TERMS AND CONDITIONS
This page tells you the terms and conditions (these Terms and Conditions) on which the services (the Services) listed on [www.dewargasservice.ie] (the Website) are provided.
Please read these Terms and Conditions carefully before ordering any Services from this Website.
You should print a copy of these Terms and Conditions if you order any Services from this Website for your reference.
1. INFORMATION ABOUT US
DeWAR Gas Service, a company registered in the Republic of Ireland at 68 Rathgar Avenue, Rathgar, Dublin 6, D06KN53. We operate this Website.
2. SERVICE AVAILABILITY
Orders may be placed from anywhere in Republic of Ireland.
3. YOUR STATUS
By placing an order through this Website, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
4. HOW THE CONTRACT IS FORMED
4.1 You may place an order to purchase Services through this Website (your Order).
4.2 Your Order constitutes an offer to purchase Services from DeWAR Gas Service in accordance with these Terms and Conditions.
4.3 No contract will exist until DeWAR Gas Service confirms acceptance of your Order. DeWAR Gas Service will confirm acceptance of your Order by sending you an email acknowledging receipt and confirming the details of your Order (the Confirmation Email).
If you do not receive this confirmation email please check your spam folder or junk mail folder, as the emails sometimes go into them.
4.4 The contract for the performance of the Services in respect of which you have placed your Order is between you and DeWAR Gas Service (the Contract).
4.5 Payment in respect of your Order is made to DeWAR Gas Service.
4.6 Please thoroughly check all of the details that you have inputted before you confirm your Order e.g. name of recipient and recipient address.
5. AVAILABILITY AND DELIVERY
The Service is an on-demand service and DeWAR Gas Service will endeavor to fulfil your Order at the time and date set out in the Confirmation Email.
6. OUR STATUS
6.1 Please note that DeWAR Gas Service operates the Website.
6.2 The only contract arising as a consequence of the acceptance of your Order is the
Contract.
7. PRICE AND PAYMENT
7.1 The price of the Services (the Price) will be as quoted on this Website from time to time except in cases of obvious error. The Price includes value added tax.
7.2 The Price is liable to change at any time but subject to clause 9.6 changes will not affect your Order if DeWAR Gas Service has already sent you a Confirmation Email.
7.3 We make every effort to ensure that prices quoted on this Website are accurate in all material respects. However, it is always possible that the Services may be incorrectly priced by us.
7.4 DeWAR Gas Service will normally verify the Price as part of the confirmation procedure so that where the Price is less than the price quoted on this Website you will be charged the lower amount.
7.5 If the Price is higher than the price quoted on this Website, DeWAR Gas Service will, at its discretion, either contact you for instructions before processing your Order or reject your Order and notify you of such rejection in which case you will be entitled to a refund.
7.6 DeWAR Gas Service is under no obligation to provide the Services at an incorrect (lower) price, even after you have been sent a Confirmation Email, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.
7.7 In the event that your Order is accepted but cannot be fulfilled because of any event outside of the DeWAR Gas Service reasonable control including force majeure events, you hereby acknowledge and agree that DeWAR Gas Service will be entitled to its reasonably incurred costs and expenses (as determined by DeWAR Gas Service acting reasonably) which it is entitled to set off against any monies paid by you in respect of the Services and you will thereafter be entitled to a refund of the balance.
7.8 Payment must be made by credit or debit card. We accept payment with Visa, Visa Debit, Visa Electron, Mastercard, Maestro and Laser.
9. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications that are sent to you in relation to your Order should be in writing. When using this Website, you accept that such communication will be mainly electronic.
DeWAR Gas Service will contact you by e-mail. We may provide you with information by posting notices on this Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10. NOTICES & COMPLAINTS
All notices given by you must be given to DeWAR Gas Service. Complaints may be made to DeWAR Gas Service at the address specified in the Confirmation Email.
11. TRANSFER OF RIGHTS AND OBLIGATIONS
11.1 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it.
11.2 DeWAR Gas Service may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any rights or obligations arising under it, at any time during the term of the Contract.
12. WAIVER
12.1 If we fail to insist upon strict performance of any of your obligations under any of these Terms and Conditions, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
12.2 If DeWAR Gas Service fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or if DeWAR Gas Service fails to exercise any of the rights or remedies to which it is entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
12.3 A waiver by DeWAR Gas Service of any default will not constitute a waiver of any subsequent default.
12.4 No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.
13.5 No waiver by DeWAR Gas Service of any of the Conditions of Carriage will be effective unless it is expressly stated to be a waiver and is communicated to you in writing by the DeWAR Gas Service.
14. SEVERABILITY
If any of these Terms and Conditions (including, for the avoidance of doubt, the Conditions of Carriage) or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. DATA PROTECTION
15.1 You hereby agree and consent that personal data within the meaning of the Data Protection Acts 1988 to 2003 provided by you:
(a) may be disclosed to DeWAR Gas Service and their staff who may be engaged in activities that include the fulfilment of your Order, the processing of your payment details and the provision of support services in connection with your Order; and
(b) may be used by the engineers in order to carry out functions necessary to the fulfilment of your Order, the processing of your payment details and the provision of support services in connection therewith, and that a engineers may contact you, where necessary, in this regard.
15.2 For the avoidance of doubt, the placing of an order for any Services by you will constitute consent:
(a) to us passing on personal data within the meaning of the Data Protection Acts 1988 to 2003 to a engineer;
(b) to a engineers using that information for the purpose specified under clause 15.1(b); and
(c) to a engineers contacting you where necessary in that regard.
16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
16.1 We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
16.2 You will be subject to these Terms and Conditions unless any change is required to be made to these Terms and Conditions by law or governmental authority (in which case it will apply to orders previously placed by you) or if we notify you of the change to these Terms and Conditions before we send you the Confirmation Email (in which case DeWAR Gas Service have the right to assume that you have accepted the change to these Terms and Conditions, unless you notify DeWAR Gas Service in accordance with clause 10, to the contrary).
17. LAW AND JURISDICTION
17.1 Contracts for the purchase of Services through this Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Irish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of the Republic of Ireland.
