Terms and Conditions
CO2 YOU SALES TERMS
Please read the following important terms and conditions before you purchase any products from us.
-
These terms
-
What these terms cover. These terms and conditions of sale apply whenever you order any products through our website www.co2you.com (the "Website").
-
Read these terms carefully. Please read these terms carefully and print a copy for your future reference. By ordering any products from us, you agree that you have read and agree to these terms, the Privacy Policy and Cookie Policy (each as amended from time to time). If you do not agree to these terms, you must not order any products from us.
-
Changes to these terms. We reserve the right to change these terms at any time. Any amendments to these terms shall be effective exclusively for all new orders submitted following the publication of the amendment on our Website (except for any minor changes that reflect changes in relevant laws and regulatory requirements or which relate to minor technical adjustments or improvements, which will also apply to existing orders). Please check the terms posted on our Website before completing your order.
-
Changes to a Subscription. Where we make changes to the terms that have a material impact on your Subscription, we will notify you, and if you do not agree with the changes, you may end your Subscription by following the steps set out in paragraphs 9 and 10.
-
-
About us and how to contact us
-
Who we are. We are CO2 You Limited (referred to in these terms as “CO2 You” “we”, or “us”) a company registered in England and Wales. Our company registration number is 13008341 and our registered office is at 124 City Road, London, England, EC1V 2NX. Our registered VAT number is 0370918580.
-
How to contact us. You can contact us by email – Refill@co2you.com or telephone us on 020 3026 5698. We may record calls for quality and training purposes.
-
How we may contact you. If we have to contact you, we will do so by telephone, by SMS or WhatsApp (or another messaging platform) or by writing to you at the email address or postal address you provided to us in your order.
-
-
ABOUT YOU
-
Requirements. By ordering any products from us, you confirm that you are ordering products for delivery in the United Kingdom and are aged 18 years or over. You must not order any products from the Website if this is not the case and we reserve the right, in our sole discretion, to refuse to accept your order.
-
-
Our products
-
We supply different types of products and different terms may apply to them.
-
We provide gas cylinders as part of a refill subscription (a “Subscription”). Where you purchase gas cylinder refill products as part of a Subscription, additional terms will apply as explained below.
-
We also sell carbonation equipment, accessories and in some circumstances filled gas cylinders. If you are making a one-off purchase of any of these products, the terms which refer to Subscriptions will not apply to your purchase.
-
-
We will continue to own the gas cylinders provided to you unless we specifically tell you that you will own them. Where you order a gas cylinder refill product from us, we will make the gas cylinder available to you as a means of transporting and storing the gas supplied. These terms do not provide you with title (ownership) in the cylinder unless we specifically tell that you that you will own the cylinder (in which case paragraph 8.E will apply). We work on a trust basis and do not take a deposit for the cylinders. Should you no longer require use of the cylinders we ask that you arrange to return the cylinders to us by contacting us using the contact details set out in paragraph 2.B within 5 days of cancelling your Subscription. We ask that you keep the cylinders stored in accordance with the storage instructions supplied to you.
-
Products and packaging may vary slightly from their pictures. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products and/or packaging. Products and/or packaging may vary slightly from these images.
-
Variance in products. Due to the nature of some of the products sold through the Website, there may be up to a 5% variance in the refill quantity and weight of our gas refill cylinders - between the actual cylinder you receive and the description.
-
Compatibility of our gas cylinder products. We supply different gas cylinder products designed to be compatible with different types of equipment. Please ensure that you check the compatibility of our cylinders with your equipment before placing an order. You are responsible for ensuring that you order gas cylinders which are compatible with your equipment. We are unable to guarantee the compatibility of our gas cylinders to the equipment you have if you do not purchase the correct gas cylinder product. We therefore recommend that Please do contact us using the contact details set out at the beginning of these terms if you require assistance.
-
Personal use only. You acknowledge that any products ordered are intended for your own personal use and that you will not resell the products to any other persons.
-
Have you purchased our gas cylinders from elsewhere (such as Amazon)? Pop us an email as we offer a small credit fee for each cylinder you are returning to us. We cannot offer credit for other brands of cylinders, but we can recycle these for you.
-
-
HOW TO ORDER PRODUCTS
-
Placing your order. If you are placing an order online, our shopping pages will guide you through the steps you need to take to place an order with us, including if your order includes a Subscription. You may choose the products by clicking on the “add to cart” option. Before submitting your order you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
-
Acknowledging receipt of your order. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
-
How we will accept your order. Our acceptance of your order will take place when we dispatch the product(s) to you (or the first shipment of your Subscription), at which point a contract between you and us will come into existence.
-
If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for any product(s) you have ordered. This might be because: (i) the product(s) is out of stock; (ii) we have identified an error in the price or description of the product(s); (iii) of our inability to obtain authorisation for your payment; (iv) of unexpected limits on our resources which we could not reasonably plan for; or (v) because you are located outside our delivery areas, as stated on our Website.
-
Where the concluded contract will be stored. You may access your order by logging into your online account.
-
Our contracts are only in English. The languages used for concluding the sale contracts are English only.
-
-
Our rights to make changes
-
Minor changes to the product(s). We may change the product(s):
-
to reflect changes in relevant laws and regulatory requirements; and
-
to implement minor technical adjustments and improvements, for example to address a safety issue. These changes will not affect your use of the product(s).
-
-
More significant changes to products. In addition, we may make certain changes to products, but if we do so we will notify you and you may then contact us to end the contract and receive a refund for amounts you have paid (if it is the case that you are yet to receive the product(s).
-
-
Price and payment
-
Where to find the price for products. The price of the products (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 products advised to you is correct. However please see paragraph 7.D for what happens if we discover an error in the price of the product(s) you order.
-
Ongoing payment for Subscriptions.
-
Paying for deliveries under your Subscription. The price for each delivery of gas cylinder refill products under the Subscription (which includes VAT and the cost of delivery) will be the price indicated to you during the order process when you request a delivery of gas cylinder refill products under your Subscription. You must pay this amount each time you request a delivery of gas cylinder refill products under your Subscription, which must be at least every four months.
-
If you do not order gas cylinder refill products under your Subscription for four months or more. If you choose not to request a delivery of gas cylinder refill products and it has been more than four months since your previous delivery, you will instead need to pay a pro-rated monthly fee (calculated by dividing the cost of a delivery of gas cylinder refill products under the Subscription by four to determine the monthly fee) (an “Extension Fee”), starting four months after your previous delivery and continuing until you choose to request a new delivery of gas cylinder refill products or cancel your Subscription.
-
-
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product(s), we will adjust the rate of VAT that you pay, unless you have already paid for the product(s) in full before the change in the rate of VAT takes effect.
-
What happens if we got the price wrong. 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 products provided to you.
-
When you must pay and how you must pay. We accept most major credit and debit cards (please see the list provided on the Website). You must pay for the product(s) when you complete your order or, where you have a Subscription, when you confirm you are ready for the next delivery of products. If you have been charged an Extension Fee, you must pay, and we may take payment of, the Extension Fee as soon as it has been incurred.
-
Promotional offers. From time to time, we may offer promotional discounts and offers on our products. All promotions are subject to separate terms and conditions displayed on the Website.
-
-
DELIVERY
-
Delivery costs. Delivery costs vary depending on what you purchase. Delivery costs are set out on the Website and will be confirmed to you before placing your order. Please note there is a delivery surcharge for deliveries to certain hard to reach areas such as the Islands and Highlands.
-
When we will deliver the product(s). We will deliver the product(s) to you at the address and within the time frame indicated to you during the order process. Delivery shall be made only to persons of legal age, and you acknowledge that any person at the delivery address shall be authorised to take delivery.
-
Delivery time slots. We request that you be available at home at the time of your scheduled delivery, as delivery cannot take place unless you are available to receive your product(s). The courier will provide a one-hour time slot, so you won't have to wait around all day. If the provided delivery time is inconvenient for you, their tracking link will offer an option to change the delivery day. If you miss a delivery, the courier may attempt to redeliver up to two times before returning the product(s) to us. If the courier returns your product(s) to us because delivery has been unsuccessful, you will need to contact us to arrange redelivery, which may incur an additional delivery charge.
-
When you become responsible for the product(s). The product(s) will be your responsibility from the time we deliver the product(s) to the address you gave us.
-
When you own the product(s). For most products (except our gas cylinders), you own the product(s) once we have received payment in full. For gas cylinders however, we retain ownership at all times except where we specifically tell you otherwise.
-
We are not responsible for delays outside our control. If our supply of the product(s) is delayed by an event outside our control, 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 product(s) you have paid for but not received.
-
-
your subscription
Where you purchase a Subscription for gas cylinder refill products, this paragraph 9 explains how your Subscription will renew and how you may cancel your Subscription.
-
Your Subscription continues whilst you place orders for gas cylinder refill products under it.
-
There is no fixed minimum term to your Subscription and you may cancel it at any time following the process set out at paragraph 9.C.
-
Each set of gas cylinder refill products provided under your Subscription are provided to you for use over a period of up to four months and are then due to be returned to us. You can request another order of gas cylinder refill products at any time within four months of your previous order. Your Subscription will automatically renew each time you request delivery of gas cylinder refill products from us under your Subscription.
-
You will need to request delivery of gas cylinder refill products at least once every four months under your Subscription. If you have not ordered another gas cylinder refill product under your Subscription four months after your previous order, we will contact you to remind you to place another order under your Subscription. If you do not wish to place another order at that time, you can choose to extend the period before you place another order by paying an Extension Fee (as explained at paragraph 7.B.B above) or you can cancel your Subscription under paragraph 9.C.
-
We will send you a reminder by email, SMS or WhatsApp that you are due to order another gas cylinder refill product under the Subscription (and therefore renew your Subscription) approximately 7 days before your current gas cylinder refill products are due to be returned. Any reminder we send you will set out important information relating to the renewal of your Subscription, including (1) the renewal date; (2) when you will need to place an order and pay for further gas cylinder refill products and the amount you will have to pay; (3) any changes to the price; and (4) a reminder about how to cancel or amend your Subscription.
-
You can manage your Subscription on the Website. You can visit the portal within your online account to review and make changes to your Subscription, including to change delivery details and to change the number of gas cylinder refills covered by your Subscription. You can also contact us using any of the methods described in paragraph 2.B above.
-
Cancel your Subscription at any time. In addition to your 14 day legal right to cancel your Subscription, we offer a more generous right and allow you to cancel your Subscription for any reason at any time. The consequences of cancellation vary depending on when you cancel the Subscription and whether you have received any gas cylinder refill products already. You can cancel using any of the methods described at paragraph 10.C.
-
How to arrange return of your used gas cylinder under your Subscription.
-
Returning used gas cylinders whilst your Subscription is live. If you are continuing with your Subscription, we will arrange for the collection of your used gas cylinders at the same time that your gas cylinder refills are delivered. Our courier will not be able to deliver your new gas cylinder refills unless you provide your used gas cylinders for the courier to return to us.
-
Returning used or full gas cylinders because you are ending your Subscription or where we have cancelled your Subscription. If this is the case, please follow the instructions explained at paragraph 10.C.
-
-
CANCELLING YOUR ORDER
-
Your 14-day legal right to change your mind. For most products bought online, you have a legal right to change your mind and cancel your order within 14 days and receive a refund of what you paid for it. This is subject to some conditions, as set out below.
-
The deadline for changing your mind and cancelling your order. If you change your mind about an order, you must let us know no later than 14 days after the day you (or someone you nominate) receives the product(s). This paragraph 10.B does not apply to Subscriptions.
-
How to cancel and return products to us. To cancel your order because you have changed your mind or because you wish to cancel a Subscription under paragraph 9.C, please contact us using the contact details set out at the beginning of the terms and we will get in touch to explain how you can return your products to us. Alternatively, you may use the cancellation form provided at the end of these terms and contact us at refill@co2you.com to arrange the return of the product(s) to us.
-
How long do you have to return the product(s)? You have to return products within 14 days of you telling us you have changed your mind.
-
Cost of return. You will be responsible for the cost of returning the product(s) to us (except where the product(s) are empty gas cylinders are being returned as part of an ongoing Subscription as explained under paragraph 9.D). Please note if you choose to return via your own postal method rather than using the returns process on the Website, your refund may take longer to process.
-
When and how we will refund you if you are cancelling an order. If your order relates to products that haven't been delivered, we will refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your order relates to products that you're sending back to us, we will refund you within 14 days of receiving them back from you or, if earlier, 14 days after the day you provide evidence that you have returned the products to us. We will refund you by the same method you used for payment. We don't charge a fee for the refund. If you choose to cancel a Subscription and your cancellation is outside the period of your 14-day legal right to change your mind, you will be able to cancel but will not be entitled to a refund.
-
What we will refund you. Subject to certain deductions, as explained further below, if you cancel your order, we will reimburse to you all payments received from you, including, for products, the cost of delivery (except for supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us).
-
Deductions from refunds. We may reduce your refund (excluding delivery costs) to reflect any reduction in the value of the product(s), if this has been caused by your handling them in a way which would not be permitted in a shop. For example, we will not refund you for the cost associated with any gas cylinders which have been opened or partly or wholly used.
-
-
YOUR RIGHTS IF THERE IS SOMETHING WRONG WITH THE PRODUCT(S)
-
How to notify us. We pride ourselves in delivering a great customer experience. In the unlikely event there is something wrong with your product(s), please email our customer service team: refill@co2you.com or telephone us on 020 3026 5698. Please kindly share your order number and explain the issue(s).
-
Your legal rights. We honour our legal duty to supply our products in conformity with this contract. Nothing in these terms will affect your legal rights. For detailed information of these rights, please visit the Citizens Advice website at www.citizensadvice.org.uk or call 03454 04 05 06.
-
Your legal remedies. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods, if those goods are faulty, you may have legal rights under the Consumer Rights Act 2015.
-
You must follow the instructions provided to you. You must follow the instructions provided with the product regarding usage, maintenance, installation, storage and general compatibility as incorrect use may affect your right to a refund.
-
-
YOUR RIGHTS TO CANCEL IF WE ARE AT FAULT
-
Your rights to cancel when we are at fault: If we have agreed that you are ending the contract for reasons described in this section, the contract will end immediately, and we will refund to you any sums you may have already paid us subject to any deductions in relation to used products as explained at paragraph 10.G. To end your contract in these circumstances, please get in touch with our customer service team via email: refill@co2you.com. Where a refund is owed, we will make any refunds due to you within 14 days. Unless otherwise agreed with you, we will refund you using the same method you used for payment. The reasons for cancellation are:
-
we have told you about an upcoming change to the product(s) or these terms which you do not agree to;
-
we have told you about an error in the price or description of the product(s) you have ordered, and you do not wish to proceed;
-
there is a risk that supply of the product(s) may be significantly delayed because of events outside our reasonable control;
-
we have suspended supply of the product(s), or notify you that we are going to suspend them; or
-
you have a legal right to end the contract because of something we have done wrong.
-
-
-
Our rights to end the contract
-
When we can end the contract with you. We may end the contract at any time by writing to you if:
-
you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
-
you break any of the terms of our agreement and do not put things right in a reasonable time;
-
you seriously misuse the products we supply or break our agreement in a way that cannot be put right;
-
you use the products for the purposes of your trade, business or profession;
-
we are unable to fulfil the order, for example because a product becomes unavailable; or
-
our carrier returns the product(s) to us because they are unable to deliver the product(s) to you.
-
-
Refunds and deductions following cancellation. If we end the contract in the circumstances set out above, we will refund any money you have paid in advance for the product(s). Where we have cancelled the contract because of something you have done, we may deduct or charge you reasonable compensation for the net costs we will incur because of you breaking the contract.
-
-
Our responsibility for loss or damage suffered by you
-
We are responsible for losses you suffer caused by us breaking this contract, unless the loss is:
-
Unexpected. If we fail to comply with the 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 it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen (i.e. if you discussed it with us during the order process).
-
Caused by a delaying event outside our control. As long as we have taken the steps set out under paragraph 8.F, we are not responsible for delays outside of our control.
-
Avoidable. Something you could have avoided by taking reasonable action.
-
A business loss. We only supply the product(s) under the terms for domestic and private use. If you are ordering the product(s) 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.
-
-
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 product(s) (as summarised at paragraph 11.4); and for a defective product under the Consumer Protection Act 1987.
-
-
How we may use your personal information
How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
-
Other important terms
-
Ownership of intellectual property rights. We and our suppliers still own any intellectual property rights associated with the products, so you will not own any rights in them by using the products.
-
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. If you have an outstanding order with us we will contact you to let you know and you are unhappy with the transfer you may contact us to end the contract and we will refund you any payments you have made in advance for products not provided.
-
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
-
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
-
If a court finds part of this contract illegal, the rest will continue in force. 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.
-
Even if we delay in enforcing this contract, we can still enforce it later. 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.
-
Which laws apply to this contract and where you may bring legal proceedings. If you are a consumer: 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. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms, including this clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
-
Alternative dispute resolution if you are a consumer. Under the Consumer Credit Act, if you make a purchase from the Website using credit (e.g. credit card) and the cost of your purchase is between £100 and £30,000, you have additional protections if your complaint with us remains unresolved. Please contact your credit card provider to find out more.
-
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Co2 You Limited Email: [refill@co2you.com] Telephone: 020 3026 5698.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
© Crown copyright 2013.