Terms & Conditions
- These terms
1.1. These are the terms and conditions which apply if you are a consumer, when you buy products from us through the following websites:
You are a consumer if: (i) you are an individual; and (ii) you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). If you are not a consumer and are buying products through our websites as a business, these terms do not apply to you. Please refer to our business terms and conditions.
Part A of these terms applies to orders for all Products, including cylinder gas.
Part B of these terms applies to orders for cylinder gas.
Part C of these terms applies to orders for Hobbyweld cylinder gas.
Part D of these terms applies to orders for Calor cylinder gas. When you order Calor cylinder gas, you will also enter into a direct contract with Calor on the terms of the Calor Cylinder Refill Agreement which applies to your possession of the Calor cylinder/container.
1.2. Please read these terms carefully before you submit an order for products, and before you open any form of account with us through any of our websites. These terms will apply to each order that you place with us, and they also apply to the operation of your account. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3. When we refer to a "product" this includes any item that is available to buy from our websites. Where you buy gas from us, the gas itself is a "product". This gas is delivered in a "container". When we refer to "containers" in these terms, we are referring to cylinders or other containers in which gas is supplied to you, and also all valves and valve guards and other ancillary equipment and materials supplied to you. Containers are provided to you on a temporary basis only, and are not owned by you.
1. Information about us and how to contact us
1.1. We are Dixons of Westerhope Limited a company registered in England and Wales. Our company registration number is 4526002 and our registered office is at Westfield, Newbiggin Lane, Westerhope, Newcastle upon Tyne, NE5 1LX. Our registered VAT number is 178625918.
1.2. You can contact us by visiting the "contact" section of our websites. This sets out all of our telephone numbers, fax numbers, our address and there is also a web enquiry form on that page.
2.3 You should contact us if you have any questions or complaints about the product. The details you can use to contact us are on the "contact" section of our websites. You can telephone our customer service team at 0191 271 4888 or write to us at firstname.lastname@example.org, or at Dixons of Westerhope, Newbiggin Lane, Westerhope, NE5 1LX.
1.3. 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 submission or your account application.
1.4. When we use the words "writing" or "written" in these terms, this includes emails.
2. Your responsibilities
2.1. By placing an order through any of our websites, you are confirming and agreeing that:
2.1.1. you are legally capable of entering into binding contracts and are at least 18 years old;
2.1.2. you are resident in mainland Great Britain, or are ordering to a location in mainland Great Britain; and
2.1.3. you will abide by the safety sheet and specifications for the cylinder gas product that you order. These are provided in PDF format on the product ordering page for each cylinder gas product.
2.2. The Gas Safety (Installation and Use) Regulations 1998 require that any person carrying out any work in relation to a gas fitting must be competent to do so, and in most cases be Gas Safe registered. For further guidance please contact Gas Safe on 0800 408 5500.
3. Opening an Account
3.1. You are only eligible to buy products from us through the online stores at www.dixonsgas.co.uk and www.sigindustrial.co.uk by creating an account with us.
3.2. You are responsible for ensuring that all information provided to us during the account opening process is accurate and correct. You must tell us if any of the information changes in your account (for example if you change your address for delivery). If you do not keep your information up to date, this might affect how well we can serve you.
4. Our contract with you
4.1. An order is placed by you when you press the "Order Now" button at the end of the checkout process on the website. Before you press "Order Now", you should check that you are happy with the accuracy of your order. You will also be asked to accept the relevant terms and conditions at this point in time.
4.2. Once you submit an order you will receive an automatic e-mail from us acknowledging your order. This does not constitute acceptance of our order. Our acceptance of your order will take place when we email you to confirm your order at which point a contract will come into existence between you and us.
4.3. Each order constitutes an offer by you to purchase products and for the provision of containers in accordance with these terms. You are responsible for ensuring that the terms of each order are complete and accurate before you submit it.
4.4. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4.5. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.6. We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
5. Your rights to make changes
It is not possible to make changes to an order or product once you have placed an order with us. If you want to discuss changing an order then please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1. We may change the products and containers to reflect changes in relevant laws and regulatory requirements (for example this may mean we have to change the type of cylinder or valve provided to you).
6.2. In addition, as we informed you in the description of the product on our website, we may make changes to the specification of the gas, strictly where these are imposed on us by third party suppliers or by applicable laws and regulations, but if we do so we will notify you and you may then contact us to cancel that order before the changes take effect and receive a refund for any products paid for but not received.
7. Providing the products
7.1. The costs of delivery will be as displayed to you on our website and are itemised at the point in time at which you complete your purchase.
7.2. We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
7.3. If our supply of the products is delayed by an event outside our control (for example if you have given us wrong or inaccurate information) 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 products you have paid for but not received.
7.4. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 8am and 5pm on weekdays (excluding public holidays) and between 9am and 4pm on Saturdays. The address you can collect the products from will be as selected by you through the "click and collect" process. Please ensure you select the correct address.
7.5. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery.
7.6. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 15.2 will apply.
8. Responsibility for products
8.1. The products are your responsibility from the time we deliver them to the address you gave us, or at the time you, or a carrier organised by you, collect the products from us.
8.2. You own a product once we have received payment in full.
9. Prices and deposits
9.1. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 9.3 for what happens if we discover an error in the price of the product you order.
9.2. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
9.3. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
10. Payment terms
10.1. We accept payment with most major credit and debit cards, and the payment methods are explained on the website at the point of order. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
10.2. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.3. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11. Our responsibility for loss or damage suffered by you
11.1. Liability for your use of gas. Subject to clauses 11.2 and 11.3 below, you acknowledge and agree that we shall not be responsible for any loss or damage to you or any third party including but not limited to damage to property and personal injury arising out of or in connection with any misuse or mishandling of the containers or products howsoever caused by you or any third party, including but not limited to where you or any third party has acted negligently.
11.2. 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.
11.3. 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 products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective products under the Consumer Protection Act 1987
11.4. We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you purchase products which you use for commercial, business or re-sale purposes, then our terms and conditions for supply to business customers will apply to your purchase.
12.1. We may have to suspend the supply of a product to:
12.1.1. deal with technical problems or make minor technical changes;
12.1.2. change the products to reflect changes in relevant laws and regulatory requirements;
12.1.3. make changes to the product as requested by you or notified by us to you (see clause 6).
12.2. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 10 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
12.3. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 10.1) and you still do not make payment within 10 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 10.3). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 10.2).
13. Your rights to end the contract
13.1. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
13.1.1. If what you have bought is faulty or mis-described you may have a legal right to end the contract under the Consumer Rights Act 2015 (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back). (See clause 16);
13.1.2. If you want to end the contract because of something we have done or have told you we are going to do. (See clause 13.2); or
13.1.3. If you are a consumer and have just changed your mind about the product (see clause 13.3).
13.2. 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 (13.2.1) to (13.2.5) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
13.2.1. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
13.2.2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
13.2.3. there is a risk that supply of the products may be significantly delayed because of events outside our control (save where these delays are caused by you, for example by not updating your account information);
13.2.4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
13.2.5. you have a legal right to end the contract because of something we have done wrong.
13.3. If you are a consumer then you have a legal right to change your mind within 14 days of receipt (by you or someone you nominate) of the products and to receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. Please note however that we are unable to accept returns in regard to cylinder gas where (a) you have broken the valve seal (this is for health protection reasons), or where the cylinder does not have a valve seal intact, or where the gas has in any way been used. Once gas has been used and the cylinder opened there is a contamination risk which means that the gas cannot be re-sold or re-used in any way.
14. How to end the contract with us
14.1. To end the contract with us, please let us know by doing one of the following:
14.1.1. Email. email us at the address set out in these terms. Please provide your name, home address, details of the order and, where available, your phone number and email address.
14.1.2. Online. Complete the form on the "cancellation" section of our website.
14.1.3. By post. Print off the form on the "cancellation" section of our website and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
14.2. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Given the nature of the products, they must be collected by us. You therefore need to contact us to arrange collection. If you are a consumer exercising your right to change your mind you allow us to collect the goods within 14 days of telling us you wish to end the contract.
14.3. We will pay the costs of return:
14.3.1. if the products are faulty or mis-described; or
14.3.2. if you are ending the contract because we have told you of an upcoming change to the product 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.
14.4. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
14.5. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
14.6. If you are exercising your right to change your mind:
14.6.1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products if this has been caused by your handling or use of them in a way which would not be permitted in a shop. This includes any situation where you have used the gas (in the case of cylinder gas). If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, or made use of the products, then you must pay us an appropriate amount to reflect the deterioration of value caused by you. Where you have purchased cylinder gas, it is important to note that any use of the gas renders the gas contaminated and therefore unfit for use or re-sale. In these cases you are not eligible for a refund where you exercise your right to change your mind.
14.6.2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
14.7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
14.7.1. if we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 14.2;
14.7.2. in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
15. Our rights to end the contract
15.1. We may end the contract for a product at any time by writing to you if:
15.1.1. you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
15.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the correct delivery address; or
15.1.3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
15.2. If we end the contract in the situations set out in clause 15.1, we will refund any money you have paid in advance for products 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.
16. Your rights in respect of defective products if you are a consumer
16.1. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
16.2. If you wish to exercise your legal rights to reject products they must be collected by us, and you need to contact us to arrange a time for collection. We will pay the costs of collection where products are defective.
17. How we may use your personal information
17.1. We will use the personal information you provide to us: (i) to supply the products to you; (ii) to process your payment for the products; (iii) and if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
17.2. We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
18. Other important terms
18.1. 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. If you are unhappy with the transfer you may contact us to end the contract within 10 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
18.2. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.3. 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.
18.4. 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 products, we can still require you to make the payment at a later date.
18.5. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
18.6. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Part B – Cylinder Gas
Part B of these terms applies where your order contains cylinder gas, except that this Part B does not apply to your purchase of Calor Gas.
If you have purchased Calor Gas please see Part D only.
If you have purchased Hobbyweld Gas please see Part C, which relates to deposits and applies in addition to Part B for Hobbyweld purchases.
1. Right to change your mind
As a consumer you have a right to change your mind, which is explained in Part A of these terms. To re-iterate, where you have purchased cylinder gas, it is important to note that any breaking of the seal and/or use of the gas renders the gas contaminated and therefore unfit for further use or re-sale. In these cases if you exercise your right to change your mind, you are not eligible for a refund, and we are unable to accept a return of cylinder gas in these circumstances.
2. Rental Charges
2.1. Where you purchase cylinder gas from us which is not Hobbyweld or Calor gas, then in addition to the price for the gas, you are required to pay a rental charge for your continued possession of the cylinder.
2.2. The rental charge which you are required to pay will be set out on your account application form.
2.3. Rental charges shall be collected by direct debit, the instructions and amounts for which shall be explained via the order process on the website. By completing a direct debit mandate through the online order process, you are authorising us to collect the rental charges.
2.4. In the event that you no longer require a container, you should contact us to arrange for collection or return of that container. If we are required to collect the container from you, we charge a container collection fee of £25.00 per container, or (if higher) the amount of collection charge set out in your account application form.
3. Your obligations regarding containers
3.1. Where you order a refill of cylinder gas, you must exchange an empty cylinder for the full cylinder upon delivery. If you are unable to present an empty cylinder in exchange, we will not be required to fulfil your order.
3.2. Containers shall at all times remain our property. You shall have no ownership rights or other interest in or to the containers (save for the right to possession and use of the containers subject to these conditions).
3.3. You must not re-fill any of the containers with any gas or other substance or material whatsoever. If the container is empty you should return it as soon as possible.
3.4. You must not at any time sell, hire, lease, assign, transfer, charge, mortgage, lend, abandon, damage, deface, alter, tamper, repair, service, fill or otherwise interfere with, dispose or part with the possession or control of the containers (other than by returning them to us).
3.5. You are responsible for the containers for the duration of the period in which you are in possession of them, in particular you shall ensure that:
3.5.1. the containers are kept and operated in a suitable environment and only used for the purposes for which they are designed, and operated in a proper manner in accordance with the safety instructions set out in the Cylinder Deposit Form overleaf, as updated by us from time to time;
3.5.2. you will at all times keep the containers in good condition (fair wear and tear only excepted), and provided that You will not repair or service the containers;
3.5.3. you will not use the containers for any unlawful purpose; and
3.5.4. you will ensure that at all times the containers remain identifiable as being our property.
Part C – Hobbyweld Cylinder Gas
1. If you purchase Hobbyweld Cylinder Gas, in addition to the price of the products, a deposit is payable by you in respect of containers provided to you by us. The amount of the deposit will be set out in the order process.
2. The deposit element will be refunded to you, less the applicable administration charge set out in paragraph 3 of this section, when the relevant container is returned to us, provided that the container is in as good an operating condition as it was on the date it was provided to you by us (fair wear and tear only excepted). If the container is not returned in accordance with this clause, we shall be entitled to retain the deposit.
3. We will be entitled to deduct an administrative charge from the amount of the deposit, which covers the costs actually incurred by us in providing the containers to you, and the charge shall be:
3.1. In the case of a cylinder which contained Acetylene, £30.00 plus VAT per cylinder returned;
3.2. In the case of a cylinder which contained HW Ultra, £15.00 plus VAT per cylinder returned; or
3.3. In all other cases, £10.00 plus VAT per cylinder returned.
4. If the rate of VAT changes between the date of our contract, and the date on which you return the container to us for a refund or exchange, we will adjust the rate of VAT to the rate in force as at the date of return.
Part D – Calor Cylinder Gas
1. Where you purchase Calor cylinder gas, the gas that you purchase is from us. We are responsible for the gas within the cylinder, and Part A of these terms and conditions applies.
2. However, the cylinders for all Calor gas products are the property of Calor Gas. By purchasing Calor gas via any of our websites, you will be agreeing to the Calor Cylinder Refill Agreement. You should ensure that you read the Calor Cylinder Refill Agreement carefully, as this sets out your rights to return the Calor cylinder and the requirement for you to pay a Refill Agreement Charge to Calor, and the circumstances in which you will be entitled to a return of part of the Refill Agreement Charge.
3. Where we collect a Refill Agreement Charge for a Calor cylinder from you, we will list that amount on the website at the time of your purchase. We will then remit the Refill Agreement Charge to Calor Gas on your behalf.
4. Where you order a refill of Calor cylinder gas, you must exchange an empty cylinder for the full cylinder upon delivery. If you are unable to present an empty cylinder in exchange, we will not be required to fulfil your order.
Model Cancellation Form for consumer customers
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