Terms and conditions
Please read these Terms and Conditions carefully before using the web site This website is run by Brabbag Fuels Ltd. By using this website, the user (“user” or “you”) agree to the following terms of use. If you do not agree to these terms of use, you should exit the website. Brabbag Fuels Ltd reserves the right to alter the contents of this website at any time without notice to you. Your continued use of this site implies that you accept to be bound by any updated version of this site. You may wish to open these terms and conditions in another browser window so you may print them out.
Copyright
All content included on this site including but not limited to web site design, text, images, graphics, audio clips, visual clips, logos, button icons, page layout, underlying code and software and the selection and arrangement thereof are either the property of Brabbag Fuels Ltd or its contents suppliers and are protected by UK and international copyright laws. All software used on this site is the property of Brabbag Fuels Ltd and is protected by UK and international copyright laws ALL RIGHTS ARE RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the purposes of placing an order with Brabbag Fuels Ltd and using this website as a shopping resource only. Any other use of materials on this Web Site including reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting republication, downloading or uploading without the prior written permission of Brabbag Fuels Ltd is strictly prohibited.
Notification of Copyright Infringement
Brabbag Fuels Ltd will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Legal Department with a Notice containing the following elements:
- a physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- a description of the copyrighted work or works that you claim have been infringed and which you request to be removed from the site;
- a description of the location of the material that you claim is being infringed;
- information sufficient to permit Brabbag Fuels Ltd to contact you, such as your physical address, telephone number and e-mail address;
- a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorised by the copyright owner, its agent, or the law; a statement by you that the information in your Notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf.
You can notify Brabbag Fuels Ltd of any claims of copyright infringement at the following address:
Brabbag Fuels Ltd
Ballanorris Farm,
Ballabeg,
Arbory,
IM9 4LB
Trademarks
Brabbag Fuels Ltd and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Brabbag Fuels Ltd. All other trademarks, product names and company names or logos cited herein are the property of their respective owners (“Third Party Trade Marks”). You are not permitted to use the Brabbag Fuels Ltd Trademarks or Third Party
Trademarks without the prior written consent of Brabbag Fuels Ltd or such third parties that may own the Trademarks
For further information on Intellectual Property matters contact our Head Office at:
Brabbag Fuels Ltd Champion House Douglas
Isle of Man
IM99 1DD
Amending The Terms & Conditions Of Use
Brabbag Fuels Ltd may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms shown on this website or any subsite hereof, apply as soon as they are shown. By continuing to use this website after any changes are posted, you are indicating your acceptance of those changes. Brabbag Fuels Ltd may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.
Children Under 18
If you are under 18, you must ask your parents or a guardian before you:
E-mail the website, or ask Brabbag Fuels Ltd to e-mail anything to you;
Send in any information to Brabbag Fuels Ltd;
Buy anything online
By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parents or a guardian. PLEASE NOTE that all minors are recommended to discuss these terms and conditions with their parents before they complete the registration process.
In order to place an order with Brabbag Fuels Ltd you will need to register to use the site
In return for allowing you to use the Brabbag Fuels Ltd web site and benefiting from our services, you agree that any information you provide us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. If incorrect information is supplied any contractual obligation Brabbag Fuels Ltd has is immediately null and void.
If you send communications or materials to this website by electronic mail or otherwise, concerning any comments, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material infringes any of your rights including moral rights, proprietary, or any other right, including the right to approve the way in which Brabbag Fuels Ltd uses such material.
Any material submitted to this website, may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used on a royalty free basis by Brabbag Fuels Ltd anywhere in the world, in any medium, in perpetuity.
Please note that this provision does not relate to any personal data that you submit which will be dealt with in accordance with the provisions of this website’s ‘Privacy Policy’ which is part of these Terms and Conditions.
Privacy
We treat your privacy very seriously. Brabbag Fuels Ltd’s Privacy Policy provides details about the type of information we may collect from you and details of how we may use this information. You are asked to read our Privacy Policy, which forms a part of these Terms and Conditions and sets out the way in which your personal data is handled.
Your data will never be given to third parties without your strict consent. All data is held in accordance with the applicable Data Protection and consumer legislation. In order to provide a great customer experience we use some trusted third-party service providers, such as analytical and email marketing tools which may include the collection and/or tracking of certain data and information regarding the characteristics and activities of visitors to this website. As such, we may disclose certain personal data to such third-party service providers in connection with their provision of services to you. We may communicate with you via email regarding a transaction or order. Our email newsletter operates on an opt-in policy, and you will only receive relevant product promotions, news and updates if you have actively subscribed to our newsletter. At all times you have the right to opt-out from our newsletters using unsubscribe links contained within these emails.
Use of the Site
You agree that you will only use our web site in a way which is consistent with our terms and conditions and which complies with applicable laws and regulations. In particular you agree that you will not use our web site to upload or send any material which contains software viruses or other codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt our web site. You acknowledge that our web site and any goods that you obtain from our web site are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission. You understand that in order to use all of the features on this website that you will need to accept and enable cookies.
Purchasing Goods
All prices shown on our website are inclusive of VAT. Please note that outside the EU you may be subject to your own local tax/import duties. We do not assume any responsibility for these charges. If you are in any doubt we recommend that you check with your local Customs & Excise Office before making a purchase.
Pre-Ordering items from Brabbag Fuels Ltd
Payments made through PayPal or credit card payments made using Payments Payments Pro will be charged in full in advanced of dispatch. For payments made by either of these two methods we do not store, or process, your credit-card data at any time.
Links
Brabbag Fuels Ltd may choose to provide links to sites owned by Brabbag Fuels Ltd and associated companies from time to time and may also choose to provide links to sites that are owned by third parties that are not connected with Brabbag Fuels Ltd. All links are provided for your convenience only. Access to sites that are owned by third parties is at your own risk and Brabbag Fuels Ltd has no responsibility or liability for these third-party sites.
Availability
Brabbag Fuels Ltd will use all reasonable endeavours to ensure that this web site is fully operational at all times. However we cannot guarantee that the web site will be fault free. In particular access to this web site may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.
Further, by using this website and any subsite, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of Brabbag
Fuels Ltd and if Brabbag Fuels Ltd is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a ‘force majeure’ and Brabbag Fuels Ltd shall be excused the performance for so long as such a situation endures.
For the purposes of these Terms and Conditions, the term ‘force majeure’ shall be deemed to include any cause affecting the performance by Brabbag Fuels Ltd of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of Brabbag Fuels Ltd and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.
Brabbag Fuels Ltd reserves its right to restrict, suspend or terminate your use of this web site or any of our services at any time if we believe, in our absolute discretion, that you have breached these terms and conditions.
You agree to indemnify, defend and hold Brabbag Fuels Ltd and, all of its associate companies, their directors, employees, information providers, licensors and licensees, officers and partners, (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions. You will co-operate as fully as reasonably required by Brabbag Fuels Ltd in Brabbag Fuels Ltd’s defence of any claim. Brabbag Fuels Ltd reserves the right, at their own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent of Brabbag Fuels Ltd.
Alterations
We may amend this web site and our services any time with or without notice to you.
Complaints and Comments
If you have any complaints or comments about our web site or any of the products supplied to you, please contact Brabbag Fuels Ltd through the Contact Us section on the website.
Miscellaneous
The Terms and Conditions together with our Help Section and Privacy Policy contain the full and complete understanding between Brabbag Fuels Ltd and you. No advice or information, whether oral or written, obtained by you through or from the web site or from any conversations with our staff will operate to vary these terms and conditions.
The Terms and Conditions of website usage together with our Help Section and Privacy Policy and all contracts made under them shall enure for the benefit of any successors and assignees of Brabbag Fuels Ltd.
Email Service
In situations where the Brabbag Fuels Ltd may give you the option to subscribe to its email service which will update you with news or information which it considers to be of interest to you, your use of the content received through the email service will be subject to these Terms and Conditions of Use.
Limitation Of Liability
To the fullest extent permitted by applicable laws, Brabbag Fuels Ltd nor any of their respective directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or
services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if the Club and/or Brabbag Fuels Ltd have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall Brabbag Fuels Ltd’s total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.
Disclaimer
Brabbag Fuels Ltd has taken all reasonable care in the preparation of the contents on this web site, but makes no representation or warranty of any kind with respect to the operation of the site or the information, content, materials, or products included on this site. To the extent permitted by applicable law, Brabbag Fuels Ltd makes no warranty, express or implied, as to the accuracy, completeness or currency of the information contained in any of the materials on this web site. Brabbag Fuels Ltd reserves the right to change price and availability information without notice.
Brabbag Fuels Ltd shall not be liable to any person for any loss or damage that may arise from the use of any of the information contained in any of the materials on this web site.
Brabbag Fuels Ltd reserves the right to change price and availability information without notice.
Brabbag Fuels Ltd reserves the right to decline orders for bulk or high value purchases
No exclusions of Brabbag Fuels Ltd’s liability in these Terms shall apply to any damages arising from death or personal injury caused by the negligence of Brabbag Fuels Ltd or any of its directors, employees or agents or fraudulent misstatement.
Indemnity
You agree to indemnify and hold Brabbag Fuels Ltd, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable solicitor’s fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms and Conditions, or your violation of any rights of another person or entity.
HTML Links
Some hypertext (HTML) links on this web site lead to web sites, which are not under the control of Brabbag Fuels Ltd. Accordingly, Brabbag Fuels Ltd makes no representation or warranty concerning the content of these web sites and accepts no responsibility or liability in respect of the material on any web site, which is not under Brabbag Fuels Ltd’s control. Brabbag Fuels Ltd is providing these hypertext links to you only as a convenience, and the inclusion of any such hypertext link does not imply an endorsement by Brabbag Fuels Ltd of the linked site or imply any relationship between Brabbag Fuels Ltd and the hyper-linked organisation or individual.
Governing law and jurisdiction
This web site is controlled and operated by Brabbag Fuels Ltd from its offices in the Isle of Man. We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Customers who access this web site from locations outside the United Kingdom do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable.
All terms and conditions contained on this web site shall be governed by and construed in accordance with Manx law. By using this web site, you hereby submit to the exclusive jurisdiction
of the courts of the Isle of Man for the resolution of any dispute arising under or in connection with these Terms or your use of this web site.
Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under Manx law.
Cookies
By using this site you consent to our use of cookies to keep track of what you have in your basket and whether you have logged in to the website. To shop at Brabbag Fuels Ltd Video you need to make sure that cookies are enabled, though you can still make use of the website for browsing or research purposes with cookies disabled.
GENERAL
1. Brabbag Fuels Ltd shall sell and the Buyer shall purchase the Goods in accordance with the Order subject to these Conditions, which shall apply to the exclusion of any other terms & conditions.
2. Robinson’s employees or agents are not authorised to make any representations or give any advice or recommendations concerning the Goods except where confirmed by Brabbag Fuels Ltd in writing.
3. Orders given to representatives are subject to acceptance at head office. Brabbag Fuels Ltd will use reasonable endeavours to supply the orders placed, but will not be liable for any failure to do so arising from causes beyond its control. Brabbag Fuels Ltd also reserve the right to suspend delivery in the event of its accounts not beings paid to terms.
4. All orders are subject to the availability of stock.
5. Change of ownership must be notified within four weeks otherwise you will be open to liability for goods purchased on your account.
PRICE & PAYMENT (Seller = Brabbag Fuels Ltd)
1. The price of goods shall be the price listed in the sellers published price list current at the date of delivery.
2. The goods shall remain the property of the seller until paid for in full by the Buyer and if the goods are
sold before the seller has been paid for in full the buyer shall hold the proceeds of sale on trust.
3. If payment is overdue in whole or part, the seller may recover or recall the goods and may enter upon
the buyer’s premises where the goods are stored for that purpose.
4. Buyers to whom credit facilities have been granted must settle accounts as per the conditions stipulated when opening their accounts. In the event of any account remaining unpaid after its due date
for payment then payment of all goods delivered at any time shall forthwith become due.
5. The right is reserved to withdraw or refuse credit terms at the sellers’ absolute discretion without assigning any reason therefore.
6. Brabbag Fuels Ltd Limited reserve the right to charge interest at 10% accumulated per Overdue Balance, and
any legal costs incurred.
DELIVERY
1. Unless otherwise agreed in writing, delivery of the Goods shall take place at the Buyer’s place of business.
2. Any dates specified by the seller for delivery of the goods are intended to be an estimate and time for
delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within
a reasonable time.
3. The seller shall be entitled to invoice the buyer for the price of goods on or at any time after delivery.
4. The buyer shall not be entitled to reject any delivery of goods solely by reason of short orders.
5. Unless otherwise specified, prices include free delivery to the buyers’ premises within Northern Ireland and the Republic of Ireland.
6. If for any reason the buyer fails to accept delivery of any of the goods when they are ready for delivery, or the seller is unable to deliver the goods on time because the buyer hasn’t provided appropriate instructions, documents, licenses of authorisations:
• Risk in the goods shall pass to the buyer
• The goods shall be deemed to have been delivered; and
• The seller may store the goods until delivery, whereupon the buyer shall be liable for all related costs
and expenses
DAMAGES, CLAIMS & RETURNS
1. All goods must be examined on receipt and any shortage or damage should be notified to Brabbag Fuels Ltd
within 24 hours from delivery. Damaged goods must photographed and emailed to info@brabbagfuels.com within 24 hours. Please retain damages for inspection.
2. If delivery is not refused, and the customer doesn’t notify the seller accordingly, the buyer shall not be
entitled to reject the goods and the seller shall have no reliability for such defect.
3. No returns can be accepted without proof of purchase.
Ambient, Chilled, Fresh & Frozen products can be returned via Drivers provided the goods are fit for resale.
DATA PRIVACY & PROCESSING POLICY
1. All data provided to us is held and secured in compliance with the terms of the UK Data Protection
Acts of 1998 and subsequent revisions thereof.
2. The information requested may be used in profiling you, your business and/or company, associated
businesses or other business or trading links for our legitimate business interests to help us to recognise
and understand the business, trade or operational risk posed by these factors at the time of application
and reassessed from time to time.
3. Credit searches using Credit Reference Agencies may create a soft footprint on the credit file held with that agency.
4. Profiling will use predictive and/or reactive credit scoring models and other manual or automatic profiling or models to assess your credit worthiness and the results of such profiling will help us make a decision on the type of account and payment terms we may be able to offer now or in the future.
5. You have the right to request a human to area assess any application made and assessed by profiling and you may enquire further about this or the decision itself once it has been made by emailing info@brabbagfuels.com laying out your enquiry in full, we will respond within 28 working days.