Terms of Sale & Use


Terms of Sale

(1) Introduction

Please read these terms of sale carefully.

You will be asked to expressly agree to these terms of sale before you place an order for products from our website.

(2) Interpretation

In these terms of sale, "we" means Fireactiv® Ltd (and "us" and "our" will be construed accordingly); and "you" means our customer or potential customer for products (and "your" will be construed accordingly).

(3) Order process

The advertising of products on our website constitutes an "invitation to treat"; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps:

(i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;

(ii) before proceeding to the checkout you must check that the products you have chosen are correct;

(iii) if you need to make changes to your order either delete the product or change the quantity as required and then press update;

(iv) if your amended order is now correct you may proceed to the checkout;

(v) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;

(vi) once you are logged in, you must select your preferred method of delivery and tick the box confirming you have read and understand the terms of sale and use;

(vii) you will then have the option to pay using either PayPal (account not required) or via Payment Sense merchant services. If you select PayPal you will be transferred to the PayPal website, and PayPal will handle your payment;

(viii) we will then send you an initial acknowledgment; and

(ix) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

We will not file a copy of these terms of sale and use specifically in relation to your order. We may update the version of these terms of sale and use on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

(4) The products

This site is a Retail Only site and the purchases are offered on a strictly consumer basis..

(5) Price and payment

Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a products correct price will be stated when you pay for the product.

In addition to the price of the products, you may have to pay a delivery charge if your order is below the minimum order, which will be as stated when you pay for the product.

Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

All prices are quoted in British Pounds (Sterling) unless otherwise stated.

The prices on the website are subject to VAT at the prevailing rate.

Payment for all products must be made by credit or debit card or any method detailed on the website from time to time.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

(6) Your warranties

You warrant to us that:

(a) You are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

(b) The information provided in your order is accurate and complete; and

(c) You will be able to accept delivery of the products.

(7) Delivery

Our Delivery charge varies depending on order quantity and value but is shown prior to check out. We will arrange for the products to be delivered to the address for delivery indicated in your order.

We will endeavour to process your order as quickly as possible. We aim to dispatch your order within 72 hours, subject to credit card payments being accepted. Goods are dispatched during Monday – Friday and exclude bank holidays. All orders received after 3pm will be processed the following day. Please allow up to 7 days for delivery once you have received your confirmation of order.

Our delivery times are offered in good faith, transport delays are unfortunately out of our control, we cannot be held responsible for any late deliveries.

When our nominated carrier delivers your parcel, if there is no one in at the address to take delivery of the goods the carrier will leave a card asking you to contact them. They will leave you with a telephone contact number and reference number for your parcel. You will be asked for a time when the goods can be re-delivered. If after two attempts the carrier is unable to deliver the goods you will have the choice to either collect the goods from the carriers depot or you will charged a re-delivery charge.

If the parcel is dispatched via Royal Mail, if there is no one in when the parcel is delivered the driver will leave a card with a contact number and a reference number for your parcel. The parcel will need to collected in person from their local depot.

(8) Stock Availability

All products are subject to stock availability. If we have insufficient stock to deliver the goods ordered we will either:

(i) Telephone you and offer you an alternative products or

(ii) Put the product on back order and deliver the product to you when the product arrives back in stock.

There may be an additional payment to be made by you or a credit given raised by us if an alternative product is chosen.

(9) Risk and ownership

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon:

(a) Delivery of the products; and

(b) Receipt by us of full payment of all sums due in respect of the products including delivery charges.

Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and Bailee, and as a business customer you must store the products separately from other goods and ensure that the products are clearly identifiable as belonging to us.

We will be entitled to recover payment for the products even where ownership has not passed to you.

(10) Limitation of warranties

All products are sold subject to manufacturer’s warranty which we will honour to the extent of such warranty. All glassware products will be excluded from this warranty.

These terms of sale & use set out the full extent of our obligations and liabilities in respect of the products supplied to business customers hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section 14, all conditions, warranties or other terms concerning the products which might otherwise be implied into a contract with a business customer under these terms of sale are expressly excluded.

(11) Returns policy

(i) Introduction

We understand that from time to time you may wish to return a product to us.

We have created this 14 day returns policy to enable you to return products to us in appropriate circumstances.

This returns policy applies to customers in England, Wales and Scotland irrespective of your geographical location.

This policy does not affect any statutory rights.

(ii) Returns

Where you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us where:

  • We receive the returned product within 14 days of the receipt of your goods.
  • The returned product is unused, in its original unopened packaging with any seal or shrink-wrap intact, with any labels still attached and otherwise in a condition enabling us to sell the product as new.

You comply with the returns procedure set out below; and

  • None of the exclusions set out below apply.

(iii) Returns procedure

In order to take advantage of your rights under this returns policy, you must:

On notification, you will be given a Returns Authorisation Number. This number must be clearly marked on all packaging and accompanying documentation.

For your own protection, we strongly advise that you obtain a receipt from your courier as we cannot accept responsibility for lost parcels.

Please return all parcels to: Fireactiv Ltd. Richmond Hill, Markington, Harrogate, HG3 3PQ, UK You will be responsible for paying postage costs associated with returns under this policy.

(iv) Exclusions

The following products may not be returned under this policy:

  • Goods which are given free, as part of an offer, are not exchangeable or refundable, unless the full offer is returned, subject to this returns policy.
  • Computer software whether on CD-ROM, DVD-ROM or otherwise.
  • Bespoke salon furniture.
  • Toiletries and cosmetics.
  • Uniforms
  • Any product made to your specification.
  • Any product made to order.
  • Gift vouchers.

(v) Refunds

We will send you a refund for the full price of any product properly returned by you in accordance with the terms of this returns policy excluding the original delivery charges and excluding the costs of returning the product to us. Where delivery was included free of charge or part of a promotion, the cost will be calculated and deducted from the purchase price. All refunds will also be subject to a 10% administration charge or minimum £10.00.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

We will process the refund due to you as soon as possible and, in any event; within 30 days of the day we received your returned product.

(vi) Improper returns

Where you return a product in contravention of this policy and where you do not have any other legal right to return the product:

  • We will not refund or exchange the product.
  • We may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
  • If we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product at our sole discretion without any liability to you.

(12) Refunds

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event; within 30 days of the day we received your valid notice of cancellation.

(13) Force majeure

In this Section and Section 14 below, "force majeure event" means:

(a) any event which is beyond our reasonable control;

(b) the unavailability of raw materials, components or products; and/or

(c) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.

We will take reasonable steps to mitigate the effects of the any force majeure event.

(14) Limitations of liability

Nothing in these terms of sale will limit or exclude your or our liability for:

(i) death or personal injury caused by negligence;

(ii) fraud or fraudulent misrepresentation; or

(iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability;

Subject to this:

(a) we will not be liable for any losses arising out of a force majeure event;

(b) we will not be liable in respect of any defect in the products arising from fair wear and tear, wilful damage, accident, negligence by you or a third party, use otherwise than in accordance with the manufacturer's or our instructions or recommendations, or any alteration carried out by you or any third party; and

(c) our liability in connection with any product purchased through our website is strictly limited to the higher of the purchase price of the relevant product and the replacement cost of the relevant product; and we will not be liable for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time, or loss of goodwill or reputational damage;

(15) Indemnity

If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.

(16) Contract cancellation

We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay on time or in full any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.

We may cancel a contract to supply products made under these terms of sale if:

(a) you cease to trade;

(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;

(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;

(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented or some or all of that your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or

(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction).

(17) Consequences of cancellation

Upon the cancellation of a contract in accordance with Section 15:

(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c) all the other provisions of these terms of sale will cease to have effect, except that Sections 8, 9, 10, 13, 14, 16, 18 will survive termination and have effect indefinitely.

(18) Scope of these terms of sale

These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

(19) General terms

Images of products on our website are for illustrative purposes; actual products may differ from such images.

We will treat all your personal information that we collect in connection with your order in accordance with the terms of privacy policy; use of our website will be subject to our terms of use

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or

obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section 14: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale and use have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale and use will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

 

Terms of Use

(1) Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

If you register with our website we will ask you to expressly agree to these terms of use.

(2) Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

(a) republish material from this website (including republication on another website);

(b) sell, rent or sub-license material from the website;

(c) show any material from the website in public;

(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e) edit or otherwise modify any material on the website;

(f) redistribute material from this website (except for content specifically and expressly made available for redistribution such as our newsletter and email a friend);

Where content is specifically made available for redistribution, it may only be redistributed for your own personal use or used within your organisation.

(3) Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

(4) Products

The advertising of products on our website constitutes an "invitation to treat" - not a contractual offer.

Prices stated on our website may be stated incorrectly.

The purchase of products via our website will be subject to our terms of sale.

We will ask you to agree to our terms of sale each time you purchase a product or products via our website.

(5) Limited warranties

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(6) Limitations of liability

Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;

(b) we will not be liable for any consequential, indirect or special loss or damage;

(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;

(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control.

(7) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use.

(8) Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(9) Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

(10) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(11) Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(12) Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(13) Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(14) Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.

(15)   Our details

Our full name is Fireactiv® Ltd.
Our registered office is Richmond Hill, Markington, Harrogate, HG3 3PQ, UK and our principal trading address is the same.
Our company registration number is 08245389 (Registered in England)
Our email address is info@fireactiv.com
Our VAT number is GB175 4029 08