Terms & Conditions
The
following terms and conditions apply to all transactions at
21st Century Fireworks
1.0
GENERAL
1.1 The Company shall mean 21st Century Fireworks Displays
or its proprietor or any associated Company.
1.2 The Goods shall mean any fireworks, equipment or
services, which are the subject of this contract.
1.3 The Customer shall mean the person, firm or company whom
contracts to purchase in full or part the goods or services
of the Company.
1.4 Any contract entered into by the Company for the supply
of such goods or services is subject to these conditions.
Any writing on, or attached to, any purchase order form
document or correspondence, shall not be included or implied
unless previously agreed in writing and signed by an
authorised officer of the Company.
1.5 No order for supply arising from a quotation or
otherwise shall be deemed to be accepted or constitute a
legally enforceable contract with the Company until accepted
in writing by the Company or until delivery of the goods
which ever shall be the earlier.
1.6 The Company accepts no responsibility for any inaccuracy
or error in orders given by telephone.
1.7 It is illegal to buy Fireworks under the age of 18.
2.0
DELIVERIES
2.1 Goods will normally be delivered within 1 - 5 working
days (a next day delivery service is available in some parts
of the UK, please call for details). The actual delivery
time will depend upon the destination. A signature to
confirm receipt of your order will be required. You will be
advised of any delay or if the item is no longer available.
2.2 Deliveries to destinations outside the UK will require
special arrangements, please contact us for further advice.
2.3 All products and services are subject to availability
and may be withdrawn if the stock is sold out. In the case
of DIY packs, where certain items become unavailable, these
will be replaced with an item of similar effect, size and of
at least the same price. If your order cannot be fulfilled
you will be offered an alternative or given a full refund.
2.4 Whilst 21st Century Fireworks will make every effort to
ensure deliveries are prompt and on time as agreed, it
cannot guarantee delivery times or dates and accepts no
liability as such.
2.5 Alternative goods will not be substituted without your
express permission.
2.6 The cancellation of orders after despatch cannot be
accepted.
3.0 PRICES
3.1 All quoted prices quoted are in pounds sterling (£) and
include UK Value Added Tax (VAT) at 17.5% where applicable.
3.2 Because of administration costs, shipping costs and
credit card charges the minimum order value that can be
accepted is £10.
4.0 PAYMENT
4.1 Payment can be made using most major credit or debit
cards. Payment will be debited to your account before the
despatch of your purchase.
4.2 For peace of mind, the transmission of credit card
details for all 21st Century Fireworks on-line orders for
products and services is carried via secure (encrypted)
network connections.
4.3 We will take all reasonable care, in so far as it is in
our power to do so, to keep the details of your order and
payment secure, but in the absence of negligence on our part
we cannot be held liable for any loss you may suffer if a
third party procures unauthorised access to any data you
provide when accessing or ordering from 21st Century
Fireworks.
5.0 DAMAGE
OR LOSS
5.1 In all cases where defects or shortages are complained
of, the Company shall be under no liability in respect
thereof unless an opportunity to inspect the goods is
afforded to the Company before any use is made thereof or
any alteration or modification is made thereto by the
Customer.
5.2 The customer is under a duty to inspect the goods on
delivery or on collection as the case may be.
5.3 In the unlikely event that your product is damaged
please contact 21st Century Fireworks on 01325 254860 within 48 hours of receipt.
5.4 If your order is undelivered please allow 48 hours for
delays, after this period please contact 21st Century
Fireworks on 01325 254860 or in writing
within 7 days.
6.0 DATA
PROTECTION
6.1 We request your name and address solely to enable us to
despatch goods to you and provide you with an efficient
after-sales service. We do not pass your name and address to
third parties.
7.0 FAULTY
GOODS
7.1 All faulty goods should be notified to 21st Century
Fireworks in writing within 7 days.
7.2 Liability for faulty goods will not be accepted where
products have not been used in accordance with the
instructions and/or where 21st Century Fireworks deems that
the product has not been used correctly or the product has
not been used for the purpose for which it was meant.
7.3 Liability will not be accepted by 21st Century Fireworks
where Force Majeure is considered to have been a factor of
failure. Non-exhaustive illustrations of such circumstances
are adverse weather conditions, Acts of God, fire, floods,
strikes, Government action or regulations, delays by
suppliers, accidents, shortage of materials, labour or
manufacturing facilities.
7.4 21st Century Fireworks undertakes to replace or refund
the product where the goods have been deemed to be faulty,
i.e. manufacturing defect or damage caused prior to
delivery.
8.0 DISPLAY
TERMS
8.1 21ST Century Fireworks shall provide all
fireworks, labour and transport related to the fireworks
display only. Additional equipment or services required or
related to an event. i.e. safety barriers, safety marshals,
shall be provided and managed by the customer, except where
an agreement and payment for such equipment or services has
been specifically agreed between 21st Century
Fireworks and the customer.
8.2 21st Century Fireworks shall provide Combined
Liability Insurance to the value of £5m. Where greater cover
is required this must be specified by the customer, no later
than 30 days prior to the display. 21st Century
Fireworks reserve the right to invoice additional costs
incurred by any such increase.
8.3 It is
the responsibility of the event organiser to notify the
police, fire brigade and where applicable any other relevant
authority or organisation. It is advisable to notify
neighbours, local farmers, livestock owners, hospitals,
nursing homes and anyone else who may be affected or
distressed by the display. Failure by the event organiser to
notify the relevant parties could lead to the display being
cancelled.
8.4 If for
any reason the client up to three weeks prior to the display
date cancels the display, no cancellation charges will be
issued but any deposits paid shall not be refunded. If the
client within three weeks to the display date cancels the
display a minimum of 10% of the display fee +VAT will be
levied to cover costs incurred by 21st Century
Fireworks. A charge of up to 25% of the display fee +VAT
will be incurred for cancellations made within 48 hours of
the display date. If for any reason the client cancels the
display on the date of the event a minimum charge of up 75%
of the display fee +VAT will be incurred. An extra charge
will be made for any fireworks placed in situ prior to
cancellation.
8.5 21st
Century Fireworks personnel shall do all they can to ensure
that a display goes ahead, however, 21st Century
Fireworks reserve the right to cancel without compensation
on the grounds of safety. The 21st Century
Fireworks personnel on site have sole responsibility for
this decision. Reasons for cancellation include inadequate
safety distance, poor crowd control and/or lack of stewards,
inadequate or non-existent safety line/fence, livestock in
close proximity to the display site, adverse weather
conditions such as high winds, severe rain, lightening or
drought conditions, force majeure.
8.6 Where a
deposit is required, the payment must be received on the due
date for the booking to be confirmed. Full and final
payment, less any deposit, is due upon the day of the
display prior to the display being fired. In the events that
payments are not made as indicated, 21st Century
Fireworks shall deem the display to be cancelled by the
event organiser and the relevant cancellation charges
applied. Cheque and telegraphic transfer payments shall be
deemed received only when our bankers have cleared the
amount into the company account.
9.0
MISCELLANEOUS
9.1 The materials on this Web Site are directed primarily at
those who access this Web Site from the United Kingdom
mainland. 21st Century Fireworks makes no representation
that any product referred to in the materials on this Web
Site is appropriate for use, or available, in other
locations. Those who choose to access this site from other
locations are responsible for compliance with local laws if
and to the extent local laws are applicable.
9.2 21st Century Fireworks has taken every care in the
preparation of the content of this Web Site. To the extent
permitted by applicable law, 21st Century Fireworks
disclaims all warranties, express or implied, as to the
accuracy of the information contained in any of the
materials on this Web Site.
9.3 21st Century Fireworks shall not be liable to any person
for any loss or damage which may arise from the use of any
of the information contained in any of the materials on this
Web Site.
9.4 Certain (hypertext) links in this site will lead to web
sites which are not under the control of 21st Century
Fireworks. When you activate any of these you will leave
21st Century Fireworks Site and 21st Century Fireworks has
no control over and will accept no responsibility or
liability in respect of the material on any web site which
is not under the control of 21st Century Fireworks.
9.5 These exclusions of liability shall not apply to any
damages arising from death or personal injury caused by the
negligence of 21st Century Fireworks or any of its employees
or agents.
9.6 These disclaimers and exclusions shall be governed
exclusively by and construed in accordance with English Law.
If any provision of these disclaimers and exclusions shall
be unlawful, void or for any reason unenforceable then that
provision shall be void to that extent only and shall not
affect the validity and enforceability of the remaining
provisions.
9.7 None of the above affects the customer’s statutory
rights as in accordance with English Law.
10.0
GUARANTEE
10.1 Where applicable the company complies with the Consumer
Protection (Distance Selling) Regulations 2000, in that it
offers a seven day cancellation period from the date of
receipt of the goods by the customer. This cancellation
period does not extend to special orders, i.e. orders which
have been custom assembled at the customers request and is
therefore, not an off the shelf item, this includes modified
kits and kits with additional items. In the event of
cancellation the customer must notify 21st Century Fireworks
in writing to the address on this order form. Fireworks are
hazardous goods and as such can only be returned to us by a
specialised carrier. Upon receipt of written confirmation of
cancellation 21st Century Fireworks will notify the customer
of how and when the goods are to be collected. In the event
of cancellation a charge will levied to the customer for
collection and will be retained from any refund given, as
will the cost of delivery.
11.0 REFUND
POLICY
11.1 Refunds will be paid in accordance with Sections 7.0
and 9.0 of 21st Century Fireworks Terms and Conditions.
11.2 Where a refund is deemed to be appropriate, the sum
will be paid in pounds sterling and refunded to the credit
or debit card used to purchase the goods or paid by cheque
if requested.
11.3 All carriage costs are non refundable, including
collection of returned goods.
12.0 OWNERSHIP AND ADDRESS
12.1 21st Century Fireworks Ltd
12.2 The registered office is at:
21st
Century Fireworks Ltd
110 North Road
Darlington
Co.Durham
DL1 2EJ
United Kingdom
13.0 TRADEMARKS AND COPYRIGHT
13.1 All materials on this Web Site are copyright ©
2003-2008 21st Century Fireworks Ltd
All rights reserved.
13.2 All Trade Marks are the property of their respective
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