TERMS & CONDITIONS

IMPORTANT LEGAL NOTICE

These are the legal Terms and Conditions under which we supply the goods (“Goods”) listed on our website www.big-shotter-fireworks.co.uk (“our site”) to you. Please read these Terms and Conditions carefully before ordering any Goods from our site. Using our site indicates that you accept these Terms and Conditions together with our Privacy Notice here and Website Disclaimer here, regardless of whether or not you choose to register with us. If you do not accept these Terms and Conditions, our Privacy Notice here or our Website Disclaimer here, do not use our site.

www.big-shotter-fireworks.co.uk is operated by Big Shotter Fireworks Limited (“We”). We are a company registered in England and Wales under company number 10827383 and with our registered office at Ground Floor, 57 Darley Street, Bradford, United Kingdom, BD1 3HN. Our UK VAT number is 379 9040 52. Our email address is:

info@big-shotter-fireworks.co.uk

Or alternatively you can call us on 01274 739589 / 07931 714846.

Definitions

Goods – All fireworks and/or services sold to the Buyer (being the person(s) or company whose order for goods is accepted by Big Shotter Fireworks Limited).
Contract – The Contract between the Buyer and Big Shotter Fireworks Limited for the sale of Goods.

Acknowledgement

All orders will be accepted by Big Shotter Fireworks Limited subject to and in accordance with the following Terms and Conditions of sale which shall be deemed to be incorporated into a Contract for the sale of Big Shotter Fireworks Limited Goods. By the placement of an order (by whatever means) the Buyer will be deemed to have acknowledged and accepted the said Terms and Conditions and will be bound by them. Big Shotter Fireworks Limited will not accept any purported variation to the said Terms and Conditions that may be included in any written document (including any order form) from the Buyer, except by prior written agreement.

From time to time Big Shotter Fireworks Limited may also sell on behalf of suppliers. Big Shotter Fireworks Limited acts at all times as an agent for the suppliers when offering Goods for sale accepting orders and arranging delivery on their behalf.

Availability

All the items on our website are also available for purchase in our retail premises, therefore we have procedures to ensure that the content of the website is accurate. However we cannot guarantee that the information will be up to date and free from error. To the extent permitted by law Big Shotter Fireworks Limited disclaim all warranties express or implied, as to the information contained on the Big Shotter Fireworks Limited website.

We use secure payment provider PayPal to process online payments, so Big Shotter Fireworks Limited do not see your card details if paying online. PayPal has a capture delay service, which means that once your payment is authorised, funds are reserved by PayPal until we manually confirm the item is available. If your order is not in stock we will instruct PayPal to cancel your payment.

Prices

Prices quoted in any Big Shotter Fireworks Limited publications and website are current at the time of publishing. Big Shotter Fireworks Limited reserves the right to amend prices at any time without prior notice.

Settlement Terms

All payments are due on a payment before dispatch basis. Payment can be made by bank transfer, debit card, credit card or cheque (all cheques have to clear before dispatch). Our acceptance of your order is subject to availability. If your item is no longer available, we will contact you to discuss and offer any alternatives if available.

Big Shotter Fireworks Limited reserves the right to charge for copy invoices or credit notes at the rate of £1.00 per copy where the original has been lost or misplaced by the Buyer.

If legal action is taken to recover monies due to Big Shotter Fireworks Limited, then Big Shotter Fireworks Limited reserves the right to charge the Buyer an administration charge.

Big Shotter Fireworks Limited reserves the right in its absolute discretion to grant, refuse or discontinue any order at any time.

Orders

Big Shotter Fireworks Limited will not be held responsible for any misinterpretation. Big Shotter Fireworks Limited reserves the right to refuse any order at any time.

Items described on the website are given in good faith either by the suppliers or a distributor of Big Shotter Fireworks Limited, all pictures are shown on the website as accurately as possible, colours are reproduced as close to the actual as possible, you should satisfy yourself of quality, colour and provenance before purchasing.

Big Shotter Fireworks Limited reserves the right in its absolute discretion not to supply certain Buyers and to enquire of the Buyers full details of the end use and final destination of the Goods.

General Descriptive Matter

All specifications and particulars of weights, dimensions, capacity or other details contained in this website are intended to give a general idea of Big Shotter Fireworks Limited’s items for sale but will not form part of the Contract.

Big Shotter Fireworks Limited shall take all reasonable steps to ensure the accuracy of details relating to the Goods on the website.

Performance

Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by Big Shotter Fireworks Limited in writing, Big Shotter Fireworks Limited shall be under no liability whatsoever for any failure to attain such figures whether attributable to Big Shotter Fireworks Limited’s negligence or otherwise.

The responsibility for ensuring that Goods are sufficient and suitable for the Buyer’s requirements is the Buyer’s sole responsibility save in so far as Big Shotter Fireworks Limited have specifically advised the Buyer in writing that the Goods are sufficient and suitable for the Buyer’s purposes, having been fully and accurately advised by the Buyer of the Buyer’s requirements.

Guarantee

No Goods supplied by Big Shotter Fireworks Limited are supplied with a manufacturer’s or Big Shotter Fireworks Limited guarantee.

Finance Options

Subject to affordability assessments. Big Shotter Firework Limited is an Introducer Appointed  Representative of Social Money LTD t/a Payl8r. Missed
payments may affect your credit file, future borrowing and incur fees.

The Consumer Contacts (Information, Cancellation and Additional Charges) Regulations 2013

Cancellation Rights

• You have the right to cancel your order before it has been dispatched we will refund your in full
• However, if your parcel has already been dispatched you will be charged for the cost of shipping. Your refund will not be made until the parcel has been returned back to us. Please remember that we work on a one day dispatch system so to avoid the postage charge and delayed refund you should inform us on the same day that the order is made
• If you wish to cancel this contract you must indicate this in writing or another durable medium such as letter, fax, email (provide addresses/email addresses details by which to cancel) within the cancellation period
• You (the Consumer) have a statutory duty to take reasonable care of the goods whilst they are in your possession.
• You (the Consumer) must arrange for the safe return of goods to us, however, for fireworks, this needs to be done through a specialist hazardous goods courier. The cost of this is to be covered by you. Failing this, we will recover the goods, with the cost of this to be deducted from any refund due to you
• Upon the cancellation of a contract, we shall reimburse any sum paid by or on behalf of the Consumer under or in relation to the contract to the person by whom it was made free of any charge within 30 days of cancellation
• Where goods do not conform to the implied terms set out under the Sale of Goods Act 1979, the cost of recovering the goods will be covered by ourselves

Personal Collection of Goods

A Buyer wishing to collect Goods paid for from our Premises, must do so within 7 working days of arranging the collection. If the Goods are not collected within the said period, the goods will be refunded in full and the items returned to stock.

Tax Charges – Import Duty And Taxes

It is your responsibility as the buyer to pay all applicable taxes.

Promotion

Big Shotter Fireworks Limited may from time to time send the Buyer material or literature, in whatever form, promoting or advertising the sale of its Goods, or otherwise, which may be sent or communicated by post, facsimile or electronic transmission or by which other means as Big Shotter Fireworks Limited sees fit and at Big Shotter Fireworks Limited’s discretion. The Buyer acknowledges and accepts the right of Big Shotter Fireworks Limited to do so. Big Shotter Fireworks Limited’s usual Terms and Conditions apply to all Goods and services featured in promotional material.

Ownership

The risk in the Goods supplied by Big Shotter Fireworks Limited will pass to the Buyer when the Goods are loaded onto the delivery vehicles at Big Shotter Fireworks Limited’s premises. However, the title to the Goods will not pass to the Buyer until payment in full of all sums due from the Buyer to Big Shotter Fireworks Limited has been made. If payment (whether in full or part) is not made by the due date, in accordance with “Settlement Terms” clause or the Buyer is wound up, or a receiver appointed over any assets or the undertaking of the Buyer or an execution or distress be levied against the Buyer, Big Shotter Fireworks Limited will be entitled without prior notice to the Buyer or any liquidator or receiver to retake possession of the Goods (and for that purpose to enter upon any premises occupied or owned by the Buyer).

Liability

Big Shotter Fireworks Limited will make reasonable endeavours to ensure that all information contained in any Big Shotter Fireworks Limited publication and website is correct. Big Shotter Fireworks Limited reserves the right to amend any information contained in any publication and website without prior notice. The Buyer will be responsible for ensuring the correct products are supplied and that the Goods ordered are fit for purpose for which they are ordered. Subject as expressly provided in these conditions, where the Goods are sold to a person dealing as a consumer (within the meaning of the The Consumer Rights Act 2015) and except for any liability which Big Shotter Fireworks Limited may incur for death or personal injury resulting from negligence or under Part 1 of the Consumer Protection Act 1987 other than to supply Goods conforming to the original agreed specification or at Big Shotter Fireworks Limited’s option to refund any monies already paid in respect of the Goods.

Big Shotter Fireworks Limited shall not be liable in any respect whatsoever for any delay in the performance of, or the failure to perform, any obligation pursuant to any order or Contract, in each case, as a result of circumstances beyond its control. If such circumstances delay or prevent the performance of any obligation under any order or Contract for 30 days or more, Big Shotter Fireworks Limited shall be entitled by written notice to cancel or terminate such order or Contract or its outstanding obligations thereunder.

Cancellation

If the Buyer becomes the subject of any act or proceeding under or in connection with the Insolvency Act 1986 or if the Buyer fails to make payment for Goods when due, in accordance with “Settlement Terms” clause. Big Shotter Fireworks Limited will be entitled to suspend and cancel all or any future deliveries or instalments under this or any other Contract between Big Shotter Fireworks Limited and the Buyer.

Storage

Fireworks (inc. Smoke Grenades) should not be stored where it is too hot or too cold. A cool, dry area is the perfect environment to ensure Fireworks (inc. Smoke Grenades) are conserved and don’t accidentally ignite. If Fireworks (inc. Smoke Grenades) end up becoming damp or moist, creating moisture in the gunpowder, this will ruin the internal makeup and firing mechanism. If the Fireworks (inc. Smoke Grenades) show evidence of moisture penetration then do not use and dispose of the items immediately.

Big Shotter Fireworks Limited shall be under no liability whatsoever for any failure to follow the correct storage requirements for Fireworks (inc. Smoke Grenades).

Copyright all Rights Reserved

Big Shotter Fireworks Limited has taken all reasonable steps in the course of its business to ensure that the Goods do not infringe any patent, design, trademark, copyright or any other rights of third parties but no guarantee in this respect is given, and Big Shotter Fireworks Limited shall have no liability whatsoever in the event of any such infringement howsoever arising.

Big Shotter Fireworks Limited own full copyright in respect of this website. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without Big Shotter Fireworks Limited’s prior written consent.

Force Majeure Shipping Delay

As used herein, the term “Force Majeure Shipping Delay” shall mean any delay which is attributable to any:

(1) Actual delay or failure to perform attributable to any Postal Strikes, Courier Strikes, Lockouts or any other Labour or Industrial Action (whether or not on the part of Big Shotter Fireworks Employees), Civil Disturbance, Court Orders, Act of War, Riot, Sabotage, Blockade, Embargo or Labour through ordinary sources by reason of regulation or order of the UK Government or Regulatory Body in the UK;
(2) Delay in completing the order because of changes in any UK Laws between the date hereof and the date of the order;
(3) Delay attributable to Lightning, Earthquake, Fire, Storm, Hurricane, Tornado, Flood, Washout, Explosion or any other cause beyond the reasonable control of Big Shotter Fireworks or any of its Contractors or other Representatives.

Legal Construction

All Contracts between Big Shotter Fireworks Limited and the Buyer shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.

A hard copy of these Terms and Conditions of trading can be posted on request.

TEffective Date 1st November 2017