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Terms & Conditions
Disclaimer: Some videos shown on this site may differ in the projection of the starburst due to these new regulations, however, where aplicable, we will endeavour to inform you of such items in your packs.
- 1. Application of Terms
These conditions apply to all sales of goods and services as a firework displays organiser offered by The Fireworks Firm Ltd trading as Brilliant Fireworks or its proprietor, subsidiary or any associated Company ("The Sellers") to any purchaser ("The Buyers") and shall apply in place of and prevail over any terms or conditions contained or referred to in the Buyers order or in correspondence or elsewhere or implied by trade or custom practice or course of dealing unless specifically agreed to in writing by the Managing Director and any purported provisions to the contrary are hereby excluded or extinguished.
- 2. Terms of Offer
(a) Estimates or quotations particularly with reference to price and delivery shall not be binding on the Sellers. The contract is accepted only upon written confirmation by the Sellers of the order, or on performance of the order, whichever is the earlier.
(b) Oral representations by the Buyers including those made over the telephone are not binding on the Sellers until acknowledged in writing and signed by the Managing Director. If the Buyers wish to rely on any representation in entering into any contract they shall obtain such representation in writing from the Sellers otherwise no liability can be accepted by the Sellers.
(c) Unless the Buyers specifically inform the Sellers in writing that time is of the essence all quotations or estimates relating to time are subject to capacity remaining unsold.
(d) Seller may reject or amend an order by written notice to Buyer within 30 days of receipt of order in which case Seller has no liability to Buyer other than for any part of an order which the Seller is prepared to supply
(e) Where goods are ordered for immediate delivery seller's invoice is the order confirmation.
(f) Unless otherwise specified quotations may be withdrawn at any time and are subject to confirmation at the time of acceptance.
(g) The acceptance of an order must be accompanied by clear and sufficient information to enable Seller to proceed immediately with the supply of the goods and reasonable and timely cooperation thereafter failing which sellers reserves the right to reasonably amend despatch dates and quoted prices to cover any reasonable increase in costs which have taken place since acceptance or due to Buyers omissions or delay in supply such information or cooperation
- 3. Cancellation Rights
(a) Brilliant Fireworks are unable to refund for ‘force majeure’ i.e. circumstances beyond our control such as bad weather or cancelled displays.
(b) You have the right to cancel your order within seven working days beginning from the time we receive your order. However, if you agree that we dispatch your order the same day, then you give up this right to cancellation.
(c) However, if your parcel has already been dispatched you will be charged for the cost of shipping and a 25% re-stocking fee. Your refund will not be made until the parcel has been returned back to us.
(d) It is your responsibility to give notice of your wish to cancel within this cancellation period by email, fax or letter. You are under a duty to take reasonable care of the goods.
(e) The goods must be returned in saleable condition at your expense. Due to the harzardous nature of the product, sellers will arrange collection of the goods using their preferred specialist carrier. In the event of cancellation the charges above will levied to the customer and will be retained from any refund given. Please supply your name, address, telephone number and order number when contacting us regarding cancellation. Refunds will be sent to the customer when the returned goods have been inspected by the sellers.
(f) The box/package must remain unopened, opening the box/package constitutes acceptance.
- 4. Prices
(a) Prices are quoted in sterling ex our premises unless otherwise stated in writing exclude freight, packaging, VAT any other tax or duties each of which shall be payable by the Buyers (or to the extent any of them are incurred by the Sellers shall be paid by the Buyers to the Sellers in addition to the Price)
(b) The Sellers reserve the right at any time prior to delivery of the goods to adjust the price if the Sellers are adversely affected by factors occurring after the making of the contract of sale, which are beyond the reasonable control of the Sellers (including without limitation, foreign exchange rate fluctuations, taxes and duties and the costs of labour, materials, and other manufacturing costs.
(c) Returns will not be credited unless the Sellers prior agreement in writing was obtained. Any expenditure occasioned as a result of the return shall be deducted from the Credit and the Sellers reserve the right to impose a handling charge upon goods returned of not less than 20% of the invoice value.
(d) The Sellers reserve the right to impose a minimum order charge.
- 5. Payment
(a) All accounts are payable in full prior to delivery unless the Sellers expressly agree in writing to vary this term.
- 6. Consumer protection (distance selling) Regulations 2000 apply to your order.
- 7. Place of Delivery
Delivery shall be made to the Buyers' premises or to such place as may be agreed upon in writing between the Buyers and the Sellers. Unless specific instructions have been given, the method of delivery shall always be at the Sellers' discretion. No responsibility is taken for selecting the cheapest form of transport.
- 8. Delivery Times
(a) The Buyer will receive goods within 14 days, unless otherwise stated on order.
(b) Delivery will take place between the hours of 0900 and 17.00 Monday to Friday inclusive. All deliveries must be signed for.
(c) Delivery rates and times mentioned in any quotation acknowledgement or order or elsewhere are approximate only and not of any contractual effect.
(d) If the Buyers refuse or fail to take delivery of goods tendered in accordance with the contract the Sellers shall be entitled to immediate payment in full the goods they tendered.
(e) If the carriers have to make an attempted re-delivery, a charge will be sent to us of £25, each time they try to deliver and therefore we will have to debit that amount from your payment. If the carriers have left a card, you must contact their office to arrange a re-delivery, failure to do so, they will charge £25.00 each time they attempt delivery.
(f) The Sellers shall be entitled to store at the risk of the Buyers any goods of which the Buyers refuse or fail to take delivery and the Buyers shall in addition to the purchase price pay all costs of such storage and any additional costs incurred as a result of such refusal or failure. The sellers shall be entitled after the expiration of 1 month from the date upon which the price became payable to dispose of the goods in such manner as the Sellers may determine.
(g) Unless otherwise expressly agreed the Sellers may affect delivery in one or more instalments. Where delivery is affected by instalment each instalment shall be treated as a separate contract.
- 9. Substitution
(a)The Sellers reserves the right to make substitutions in packs of fireworks, any substitute will be to an equal or greater value than the firework it replaces.
(b)Regulations have been enforced for 2009 that stipulates:
(i) No rocket can contain more than 20g of powder inclusive of the rocket motor, if the product is to remain a 1.4G explosive item.
(ii) Some fireworks, in particular large rockets, have had their hazard classification changed from 1.4G to 1.3G which will make them impossible for us to ship.
We are as disappointed with these restrictions as you, but this is due to government legislation.Were our packs contain items that are affected by the new legislation we will substitute the item for an appropriate more expensive replacement.
- 10. Risk
Risk shall pass to the Buyer on the goods leaving the Sellers' premises.
- 11. Insurance
The Seller will maintain at its own cost a policy of insurance to cover the liability of the Seller in respect of any act or default for which it may become liable.
This insurance is limited to any and or loss damage or liability (whether criminal or civil) suffered by the Buyer resulting from a breach of this Agreement including any act negligent or default of the Sellers employees or agents.
- 12. Advice
(a) Technical advice is given to the best of the Sellers' knowledge and on the basis of the Sellers' research work and experience. No liability is accepted for data and information given with respect to suitability and application of the products and the Buyers should not by reason thereof forego making their own tests and investigations. The Buyers are responsible for ensuring that statutory and other official regulations are complied with when the product is used.
(b) Any typographical, clerical or other error or omission in any sales literature, quotation, price list, invoice or other document or information issued by the Sellers shall be subject to correction without liability on the part of the Sellers.
(c) Whilst the Sellers take every precaution in the preparation of its brochures and other literature these documents are for the Buyers general guidance only and the particulars contained therein shall not constitute representations by the Sellers who shall not be bound thereby.
(d) Due to current legislation black powder cannot now be used in the composition of fireworks made for general public use, thus reducing the bang in the starburst.
- 13. Reservation of Title
All goods are supplied to the Buyers by the Sellers on the following terms:
(a) Notwithstanding the passing of risk in accordance with Clause 10 the goods shall remain the sole and absolute property of the Sellers and legal and equitable owner until such time as the Buyers shall have paid to the Sellers the agreed price together with any additional items invoiced in accordance with Clause 5 (a)
(b) Until such payment the Buyers shall be in possession of the goods solely as bailee for the Sellers and in a fiduciary capacity and shall store the goods in such a way as to enable them to be identified as the property of the Sellers
(c) The Sellers reserve the immediate right of repossession (or where applicable the right to stop goods in transit) of any goods to which they have retained title as aforesaid and thereafter to re-sell the same and for this purpose the Buyers hereby grant an irrevocable right and licence to the Sellers' servants and agents to re enter upon all of any of their premises with or without vehicles during normal business hours. This right shall continue to subsist not withstanding the termination of the contract for any reason and is without prejudice to any accrued right of the Sellers thereunder or otherwise.
- 14. Warranty
(a) Each of the Parties warrants its power to enter into this Agreement and has obtained all necessary approvals to do so.
(b) The Sellers shall, as and when requested by the Buyer and within a reasonable time after receiving each such request supply details of the firework display and shall diligently proceed in the preparation purchase of materials and development of such display as shall be required by the Buyer.
(c) Any estimates or quotations particularly with reference to the timing and contents of thee display shall not be bonding on the Seller. The Seller reserves the right to vary the content and duration of the display.
- 15. Liability
(a) The Buyers shall inspect the goods forthwith upon delivery to the Buyers' premises or at such place as may be agreed between the Sellers and the Buyers otherwise no liability can be accepted by the Sellers.
(b) The Sellers shall not be liable to the Buyers:-
(i) For shortages in quantity delivered unless the Buyers notify the Sellers of any claim for short delivery within 3 days of the date of receipt of goods and in any event prior to the fireworks being fired.
(ii) For damage or loss of goods or any part thereof (where goods are carried by the Sellers' own transport or by a carrier on behalf of the Sellers) unless the Buyers shall notify the Sellers of any such claim within 3 days of receipt of goods .
(iii) For defects in the goods caused by abnormal conditions of storage or use or any act, neglect or default of the Buyers.
(iv) The goods must be used in accordance with the instructions supplied and the safety booklet enclosed with the order. The Buyers must inform the Sellers immediately if the safety booklet has been omitted or is illegible for any reason. The fireworks must not be used until a safety booklet has been supplied.
(v) Other defects in the goods unless notified to the Sellers within 3 days of the goods by the Buyers.
(c) The Sellers' aggregate liability to the Buyers whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the defective damaged or undelivered goods which give rise to such liability as determined by the net price invoiced to the Buyers in respect of any occurrence or series of occurrences.
(d) Subject to the foregoing all conditions and warranties and representations expressed or implied by statute common law or otherwise in relation to the goods are to the extent permissible by law hereby excluded and the Sellers shall be under no liability to the buyers for any loss damage or injury direct or indirect result from defective material, faulty workmanship or otherwise howsoever arising and whether or not caused by negligence of the Seller's employees or agents save that the Seller shall accept liability for death or personal injury caused by the negligence of the Sellers. Nothing herein shall affect the Buyers statutory rights to the extent that they are dealing with Sellers as consumers.
(e) The Sellers' prices are determined on the bases of the limits of liability set out in these conditions.
(f) The Sellers accept no liability for consequential loss or damage of the Buyers howsoever occasioned.
- 16. Force Majeur
(a) The Seller shall not be liable to the Buyers for any loss or damage which maybe suffered by the Buyers as a direct or indirect result of the supply of goods by the Sellers being prevented, hindered, delayed or rendered uneconomic by reasons of circumstances beyond the Sellers' reasonable control including but not limited to act of god, war, riot, strike, lockout, trade dispute or labour disturbance, accident breakdown of plant or machinery, fire flood, storm, difficulty or increased expenses in obtaining workmen, materials or transport or other circumstances affecting the supply of goods or of raw materials therefore by the Sellers' normal means or the manufacture of the goods by the Sellers' normal means or the delivery of the goods by the Sellers' normal route or means of delivery .
(b) If due to such circumstances or events the Sellers have insufficient stocks to meet their commitments they may apportion available stocks between its customers and at their sole discretion.
- 17. Assignment
The Buyers shall not assign their rights hereunder without the prior written consent of the Sellers.
- 18. Trade marks
The Buyer accepts an obligation to seller that none of the trademarks applicable to the goods shall be used whether in the United Kingdom or abroad in any manner not approved by the appropriate registered proprietor and that the same shall not be used as aforesaid in relation to any of the goods supplied after they have been processed or treated in any manner disapproved by the appropriate registered proprietor and buyer will indemnify seller accordingly
- 19. Notice
Any notices hereunder shall be deemed to have been duly given if served by post, fax or email to the party concerned at its last known address. Notices sent by first class post shall be deemed to have been given 7 days after despatch and notices sent by fax or email shall be deemed to have been given on the date of despatch.
- 20. Jurisdiction.
This contract shall be construed in accordance with the Laws of England and the English Courts shall have exclusive jurisdiction thereof.
- 21. Variation of Terms
No variation of these terms shall bind the Sellers unless it is confirmed by the Sellers in writing under the hand of the Managing Director of the Sellers and in particular no employee, consultant or agent of the Sellers shall have power to vary these conditions unless such variations is confirmed as aforesaid.
- 22. Invalidity
Should any provision of the contract be void or voidable then the validity of the remaining provisions shall not be affected but the contract shall remain in force with the exclusion of the void or the voidable provision.
- 23. I agree to being 18 years of age or older