECTION 5.3.2 OF THESE TERMS)

     
       

Aborted delivery fee

up to £35.00

   
       
       

MINIMUM ORDER FEE (SEE SECTION 5.3.1 OF THESE TERMS)

     
       

Applicable to all 500 litre minimum orders in GB and grouped orders only in NI

   
   

Under 350 litres

£20.00

   

350 - 449 litres

£10.00

   

450 - 500 litres

£0

   

 

 

 

 

 

 

 

 

 

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BoilerJuice is a wholly owned subsidiary of Welsummer Limited which is entirely independent of any heating oil company.

Registered Office: Suite 1 Clare Hall St. Ives Business Park, Parsons Green, St. Ives, Cambridgeshire, England, PE27 4WY. Registered in England (Company No: 5345637). © 2004-2020 BoilerJuice Ltd. All rights reserved.

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