Terms and conditions

These Terms and Conditions govern the purchase, pickup, delivery, possession, transport, storage, installation, connection, use and any participation in the swap program for the cylinders and products sold by Gas Mercaful (hereinafter, the “Provider”). By making a purchase, receiving a cylinder or collecting it from an establishment, the customer declares that they have read, understood and fully accepted these terms.

1. Mandatory inspection and acceptance

Before leaving the establishment, the customer must carefully inspect the cylinder received. In the case of home delivery or delivery to another agreed location, the inspection must be carried out before the courier leaves the delivery point.

The inspection must include, but is not limited to, the external condition of the cylinder, the valve, the seal, the connections and the other visible components, verifying that there are no impacts, deformations, severe corrosion, perforations, leaks, valve damage, alterations or any other abnormal or potentially unsafe condition.

Any nonconformity must be reported immediately, before taking the cylinder or allowing the courier to leave. The Provider may replace it when it confirms a visible defect or a condition that prevents its safe use.

Once the customer leaves the establishment, or the courier leaves the delivery point, the customer shall be deemed to have:

1. Inspected the cylinder properly.
2. Received it complete, sealed and in apparent good condition.
3. Verified that it meets the visible conditions needed for its correct and safe operation.
4. Accepted the product without reservations or pending claims.

After that moment, any impact, deformation, leak, alteration, deterioration, tampering or damage shall be presumed to have occurred while the cylinder was in the possession, control or custody of the customer, unless there is conclusive proof to the contrary.

2. Custody, use and safety obligations

From delivery, the customer assumes possession, custody and control of the cylinder, as well as responsibility for its transport, storage, installation, connection, upkeep, maintenance and use.

The customer must, among other measures:

• Keep the cylinder upright, in a safe and properly ventilated place, away from flames, sparks, ignition or heat sources, combustible materials and enclosed spaces without sufficient ventilation.
• Use only compatible, approved regulators, hoses, clamps, valves, connections, stoves, equipment and accessories that are correctly installed and in good condition.
• Not strike, drop, drag, perforate, weld, burn, alter, modify, repair, refill or tamper with the cylinder, its valve, its seal or its safety devices.
• Not use the cylinder or its contents for purposes other than those for which they were designed.
• Prevent the cylinder from being handled by minors, untrained persons or anyone who cannot use it safely.
• Immediately stop using it in the event of a gas smell, a suspected leak, damage, irregular operation or any other unsafe situation, following the corresponding emergency procedures.

The above measures are merely indicative and do not constitute a complete or exhaustive list of the necessary precautions. The customer must know, adopt and comply with all the safety measures required or recommended by legislation, regulations, technical standards, manufacturers, the competent authorities and the procedures applicable to the transport, storage, installation, connection, inspection, maintenance and use of cylinders, liquefied gas, stoves and other related equipment.

Compliance with the measures expressly mentioned in this document does not release the customer from applying any other measure reasonably necessary to prevent leaks, fires, explosions, injuries or damage. Where applicable, installation, connection, inspection, repair or maintenance must be carried out exclusively by duly trained or authorized technical personnel.

3. Damage, incidents and limitation of liability

The customer shall be liable, to the maximum extent permitted by law, for any loss, leak, fire, explosion, injury, death, property damage, harm to third parties or incident arising, directly or indirectly, from:

• The failure to properly inspect the cylinder before accepting it.
• Impacts, drops, corrosion, exposure to fire or heat, or improper transport or storage.
• Incorrect installation, connection, upkeep, maintenance or use.
• Unauthorized tampering, modification, repair or refilling.
• Use of defective, incompatible or incorrectly installed regulators, hoses, connections, stoves, equipment or accessories.
• Breach of these terms, of the manufacturer’s instructions or of any applicable law, regulation, technical standard, recommendation or safety procedure.
• Misuse, negligence, recklessness, lack of supervision or any act or omission of the customer or of third parties who have access to the cylinder.

To the maximum extent permitted by applicable law, the Provider shall not be liable for direct, indirect, incidental, consequential or special damages, loss of property, business interruption, injuries or any other harm occurring after the delivery and acceptance of the cylinder when it results from acts or omissions of the customer or third parties, defective installations or equipment, lack of maintenance, misuse or any circumstance beyond the Provider’s reasonable control.

Nothing in these terms shall exclude or limit liabilities that, under applicable law, cannot be legally excluded or limited.

4. Swap program

Acceptance of any cylinder into the swap program shall be subject to the Provider’s inspection and sole approval. Prior participation of a cylinder does not guarantee its future acceptance.

The Provider may reject any cylinder that shows, among other conditions, impacts, dents, deformations, perforations, corrosion, damage or alterations to the valve, seal, base, neck or body; evidence of fire, excessive heat, welding, repairs or modifications; paint or markings that prevent its identification or inspection; contamination, use other than authorized or any deterioration that may compromise its operation, integrity or safety.

This list is not exhaustive. The Provider may reject any cylinder that, in its reasonable judgment or under the applicable technical or legal standards, is not fit to remain in circulation, be refilled, transported or used safely.

Damage caused while the cylinder is in the possession, control or custody of the customer may permanently disqualify it from the swap program. In that case, the Provider shall not be obliged to receive it, replace it, refund it or recognize or credit its value.

5. No-return policy

Due to the flammable nature of the product and its special safety, storage, traceability and handling conditions, no returns, cancellations, refunds or exchanges are accepted after the delivery and acceptance of the cylinder, except where a different obligation is expressly enforceable under applicable law.

The swap program does not constitute a return of the product nor does it grant an automatic right to replacement, credit or refund. It is an independent program, subject to availability, inspection, eligibility and the commercial conditions in force at the time of the swap.

6. General provisions

To the maximum extent permitted by law, the customer agrees to hold the Provider, its owners, employees, representatives, contractors and couriers harmless against claims, losses, liabilities, penalties, costs or expenses arising from the breach of these terms, from misuse of the product or from acts or omissions attributable to the customer or to third parties under their responsibility.

The Provider shall not be liable for delays or failures caused by force majeure, supply interruptions, governmental measures, transport problems, emergencies, natural disasters or other circumstances beyond its reasonable control.

If any provision is declared invalid or unenforceable, the remaining provisions shall remain in force. Failure to exercise a right shall not constitute a waiver of it. The Provider may modify these terms for future transactions by publishing the version in force at its establishments, digital channels or website.

By making the purchase, collecting the cylinder or accepting its delivery, the customer confirms their express acceptance of these Terms and Conditions.