The following terms and conditions apply to all transactions at the Fireworks Den
1.1 The Company shall mean
Oscar’s Den (London) Limited
Trading as Fireworks Den
127 – 129 Abbey Road
London NW6 4SL
Registeredin England Number 844356
or its proprietor or any associated company
1.2 The Goods shall mean any fireworks, equipment or services, which are 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
2.1 Goods will normally be delivered within 3 working days. 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2.2 All products are subject to availability and may be withdrawn if the stock is sold out. If your order cannot be fulfilled you will be offered an alternative or given a full refund.
2.3 Whilst the Fireworks Den 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
2.4 Alternate goods will not be substituted without your express permission
2.5 The cancellation of orders after dispatch cannot be accepted after 7 days.
3.1 All prices quoted are in pounds sterling (£) and include UK Value Added Tax (VAT) at 20% where applicable
3.2 Because of administration costs, shipping costs and credit charges, the minimum order value that can be accepted is £10
4.1 Payment can be made by most major credit or debit cards. At this time we do not accept Diners Club cards. Payment will be debited from your account before the dispatch of your purchase
4.2 For peace of mind, the transmission of credit card details for all Fireworks Den fireworks online orders for products and services is carried out 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 unauthorized access to any data you provide when accessing or ordering from the Fireworks Den
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.
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 the Fireworks Den on 0800 954920 within 48 hours or receipt
5.4 If your order is undelivered please allow 48 hours for delays, after this period please contact the Fireworks Den on 0800 954920 or in writing within 7 days after allowing for the 48 hour delay.
6.0 DATA PROTECTION
6.1 We request your name and address solely to enable us to dispatch 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 the Fireworks Den in writing within 7 days of the date of delivery.
7.2 Liability for all faulty goods will not be accepted where products have not been used in accordance with the instructions and/or where the Fireworks Den 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 the Fireworks Den 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 The Fireworks Den 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
8.1 The materials on this Web Site are directed primarily at those who access this Web Site from the United Kingdom mainland. The Fireworks Den 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
8.2 The Fireworks Den has taken every care in the preparation of the content of this Web Site. To the extent permitted by applicable law, the Fireworks Den disclaims all warranties, express or implied, as to the accuracy of the information contained in any materials on this Web Site
8.3 The Fireworks Den shall not be liable to any person for loss or damage which may arise from the use of any of the information contained in any of the materials on this Web Site
8.4 Certain (hypertext) links in this site will lead to web sites which are not under the control of the Fireworks Den. When you activate any of these you will leave the Fireworks Den Site and the Fireworks Den 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 the Fireworks Den
8.5 These exclusions of liability shall not apply to any damages arising from death or personal injury caused by the negligence of the Fireworks Den or any of its employees or agents
8.6 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
8.7 None of the above effects the customer statutory rights as in accordance with English Law
8.8 The entire terms and conditions are subject to English Law
9.1 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 customer’s 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 the Fireworks Den in writing to the address on this order form. Fireworks are hazardous goods and as such can only be returned to us by a specialized carrier. Upon receipt of written confirmation of cancellation, the Fireworks Den will notify the customer of how and when the goods are to be collected. In the event of cancellation, a charge will be levied to the customer for collection and will be retained from any refund given, as will the cost of delivery
10.0 REFUND POLICY
10.1 Refunds will be paid in accordance with Sections 7.0 and 9.0 of the Fireworks Den Terms and Conditions.
10.2 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
10.3 All carriage costs are non refundable, including collection of returned goods
11.0 OWNERSHIP AND ADDRESS
Oscars’s Den (London) LTD
Trading as Fireworks Den
127 – 129 Abbey Road
London NW6 4SL
12.0 TRADEMARKS AND COPYRIGHT
12.1 All materials on this Web Site are copyright 2009 The Fireworks Den. All Rights Reserved
12.2 All Trade Marks are the property of their respective owners