These terms and conditions tell you information about Ryval Gas and the legal terms and conditions upon which we sell products listed on Ryval Gas’ website to you. Please note that before placing your order you will be asked to agree to these terms.
Please read them carefully and make sure you understand them before ordering any Goods and/or Gas from Ryval Gas’ website.
If you are a consumer, you have legal rights in relation to any Goods and/or Gas that are faulty or not as described. Advice about your legal rights is available from the Citizens' Advice Bureau or Trading Standards Institute. Nothing in these terms will affect these legal rights.
Please note that you may only purchase Gas from this website if you are at least 18 years old.
For the purposes of these terms and conditions, the following terms shall have the meaning set out below:
"Business Customer" means any customer acting in the course of a business, profession or trade;
"Consumer" means a natural person acting outside of the course of a business, profession or trade;
“Controller” (or data controller), “Processor” (or data processor), “Data Subject”, “Personal Data” and “processing” all have the meanings given to those terms in DP Laws (and related terms such as “process” shall have corresponding meanings);
"Cylinder" means any cylinder or other storage vessel provided by Ryval Gas (but not sold) to the Customer in which Gas is stored;
"Contract" means any contract between us for the sale of Goods and/or Gas by Ryval Gas to you;
"Customer" or "you" means the individual, partnership or company entering into a Contract with Ryval Gas;
“DP Laws” means any law relating to the processing of Personal Data, as applicable to Ryval Gas, you and/ or the Services, including: (i) the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any laws or regulations implementing Council Directive 2002/58/EC (“ePrivacy Directive”); and/or (ii) the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) and any corresponding or equivalent national laws or regulations, once in force and applicable, and/or (iii) any laws that replace, extend, re-enact, consolidate or amend any the foregoing; and/or (iv) any judicial or administrative interpretation of such DP Laws, and any mandatory guidance, guidelines or codes of practice relating to such DP Laws.
"Gas" means any gas or gas mixture supplied by Ryval Gas to the Customer including liquefied, solidified, compressed or dissolved gas;
"Goods" means any goods or materials sold by Ryval Gas to the Customer, excluding all Gas;
“Processing Purposes” means the purposes set out in our Privacy Statement a copy of which is available at https://www.ryvalgas.co.uk/page/privacy-statement,or which we may provide to you by another method depending on the way that you are contracting with us.
"Ryval Gas", “we" or “us" means Ryval Gas Limited (company number 03627326) whose registered office is at 10 Priestley Road, Surrey Research Park, Guildford, Surrey, GU2 7XY.
How the Contract is Formed Between You and Us
- The steps required to create the contract between you and us are as follows:
- You place the order for the Gas and/or Goods on our site by pressing the “Confirm Order” button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on our site;
- We will send you an order acknowledgement e-mail detailing the Gas and/or Goods you have ordered. However, please note that this does not mean that your order has been accepted;
- As your Gas and/or Goods are shipped from our warehouse, we will send you a despatch confirmation e-mail. Order acceptance and the completion of the Contract between you and Ryval Gas will take place when we send you a dispatch confirmation e-mail, unless we have notified you that we do not accept your order, or you have cancelled your order in accordance with these terms.
- Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
- If we are unable to supply you with Gas and/or Goods, for example because that product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Gas and/or Goods, we will refund you the full amount as soon as possible.
- These terms, and any contract between us, are only in the English language. We will not file a copy of the contract between us.
Gas and Goods
- The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products you may purchase. Your Cylinders and/or Goods may vary slightly from those images.
- All Gas and/or Goods shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Gas and/or Goods you have ordered are not available and we will not process your order if made.
- Whilst Ryval Gas has made every effort to ensure that details and information given on this site are accurate, full technical specifications are not necessarily included. Ryval Gas' policy is one of continuous improvement and we may alter details and information as the need arises. You should check any details and information you wish to rely on with Ryval Gas at the time of purchase.
- The Cylinder containing the Gas you purchase shall remain the property of Ryval Gas at all times and you shall not purchase the Cylinder itself. Your obligations with regard to the Cylinders are:
- to keep and return the Cylinders in a clean and serviceable condition. If they are not, you will forfeit the deposit and you may be liable under clause 3(d) below;
- not to damage or destroy the Cylinders in any way. If they are damaged or destroyed we may not refund you all or part of the deposit and you may be liable under clause 3(d) below;
- not mortgage, pledge, sell or lend Cylinder to a third party;
- not part with possession of the Cylinder to a third party;
- not obliterate, remove or deface identification marks or notices on the Cylinder and/or alter or tamper with Cylinder;
- not attempt, or allow any other person to attempt, to refill the cylinder;
- to be responsible for the safety and condition of the Cylinder, including safe storage and handling as well as any equipment that you attach to the Cylinder.
- When you order Gas you will be charged a deposit as set out on our website for the usage of the Cylinder in which the Gas is stored. Other than as provided for in clauses 8 and 10 below, when you wish to return a Cylinder to Ryval Gas you should follow the links on our site to arrange for the Cylinder to be collected from you free of charge. When Ryval Gas has received the cylinder and checked it is in clean and serviceable condition Ryval Gas shall within 30 days refund you a proportion of the deposit calculated in accordance with clause 3(c) below. This will be paid to you via the method you originally used to purchase the relevant Gas. If you wish the deposit to be refunded to a different account you should contact Ryval Gas.
- When you order Gas you will be charged a deposit for the usage of the Cylinder in which the Gas is stored. The deposit allows you to use a Cylinder (the original or any subsequent refills) for a maximum period of 5 years from the date you received the original Cylinder and then the Cylinder (or any subsequent refill) must be returned. When you return the Cylinder to Ryval Gas in a clean and serviceable condition Ryval Gas will refund you a proportion of the deposit. The amount of deposit refunded to you will depend upon how quickly you return the Cylinder measured from the date you receive the original Cylinder (regardless of the date you receive any refill Cylinders) until the date that Ryval Gas receives the original Cylinder back or, if you have purchased refills, the date that Ryval Gas receives the last of any subsequent refill Cylinders back. The proportion of the deposit that may be refunded to you on the return of the Cylinder will be calculated as follows:
- 70% of the deposit if the relevant Cylinder is returned to Ryval Gas within 1 year;
- 60% of the deposit if the relevant Cylinder is returned to Ryval Gas within 2 years;
- 50% of the deposit if the relevant Cylinder is returned to Ryval Gas within 3 years;
- 40% of the deposit if the relevant Cylinder is returned to Ryval Gas within 4 years;
- 20% of the deposit if the relevant Cylinder is returned to Ryval Gas within 5 years; and
- 0% of the deposit if the relevant Cylinder is return to Ryval Gas after 5 years
- If you do not return the Cylinder within 5 years from the date of delivery of the original Cylinder (regardless of the date of delivery of any refill Cylinders) or fail to keep and return a Cylinder in a clean and serviceable condition, then Ryval Gas reserves the right to charge you a sum equal to (i) the cost of a new Cylinder if the Cylinder is not returned within 5 years from the date of delivery, is lost or is damaged beyond repair, or (ii) the cost of restoring the Cylinder to a clean and serviceable condition.
Prices and Payment Terms
- Prices for our Gas and/or Goods may change from time to time, but changes will not affect any order which we have confirmed with a dispatch confirmation e-mail.
- The price shown on Ryval Gas’ website of Gas and Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. You will be notified of the full price of the Gas and/or Goods including VAT (where applicable) before you place your order. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Gas and/or Goods in full before the change in VAT takes effect.
- Our site contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on our site may be incorrectly priced. If we discover an error in the price of the products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
- The price of Gas and/or Goods does not include delivery charges. Our delivery charges are as set out on our website and you will be made aware of the cost of delivery before you place your order for Gas and/or Goods.
- Payment for Gas and/or Goods shall be by debit card or credit card. Payment for the Gas and/or Goods and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
- If at any time Ryval Gas' costs change due to government action or to a change in the law, Ryval Gas reserves the right to adjust prices to take account of such change in its costs.
- Delivery will be completed when we deliver the Gas and/or Goods to the address you gave us. The Gas and/or Goods will be your responsibility from the completion of delivery.
- You own the Gas and/or Goods (but not the Cylinder) once we have received payment in full, including all applicable delivery charges.
- Ryval Gas will endeavour to fulfil your order by the estimated delivery date set out in the dispatch confirmation, unless there is an event outside our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.
- If you are a Business Customer, any time or date for delivery stated by Ryval Gas is an estimate only and Ryval Gas shall not be liable for the consequences of any delay. Furthermore, any failure by Ryval Gas to deliver or perform by any time specified shall not entitle you to terminate.
- If you are a Business Customer, no claim for damage in transit, shortage in Goods and/or Gas delivered against what was ordered, or loss of Gas and/or Goods will be accepted unless: (i) in the case of damage in transit or shortage in Gas, Cylinders and/or Goods delivered, a separate notice in writing is sent to the carrier concerned, and to Ryval Gas, within 14 days of the date of delivery of Gas, Cylinders and/or Goods; and (ii) in the case of non-delivery of Gas and/or Goods, this must be advised to Ryval Gas in writing within 14 days of invoice date. You will be liable for payment for Gas and/or Goods or for any damage to Cylinders if the above two conditions are not observed.
- We only deliver to addresses in the United Kingdom
- Ryval Gas warrants that:
All other implied warranties and conditions as to quality or description of Gas and Cylinders are excluded except to the extent that such exclusion is prevented by law.
- at the time of delivery the Gas is to the purity set out in the relevant Ryval Gas’ gas specification sheet; and
- Cylinders will be suitable for such storage of the Gas.
- Recommendations relating to the use of the Gas made by Ryval Gas in its technical literature or in response to a specific enquiry or otherwise are given in good faith, but no warranty is given by Ryval Gas as to the suitability of the Gas for any particular purpose.
- For Goods we provide a warranty that on delivery and for a period of 12 months from delivery, the Goods shall be free from material defects and at our option undertake to repair or replace such Goods or parts thereof which fail. However, this warranty does not apply in the circumstances described in clause 9(d).
- The warranty in clause 9(c) above does not apply to any defect in the Goods arising from:
- air wear and tear;
- wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- if you fail to operate or use the Goods in accordance with the user instructions;
- any alteration or repair by you or by a third party who is not one of our authorised repairers; or
- any specification provided by you.
- You must notify Ryval Gas promptly with any details of the alleged any shortage, loss, damage or discrepancy in Gas, Cylinders and/or Goods and you must give Ryval Gas opportunity to inspect them. If Ryval Gas so requests, you must contact Ryval to arrange the return the Gas, Cylinders and/or Goods promptly carriage paid by you (and details of carriage notified to Ryval Gas in advance). If the Gas, Cylinders and/or Goods supplied by Ryval Gas are found to be defective, Ryval Gas undertakes to refund your reasonable expenses incurred in returning them to Ryval Gas.
- Ryval Gas may at its option elect to refund or forgo the contract price and take back the Gas, Cylinders and/or Goods supplied in full satisfaction of any liability or obligation under clause 6(a).
Our Liability if you are a Consumer
- This clause 7 only applies if you are a Consumer.
- If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
- We only supply the Gas, Cylinders and/or Goods for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
Consumer Right of Return and Refund
- This clause 8 only applies if you are a consumer.
- If you are a consumer, you have a legal right to cancel your contract with Ryval Gas for the purchase of the Gas and/or Goods under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the Gas or Goods, you can notify us of your decision to cancel your contract with Ryval Gas and receive a refund. Advice about your legal right to cancel your contract with Ryval Gas under these regulations is available from the Citizens' Advice Bureau or Trading Standards Institute.
- However, this cancellation right does not apply in the case of any Gas and/or Goods which have a security seal which you have opened or unsealed. Gas must not have been withdrawn, valve seals must be intact and no contamination must have occurred. Any Gas and/or Goods returned to us should be in a new saleable condition, with original packaging and labels still attached.
- You have a period of 14 (fourteen) calendar days in which you may cancel, starting from the day the Gas and/or Goods is delivered in accordance with these terms
- To cancel your contract with Ryval Gas, please contact us by e-mail. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
- You will receive a full refund of the price you paid for the Gas and/or Goods and any applicable delivery charges you paid for but you will be responsible for the cost of us collecting the Gas or Goods (as set out in clause 8(i) below) which we may deduct from your refund. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8(e). If you returned the Goods and/or to us because they were faulty or mis-described, please see clause 8(g).
- If you have returned the Gas and/or Goods to us under this clause 8 because they are faulty or mis-described, we will refund the price of the defective Gas and/or Goods in full, any applicable delivery charges, and any reasonable costs you incur in returning the Gas and/or Goods to us.
- We refund you on the credit card or debit card used by you to pay.
- As the Gas and/or Goods were delivered to you:
- you must make the Gas, Cylinder and/or Goods available for return to us as soon as reasonably practicable. We will collect the Gas, Cylinder and/or Goods from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
- unless the Gas, Cylinder and/or Goods are faulty or not as described (in this case, see clause 8(g)), you will be responsible for the cost of us collecting the Gas, Cylinder and/or Goods from you. The charges payable in advance for collection of the relevant Gas, Cylinder and/or Goods are the same as the delivery charge you paid for delivery of your Gas, Cylinder and/or Goods and we may deduct the cost of us collecting the Gas and/or Goods from you from your refund; and
- you have a legal obligation to keep the Gas, Cylinder and/or Goods in your possession and to take reasonable care of the Gas, Cylinder and/or Goods while they are in your possession.
- Details of your legal right to cancel and an explanation of how to exercise it are provided in the e-mail sent to you confirming dispatch of your Gas and/or Goods.
- As a consumer, you will always have legal rights in relation to Gas and/or Goods that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these terms. Advice about your legal rights is available from the Citizens' Advice Bureau or Trading Standards Institute.
Our Liability if you are a Business Consumer
- This clause 9 only applies if you are a Business Customer.
- We only supply the Goods, Cylinders and/or Gas for internal use by your business, and you agree not to use the Gas, Cylinders and/or Goods for any re-sale purposes.
- Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987.
- Save as set out in this clause 9, Ryval Gas shall have no liability, howsoever arising. Notwithstanding any other provision of this Agreement, but subject to clause 9(c) Ryval Gas shall have no liability arising out of or in connection with these terms, howsoever arising, for any:
When used or referred to in this clause 9(d) the term "howsoever arising" shall cover all causes and actions giving rise to liability whether in contract, tort (including negligence), restitution, for breach of statutory duty, misrepresentation or otherwise.
- other loss or damage (whether direct or indirect); or
- loss of or damage to revenue, profits, savings, use, contracts, goodwill or business (whether direct or indirect); or
- consequential or indirect loss or damage.
- Ryval Gas accepts liability, to the extent that it results from breach of contract or Ryval Gas’ negligence in connection with supply of Gas, Cylinders and/or Goods, for losses, costs, expenses or damage up to a limit of an amount equal to the price paid for the affected Gas and/or Goods, for any one incident.
- Except as expressly stated in clause 6, we do not give any representation, warranties or undertakings in relation to the Gas, Cylinder and/or Goods. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Gas, Cylinder and/or Goods are suitable for your purposes.
Refunds and Returns for Business Customers
- This policy applies when a Business Customer wishes to return items because they are no longer required. This policy does not affect your statutory or contractual rights related to faulty or defective products.
- Proof of purchase will need to be established before a return can be accepted. In order to arrange a return please contact us. You will be responsible for the cost of us collecting the Gas, Cylinder and/or Goods. If the Gas, Cylinder and/or Goods is defective or faulty please see clause 10(g).
- You must contact Ryval Gas and request the return of the Gas, Cylinder and/or Goods within 14 calendar days of delivery. We will only accept the return of Gas if we are satisfied that Gas has not been withdrawn, the Cylinder valve seals are intact and that no contamination has occurred. We will only accept the return of Goods if we are satisfied that the Goods are in new condition with any packaging or containers undamaged.
- We cannot give any credit for part-full Cylinders. We may have to test the contents (quality and/or quantity) of a returned Cylinder to confirm Gas levels before any credit is given.
- All returns of Gas, Cylinder and/or Goods will be checked by Ryval Gas before any credit is given.
- Ryval Gas applies apply a restocking fee of 25% of the invoiced value of the Gas and/or Goods (exclusive of VAT, where applicable), so the credit will normally be 75% of the amount you have paid for the Gas and/or Goods returned. Credit is not given for delivery charges.
- Defective or faulty Gas and/or Goods returned under warranty pursuant to clause 6(e) will be inspected by Ryval Gas and Ryval Gas may decide to repair or replace the Gas and/or Goods or to refund the invoiced value of the Gas and/or Goods under clause 6(f).
- You must inform Ryval Gas within 14 days if your Gas and/or Goods is not delivered on the due delivery date set out in the email confirming dispatch of your Gas and/or Goods.
Events Outside our Control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event outside our reasonable control.
- Ryval Gas may terminate any Contract immediately on serving written notice (which may be by e-mail) to theCustomer, if the Customer:
- has any corporate action, application, order, proceeding or appointment or other step taken or made by or in respect of it for any composition or arrangement with creditors generally, winding-up other than for the purpose of a bona fide scheme of solvent reconstruction or amalgamation, dissolution, administration, receivership (administrative or otherwise) or bankruptcy, or if it is unable to pay its debts as they fall due, or if it ceases to trade or if a distress, execution or other legal process is levied against any of its assets which is not discharged or paid out in full within three business days or if any event analogous to any of the foregoing shall occur in any jurisdiction in which the Customer is incorporated, resident or carries on business; or
- fails to make any payment due to Ryval Gas; or
- is in material breach of any of its obligations under this agreement including, without limitation, those set out in clause 3(a).
- On termination of the Contract, Ryval Gas shall be entitled to the immediate return of all Cylinders. The Customer agrees to take all reasonable steps to assist us with recovery of the Cylinders. Where the Customer is not a Consumer the Customer irrevocably authorises Ryval Gas to recover such the Cylinders and for that purpose, to enter any sites, vehicle or other location of, or under the control of, the Customer. Where the Cylinder contains any Gas owned by the Customer credit will only be given for such unused Gas at Ryval Gas’ discretion.
- When you are acting as a consumer and you provide us with Personal Data or Personal Data is obtained by us, or on our behalf, from you in connection with the Agreement, we will handle this in accordance with our Privacy Statement a copy of which is available at https://www.ryvalgas.co.uk/page/privacy-statement, or which we may provide to you by another method depending on the way that you are contracting with us. Please ensure that you read our Privacy Statement before you provide us with your Personal Data.
- When you are acting other than as a consumer and you provide us with Personal Data or Personal Data is obtained by us, or on our behalf, from you (including from your employees, agents and other representatives) in connection with the Agreement (“Shared Personal Data”):
- you warrant and undertake that you will be responsible for ensuring that there is a lawful basis on which the Shared Personal Data can be processed, including in respect of the disclosure of Shared Personal Data to us and processing of Shared Personal Data by us in connection with the Processing Purpose and performance of our obligations under the Agreement;
- you warrant and undertake that you will be responsible for ensuring that appropriate privacy notices and/or policies, are communicated to the relevant Data Subjects which explain how the Shared Personal Data will be processed, including the fact that the Shared Data may be disclosed to us in connection with the Processing Purposes and performance of our obligations under the Agreement;
- we and you each agree not to do or permit anything to be done through act or omission which would cause the other to incur any liability under DP Laws; and
- we and you each agree to comply with DP Laws at all times in respect of the processing of the Shared Personal Data.
Other Important Terms
- We reserve the right to change and update these terms from time to time, and such amended terms will apply to all future orders and contracts you conclude with us. We recommend that you revisit our website regularly to keep informed of the current terms that apply to your transactions with us.
- Any contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
- Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- These terms are governed by English law. This means that a contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. If you are a Business Customer we both agree to the exclusive jurisdiction of the courts of England and Wales. If you are a Consumer customer the courts of England and Wales will have non-exclusive jurisdiction, meaning that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
- We may transfer our rights and obligations under a contract with you to another organisation but this will not affect your rights or our obligations under these terms.
Information about Ryval Gas
- This website is owned and operated by Ryval Gas Limited. Ryval Gas Limited is a company whose company number is 03627326 and whose registered office is at 10 Priestley Road, Surrey Research Park, Guildford, Surrey, GU2 7XY. Ryval Gas’ registered VAT number is 728621623.
- If you want to ask Ryval Gas anything about the Goods, Gas, these terms, the website or otherwise please contact us here.