Terms and Conditions

/Terms and Conditions
Terms and Conditions 2017-11-13T09:09:15+00:00

TERMS AND CONDITIONS

Thank you for visiting us at www.mcguckianoils.ie You may use the website only in accordance with these General Terms and Conditions and in any event, for lawful and proper purposes which include complying with all applicable laws, regulations and codes of practice in Ireland, the EU and any other jurisdiction from which you are accessing the site.

Please note that further Terms and Conditions will be in force for events, promotions and other activity on the website from time to time and you should also familiarise yourself with these Terms and Conditions.

Please also note that in addition to these Terms and Conditions, your statutory rights are unaffected.
Please read these Terms and Conditions carefully before placing your order and if you have any queries please contact our Customer Service team at info@mcguckianoils.ie By using the website you are agreeing to be bound by these Terms and Conditions and any additional Terms and Conditions that may be in force applicable to certain promotions, events or otherwise from time to time.

These Terms and Conditions will change from time to time so please regularly check this page to note any changes that may be made. Changes to Terms and Conditions will only apply to orders placed after that change has been made.

In using the site you agree that you:

  • Will provide true, accurate, current, complete and non misleading information on any registration form or as otherwise reasonably requested by McGuckian Oils Ltd and its associated companies or affiliates.
  • Will not disclose any unauthorised, false or fraudulent details.
  • Will not post, transmit or otherwise disseminate any information on or via the website which is or may be harmful, vulgar, obscene, defamatory, harmful, tortuous, racist or otherwise illegal or offensive.
  • Will not post, transmit or otherwise disseminate any materials that infringe the proprietary rights of any third party including intellectual property rights and rights of privacy.

If you are provided with a User ID, password or other information as part of our procedures, it is your responsibility to treat such information as confidential and not disclose it to any third party. McGuckian Oils reserves the right to disable any User ID or password either chosen by you or allocated by McGuckian Oils in the event that McGuckian Oils believes you may have failed to comply with the Terms and Conditions.

You are responsible for your method of access to this website. You are also responsible to ensure that all persons accessing this website through your internet connection are aware and in compliance with the Terms and Conditions.

McGuckian Oils will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

Terms under which this website is provided

Access to this site is provided on a temporary basis and we reserve the right at any time to

  • Amend these Terms and Conditions without notice.
  • Withdraw or amend the service without notice.
  • To withdraw access to some or all of the site.
  • To suspend some or all of the services offered
  • Remove goods, featured jobs or promotions from the site.
  • Cancel your registration and/or account without prior notice.
  • Report any breach under the relevant law enforcement authorities and disclose your identity to them concerning your use of this site or otherwise.
  • Deny access to the website where we reasonably believe (in our absolute discretion) that a user is in breach of any of these Terms and Conditions or our Privacy Policy.

We will not be liable if the website is unavailable for any period of time.

Cancellation, Refund Policy & Returns

When an order is paid by debit or credit card on this website the full value of the order is deducted from the debit or credit card at the time of order. In the event that the delivered amount is less than the amount ordered we will refund the difference to the debit or credit card used to place the order.

Delivery will normally take place within one to two working days of placing an order but during busy times and in poor weather conditions this may vary. The seller will make every effort to make a prompt delivery but cannot accept responsibility for delays caused by circumstances beyond their control.

If the seller is unable to fulfil delivery of an order placed and paid for through this website the seller will refund, in full, the value of the order placed. The refund will be processed back to the debit or credit card used to place the order.

If the buyer wishes to cancel an order placed and paid for through this website, they must cancel the order before delivery has taken place. The buyer may cancel an order by contacting McGuckian Oils on 021 488 1190.

If the buyer cancels an order placed and paid for through this website the seller will refund the order placed *.
* Please Note all cancellations will incur a charge of €5 which will be debited from the Buyers Debit/Credit card.

Refunds from this website are processed through our payment gateway provider and the Bank and can take between three and ten days to complete. This timeframe is standard and outside of McGuckian Oils control.

Under no circumstances is McGuckian Oils obliged to accept goods for return.

Conditions of making a purchase

These conditions apply except so far as they are inconsistent with any express agreement entered into between the Seller and the Buyer before the delivery

  1. All products supplied are chargeable at the sale price ruling on the date of delivery. Such price shall reflect any tax, duty or other imposition in respect of the products (other than Value Added Tax). Value Added Tax, if applicable, will be charged separately.
  2. Payment for supplies will be effected by cash on delivery or in accordance with terms established from time to time by the Seller. Interest on overdue amounts shall be payable at 3% above the base lending rate of the Seller’s Bankers.
  3. Risk in the products shall pass to the Buyer on delivery but title on the product shall remain in the Seller until payment in full has been received by the Seller.
  4. Notice of any claim for damage, defect, variance of quality or description, or shortage in quantity shall be given by the Buyer in writing to the Seller within three days after the goods are delivered or in the case of non-delivery of the whole of the consignment within three days after receipt of Invoice and such notice shall state where and when the goods may be inspected by the Seller. The giving of such notice shall be a condition precedent to any such claim and in respect of such damage, defect, variance or shortage the buyer shall be liable to pay for the full quantity of the goods to which the Invoice relates.
  5. Subject to Clause 4, the Seller will replace at its own expense any products which differ in quality or description on delivery from the products agreed to be sold. All warranties and conditions expressed or implied by statute or otherwise are excluded and the Seller shall not be further liable in respect of injury loss or damage consequential upon the sale or delivery of the products.
  6. The Seller shall not be responsible for any failure to make deliveries if fulfilment has been delayed, hindered or prevented by any circumstances whatsoever which are not within the Seller’s immediate control.
  7. If the Buyer defaults on payment of monies due, the Seller shall have the right to enter upon any premises where the products are located and take possession of and remove same.
  8. No agent or employee of the Seller is permitted to alter or vary these Conditions in any way unless expressly authorised to do so by the Seller. If the Buyer fails to adhere to these conditions, the Seller shall be entitled to stop further deliveries under accepted or partly completed orders.
  9. The Seller does not accept responsibility for the dipping, checking or testing of the Buyer’s tanks. This, together with the obligation to see that the truck operator couples up with the correct feed on the buyer’s tank, rests entirely with the Buyers. The Buyer shall also be responsible for ensuring that the storage into which the delivery is made will accommodate the full quantity ordered.
  10. The Seller’s measure of quantity shall be accepted by the Buyer and in the case of re-heating oil it shall correct at standard litres at 15 Degrees Celsius, the Seller’s reading of which shall be conclusive. The Seller does not accept any responsibility for discrepancies in the Buyer’s tanks, dip rod or other measuring devices. It is a condition of every bulk sale that the quantity shown by the Seller’s dip rod or other measuring device employed shall, for the purpose of accounts, be accepted by the Buyer as the quantity delivered. The Buyer may be represented at the taking of the measurements in order to verify them if he so desires. If on delivery the Buyer or any representative of the Buyer, whether or not for the purpose of verifying the Seller’s measurements of quantity for the delivery, mounts any tank used on that delivery, the Buyer or his representative shall do so at his own risk and the Seller accepts no responsibility therefore.
  11. All products supplied are sold exclusively for the Buyer’s own use and shall not be resold transferred or disposed of by the Buyer to any other person private or commercial unless the products were supplied by the Seller to the Buyer specifically for resale.
  12. PRODUCT SAFETY: In normal use, fuel oil is safe, but please observe the following precautions:

(a) This product supplied is FLAMMABLE, and in the event of fire, a CO2 foam or dry powder extinguisher should be used. DO NOT USE WATER as this could spread the fire.
(b) Avoid handling the product, if splashed into the eyes or swallowed, seek immediate medical assistance.
(c) This product should be stored in a properly constructed, installed and maintained tank.

Promotions

From time-to-time we may offer certain online promotions which may apply to certain items purchased on the website. The conditions relating to the discounts offered through those promotions will be specified at the time of issue.

We sometimes run online promotions that are not available at our Call Centre (  Lo- Call 1850 430 430 ) and we run other promotions at our call centre that are not available online.

Terms Governing Web Content and its Use

Linking to this website

You may link to this website according to the following guidelines. We reserve the right to withdraw linking permission without notice if we believe these guidelines are not followed.

  • The link must be done in a way that is fair and legal and neither damages nor takes advantage of our reputation.
  • The link must not suggest any form of association, approval or endorsement on our part where none exists.
  • You must not establish a link from any website that is not owned by you.
  • The website must not be framed on any other site.
  • The link must be made to the home page only.

Links to other websites

Our website may contain links to sites not owned or operated by McGuckian Oils. These links are not intended to be referrals or endorsements of the linked sites and McGuckian Oils provide them for your convenience only. McGuckian Oils are not responsible or liable for any part of the linked site including any information presented or security or other functionality of these websites. You should familiarise yourself with the terms and conditions and privacy policy of the linked site.

Copyright, Trade Mark and other Intellectual Property Rights

Except as otherwise expressly noted, all images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the website as well as the selection, arrangement and organisation of the foregoing and the website as a whole (collectively “Content”) are subject to copyright, trade mark, service mark, trade dress and/or other intellectual property rights or licences and rights of publicity and privacy, all worldwide rights, titles and interest in and to which are owned by, licensed or which may otherwise be used by McGuckian Oils or our suppliers. All software used on this website is the property of McGuckian Oils, its suppliers or third party suppliers as applicable and is protected by Irish and international copyright and other intellectual property laws.

Subject to these Terms and Conditions, McGuckian Oils grants a non-exclusive, non-transferable, limited right to access and use this website and the materials displayed thereon. However, no right, title or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.

Guidelines for use

  • You may print off a copy, and may download extracts, of any page(s) from the website for your personal reference and you may draw the attention of others within your organisation to material posted on the website.
  • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way from the website, and you must not use any illustrations. photographs, video or audio sequences or any graphics separately from any accompanying text.
  • Our status (and that of any identified contributors) as authors, owners or licensees of material on the website must always be acknowledged.
  • You must not use any part of the content on the website for commercial purposes without obtaining a licence to do so from us.
  • If you print off, copy or download any part of the website in breach of these terms and conditions, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of materials you may have made.
  • McGuckian Oils reserves the right to claim damages, financial or otherwise, for any breach of these guidelines.

Submission and uploading material to our website

Other than personal information which is subject to our Privacy Policy, all comments, blogs, feedback, suggestions, ideas, original materials such as stories, artwork, computer code or product and marketing ideas and any other submissions disclosed, submitted or offered to McGuckian Oils or through the website or otherwise disclosed, submitted or offered by you to us (collectively “Submissions”) shall be and remain the property of McGuckian Oils. Such disclosure, submission or offer of Submissions and your agreement to these Terms and Conditions shall constitute an assignment to McGuckian Oils of any intellectual property rights.

You warrant that any Submissions comply with those standards, and you indemnify us for any breach of that warranty. As such McGuckian Oils will own exclusively all such rights, titles and interests and shall have the right to use, reproduce, create derivative works based upon, disclose, publish, distribute, display and publicly perform, any Submissions and not be limited in any way in its use, commercial or otherwise of any Submissions. Further, McGuckian Oils shall be under no obligation to maintain any Submissions in confidence, pay to users any compensation or royalties for any Submissions or provide attribution to any users for any Submissions. McGuckian Oils shall have no obligation to keep confidential, use, return or review any Submissions.

McGuckian Oils will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other use of the website.

Social Media House Rules

The McGuckian Oils Social Communities have been created with you in mind. We want to show you what we’re doing and communicate with you on things that interest you and at the same time provide a channel where you can engage and interact with others who have similar interests to you.

That being the case we want everyone to feel comfortable visiting our social pages (Facebook) to discuss home heating oil. This means we monitor and review comments and remove anything that we deem to be inappropriate, offensive or contain external links that we feel might cause offense to other users. If you post something that is relevant then it will be left.

Comments left by others do not represent the opinions of McGuckian Oils.

A list of things that we consider to be in breach of our house rules includes:

1. Any comments which we consider threatening, harassing, abusive, violent, inciting violence or otherwise inflammatory to others (including other social media users) will be removed and users may be banned.

2. Any posts that are seen to be encouraging or may encourage conduct that would be considered a criminal offence will be removed and users may be banned.

3. Any comments that are discriminatory, racist, sexually explicit, vulgar, or offensive to others (including other social media users) will be removed and users may be banned.

4. Any comments that contain unlawful content or might encourage unlawful behaviour will be removed and users may be banned.

5. Any comments that included promotional information, including links to third parties or their products or services may be removed.

6. Any comments that contain political or religious activism or sectarian language will be removed.

7. Any content that infringes or may infringe third party intellectual property, privacy, or publicity rights will be removed.

8. Any content, comments or posts that are defamatory will be removed.

9. False, fraudulent, or misleading comments may be removed.

10. Any content that McGuckian Oils considers to be spam, corrupt or may contains viruses that will be harmful to other users devices will be removed.

Legal Clauses

Disclaimer of Liability

The website, its content, any material displayed on this website, any information available on or through this website and the software is provided “as is” and “as available” and without any guarantees, conditions or warranties of any kind, either express or implied, as to its accuracy to the fullest extent permitted pursuant to applicable laws.

Unless expressly stated to the contrary, to the fullest extent permitted by law, McGuckian Oils and its suppliers, content providers and advertisers will not be liable in contract, tort, (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or grossly negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for:

  • Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings) or
  • Any loss of goodwill or reputation or
  • Any special or indirect losses suffered or incurred arising out of or in connection to this website or the linked sites and any materials posted thereon or
  • Any failure of a product ordered from the website to meet your expectations regarding fitness for purpose or for loss, injury or damage caused by a produce ordered online

McGuckian Oils does not represent or warrant that your use of the website, or the operation or function of the website or any services offered in connection with the website will be uninterrupted or error free; that defects on the website will be corrected; or that the website or its server or any links are free of viruses or other harmful elements. McGuckian Oils makes no representations or warranty that the website, materials, software or any product offered or purchased through the website is applicable or appropriate for use or access in locations outside the Republic of Ireland.

Although this website is available worldwide, not all products or services discussed or referenced are available to all persons in all geographic locations in Ireland as McGuckian Oils is not represented in all Counties. McGuckian Oils reserves the right to limit at its sole discretion supply of fuel oil and services as it so desires and any offer of any product or service on the website for these geographic locations shall be void where prohibited.

Nothing in these Terms and Conditions shall limit McGuckian Oils’s liability for death or personal injury arising from gross negligence, nor for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor for any other liability which cannot be excluded or limited by law.

McGuckian Oils will not be responsible for a failure to sell goods which you wish to buy or failure to comply with our obligations to you or any costs or liabilities which you incur as a result of circumstances beyond our reasonable control.

Indemnity

You agree to indemnify, defend and hold harmless McGuckian Oils’s directors, officers, employees, consultants, agents and affiliates, from any and all third-party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this website or your breach of these Terms and Conditions.

Variation

McGuckian Oils shall have the right in our absolute discretion at any time and without notice to amend, remove or vary the service and/or any page of this website.

Invalidity

If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected. All other terms will remain in full force and effect. So far as possible where any term or part of a term can be severed or removed to render the remaining part valid, the term shall be interpreted accordingly. Alternatively, you agree that the term shall be rectified and interpreted in such a way that closely resembles the original meaning and intent of the term as is permitted by law.

Assignment

Any contract arising from the acceptance by McGuckian Oils of an order is legally binding on both parties and cannot be assigned to another party with McGuckian Oils express agreement. McGuckian Oils may transfer or assign its rights under any contract or appoint third parties to assist it in performing its obligations at any time provided it does not affect it obligations to the purchaser.

Waiver

If you breach these Terms and Conditions and we take no action, McGuckian Oils will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction

These Terms and Conditions are to be construed in accordance with the laws of the Republic of Ireland and, in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Irish courts.

Entire Agreement

The above Terms and Conditions and any emails regarding the services McGuckian Oils provides constitute the entire agreement of the parties (McGuckian Oils and the customer) and supersede any and all preceding and contemporaneous agreements between you and McGuckian Oils. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of McGuckian Oils.