Terms and Conditions for Use and Sales
We want to deal with all our customers as fairly as possible.
You can read our full terms and conditions below.
But we know that most people won’t read these. If you have any queries, please call us.
The main points are:
These terms and conditions were last updated on 30/5/2022
Full terms and conditions.
1.2 Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full.
1.3 You should not use this website if you do not accept with these terms & conditions in full.
2.2 You are responsible for maintaining your own username and password (if applicable). You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your details have become known to a third party, you should inform us immediately.
2.4 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.
2.5 We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.
4.2 We reserve the right to alter all product pricing without notice.
4.3 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
5.2 Your offer is only accepted by us once we have contacted you to confirm the order and to arrange delivery or collection of your order. Any delivery charges will be agreed at this point.
5.3 Product items not included within the dispatch email are not included in the order and contract between you and us.
5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
5.6 Orders placed through this website will be fulfilled by Peak Fireworks Ltd or Electrify Pyrotechnics Ltd. Payments will be made to the appropriate account and your receipt will show this.
6.2 We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product.
6.3 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full refund.
6.4 If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.
7.2 As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation.
7.3 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product, unless the product is defective and you are returning it for this reason.
7.4 Goods that are sealed or shrink-wrapped and this is removed can only be returned if they are defective.
7.5 No right of cancellation exists for personalised goods.
7.6 Please observe the following procedure for all returns to us:
7.6.1 On the back of your delivery note or on another piece of paper, (if you no longer have your delivery note), include your order number and the reason for the return.
7.6.2 If you are returning your product because it is defective, please state the defect or defects.
7.6.3 Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately we will be unable to issue a refund where the product is in an incomplete state.
7.7 If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us.
7.8 You are responsible for paying any postage or shipping costs incurred when returning the product.
7.9 We recommend that you keep full records of the methods you use to return any defective items.
7.10 We will not issue refunds for any items lost or stolen in transit to us.
7.11 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.
7.12 If you fail to return a product to us, we may make arrangements to have the product collected from you. The cost of this collection will be passed on to you.
7.13 Unused products may be returned promptly by customers to our address listed at the end of these terms and conditions.
7.14 Subject to the above, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product.
11.2 This licence allows you to download and cache (using your browser) individual pages from our website.
11.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
11.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
11.5 Our website cannot be placed within the frame-set of another site.
11.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
11.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
12.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
13.2 Where the facility exists such user-generated content can be provided in different formats and mediums; text, audio, video and still photographs.
13.3 As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties.
13.4 Such content shall not infringe the intellectual property rights of any other party. Furthermore the content shall not be illegal or capable of breaching the laws of any jurisdiction in which it may be displayed.
13.5 We reserve the right to remove any content, which breaches or risks breaching these terms and conditions.
13.6 However, we shall not assume any responsibility for auditing or monitoring any user generated content.
13.7 Any complaints about such content by rights holders or any user or visitor to our website should be directed to us using our contact details listed at the end of these terms and conditions.
14.2 All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.
14.3 All indirect, consequential or special losses or damage are all excluded.
14.4 All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.
14.5 All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.
14.6 These terms and conditions do not exclude or limit liability for death or personal injury caused by you or us.
14.7 These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.
14.8 These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.
Peak Fireworks Ltd. Company No 10385342
VAT No: 258 3674 69
Registered Office: 1, Fisher Lane, Bingham, NG13 8BQ