Black Cat Fireworks Terms & Conditions
Please read the following Terms & Conditions carefully as they affect your rights and liabilities under the law and set out the terms under which Black Cat Fireworks Ltd “Black Cat Fireworks” makes and sells Products available to you for purchase via its website www.blackcatfireworks.co.uk only.
1 About us
1.1 This web site is owned and operated by Black Cat Fireworks and Black Cat Fireworks supply the Goods. If you need to contact us regarding any queries, comments or complaints please email Black Cat Fireworks using the link on Contact Us or using the details below:
Black Cat Fireworks, Standard Drive, Crosland Hill,
Huddersfield, West Yorkshire, HD4 7AD
Phone: 0148 640640
Fax: 01484 658039
Black Cat Fireworks is registered in England and the registered office is at:
LF Europe, Centenary House, Centenary Way, Salford, Manchester, M50 1RF.
Company Registration No. 1900841. VAT No. GB419845030.
Black Cat Fireworks are part of LF Europe and the Li & Fung Group.
2 Basis of Contract
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Throughout this document the term “You” and “Customer” are interchangeable and for the avoidance of doubt they mean the person who intends to purchase products from Black Cat Fireworks.
2.1 The order constitutes an offer by the Customer to purchase the Fireworks (Products) in accordance with these Conditions. The Customer shall ensure that the terms of the order are complete and accurate.
2.2 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Black Cat Fireworks which is not set out in the Contract. Any descriptive matter, or advertising issued by Black Cat Fireworks and any descriptions or illustrations contained in Black Cat’s website and catalogues are issued or published for the sole purchase of giving an approximate idea of the Fireworks described in them. They shall not form part of the Contract or any other Contract, or any other contract between Black Cat Fireworks and the Customer for the sale of the Fireworks.
3 Age restriction
3.1 The law in England and Wales states that you must be aged 18 or over, to legally buy fireworks.
3.2 Black Cat Fireworks are committed to promoting the safe and legal sale of fireworks.
3.3 When delivery of the fireworks is attempted, we cannot leave fireworks in the possession of any person who is under the age of 18 and Proof of ID may be required should we suspect that the person is under the age of 18 in accordance with our (Think 21 policy).
3.4 On delivery, if no one age 18 or over is present, the Goods will be returned to Black Cat Fireworks and you will be required to pay for the re-delivery of your order.
4 Payment and acceptance
4.1 All prices are stated in pounds sterling and inclusive of VAT.
4.2 The price of an item as displayed on the website does not include the delivery charge, which will depend on the delivery method, quantities and the date of delivery. The rate applicable for the delivery charge will be calculated and displayed in a calendar at the checkout. For more information on delivery arrangements see clause 5 below and delivery information.
4.3 We accept payment by Visa, Mastercard and Paypal. We do not accept payment from cards registered outside the UK. Payment will be taken at point of order using Sage Pay secure payment.
4.4 For your security we use Sage Pay as our secure checkout provider which uses Secure Socket Layer (SSL) technology and 3rd Man as our credit card fraud prevention provider. Your credit/debit card details will be encrypted by the Black Cat Fireworks Ltd Site to minimise the possibility of unauthorised access or disclosure. Once we receive your personal information we store this on secure servers and we do not store your credit card details. If you have any concerns over our security policy please feel free to contact using the details provide in section 1 About us.
4.5 Authority for payment must be given at the time of order. If there is a problem taking payment for all or part of your order we will contact you by telephone or email. If there is a problem with security authorisation of the payment, we will look into this when we process the order, but your order will not be dispatched until we have obtained the required security authorisation from the secure checkout provider and the credit card fraud prevention provider, please note this may delay the delivery of your order, for which Black Cat Fireworks will not be liable.
4.6 After this time, you cannot amend your order (but please see our cancellation policy in section 6 below).
4.7 If we decline to supply an item to you and you have already paid for it, we will give you a full refund of any amount already paid for that item in accordance with our refund policy in section 7 below.
5.1 We deliver to both business and private addresses. When delivery is attempted, you must comply with our Age restriction policy as detailed in Clause 3. If no signature is obtained the goods will be returned to Black Cat Fireworks Ltd and you will be required to pay for the re-delivery of your order.
5.2 The delivery will be made to the address you specify when completing your order and the delivery charge will depend on the delivery method and delivery date, which is calculated and displayed in a calendar at the checkout and is also outlined below:
5.2.1 Next Day* delivery in England, Wales and Scotland (Excluding Scottish Highlands and UK offshore**) is £15 courier delivered Mon – Fri between 8am – 6pm.
5.2.2 Collection in person from our Huddersfield site is FREE
(In this instance, select this option at checkout, place your order online and call 01484 640640 to arrange a collection date.)
*Next day – On orders and payments received and approved before 11am Mon-Thurs we will use reasonable endeavors to ensure that the fireworks are delivered the following working day. Orders received after 11am will be delivered a day later. e.g an order placed before 11am on a Monday will be delivered on Tuesday, an order placed after 11am on Monday will be delivered on Wednesday.
(**Delivery to the Scottish Highlands and UK offshore, and will take approx 2 business days longer)
5.3 Please note we only deliver to addresses within England, Scotland and Wales. (We can not deliver to Northern Ireland, the Channel Islands or the Isle of Man)
5.4 Whilst we make every effort to deliver your order within the timeframe you selected from the delivery calendar at checkout, unfortunately we can not guarantee the date of your delivery and Black Cat Fireworks will not be liable for the failure of the delivery due to circumstances outside its control or the Customer’s failure to provide Black Cat Fireworks with adequate delivery information or any other instructions that are relevant to the supply of the Goods.
5.5 Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond its reasonable control. We shall contact you to let you know if we are having any problems delivering an item to you within that time.
5.6 We use a secure delivery carrier and all drivers operate a strict age of sale policy on behalf of Black Cat Fireworks Ltd.
5.7 Someone aged 18 or over must sign for delivery, proof of ID may be required, if not the goods will be returned to Black Cat Fireworks Ltd. (Challenge 21 policy). By placing an order you are authorising us to accept a signature from another person over the age of 18 on your behalf if you need to sign for an item and you are not present at the time of delivery.
5.8 The Title to the fireworks will not pass to you until we have delivered the item to you, received payment in full in cash or cleared funds and a signature has been obtained (either directly, or by someone else signing on your behalf). When an item is delivered and a signature obtained, risk of damage to, or loss of the item passes to you.
6 Cancellation of order
6.1 At Black Cat Fireworks Ltd we want you to be delighted every time you shop with us. Occasionally though, we know you may want to cancel or return items. You have the right to cancel your order up to 14 working days following the receipt of your order, by contacting us in writing, via the following methods (we regret we cannot accept cancellations by telephone) informing Black Cat Fireworks that you wish to cancel the contract.
E-mail to: email@example.com
Post to: Cancelled Web order, Black Cat Fireworks Ltd, Standard Drive, Crosland Hill, Huddersfield, HD4 7AD
6.2 If the item(s) have not been dispatched from Black Cat Fireworks we will cancel the order and we will refund payment in accordance with our refund policy in section 7 below.
6.3 If the item(s) have been dispatched to you and we are unable to stop the delivery, you can refuse to sign for the delivery so that the item(s) are returned to us and we will refund payment in accordance with our refund policy in section 7 below.
6.4 If you have arranged to collect an item from our Huddersfield site we will automatically cancel the order if you do not collect the item within 7 days from the date arranged with you when you placed your order and we will refund you in accordance with our refund policy in section 7 below.
6.5 Alternatively, if you have already taken delivery or collected the item from our Huddersfield site, please follow the procedure below:
6.6 Once Black Cat Fireworks have received your notification to cancel the order, in writing, (please allow 3-5 working days for this) a member of our customer service team will call you to arrange a specialist carrier collection.
Due to the nature of our product, in order to return an item, you will have to pay a return collection charge of £20.
6.7 Items must be returned in their original and undamaged packaging and outer carton, with all of the original components intact and in a dry condition.
6.8 If an item is returned unused, undamaged, dry and in its original and undamaged packaging, and outer carton, we will refund the item price, VAT and delivery charge.
6.9 Fireworks can not be returned via normal post or parcel carrier.. In accordance with the Distance Selling Regulations (2000), as a customer you will retain legal possession of the goods and you have a duty to take reasonable care of the item(s), during the cancellation period until collection is made and signed for by the specialist carrier. Fireworks should not be left in the care of anyone under 18, therefore in the interest of safety, someone aged 18 or over must be present to sign when the item(s) are collected. We will not accept responsibility for items that have been left outside to get wet, damaged or stolen with no one to sign for the collection. Should you fail to take reasonable care of the goods, Black Cat Fireworks reserves the right to claim for breach of your duty and any financial loss incurred.
6.10 If you do not allow, or comply with the collection of the item(s) as instructed within 28 days of cancellation, and after our reasonable attempts to recover it, you will be deemed to have accepted the item, at which point a new purchase contract will be made and you will be charged for your order, plus delivery charge. This does not affect your statutory rights.
If you have any queries about this process please contact Customer Services on 01484 640640.
7 Refund policy
7.1 If you are entitled to a refund, we will refund you as follows, via the payment method used at point of order within 30 days beginning with the day on which the notice of cancellation was given,
7.1.1 If you paid by payment card, we will refund you on the payment card used at the time of placing your order; If you paid by Paypal, we will refund you on the Paypal account used at the time of placing your order; If you paid by cash on collection, we will refund you person in cash or send a cheque to the value of the items purchased.
7.2 We will refund the delivery charge in full if you return all items of your order at the same time. If you choose to keep some of the items, we will retain the balance of the delivery charge that applies to the items you keep.
8 Defective items
8.1 If you consider your goods to be defective in any way, please notify us immediately in writing, via the following methods:
E-mail to: firstname.lastname@example.org
Post to: Web orders, Black Cat Fireworks Ltd, Standard Drive, Crosland Hill, Huddersfield, HD4 7AD
8.2 On receipt of your complaint a member of our customer service team will call you to discuss the matter accordingly.
8.3 If the defect is caused by misuse or negligence or by failure of you to follow the oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods it will not be classed as the manufacturers’ liability.
8.4 Nothing in these Terms & Conditions affects your statutory rights.
8.5 If you would like further information about your legal rights please contact your local Trading Standards Department or Citizens Advice Bureau.
9 Promotional voucher codes and offers
9.1 From time to time we may offer discounts using promotional voucher codes, which are only valid during the dates specified at the time of issue and can only be used on www.blackcatfireworks.co.uk.
9.2 All offers are subject to availability and while stocks last.
10 Our responsibility to you
10.1 If we are in breach of these Terms & Conditions, Black Cat Fireworks will not be liable to the Customer, whether in contract, tort, (including negligence), breach of statuary duty, or otherwise, for any loss of profit or indirect consequential loss arising under or in connection with the Contract. Our products are for personal use only and our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
10.2 Clause 10 shall not limit or exclude our liability resulting from any products sold being found to cause:
10.3 Death or personal injury caused by Black Cat Fireworks negligence or the negligence of its employees, agents or subcontractors
10.310.4 Defective products under the Consumer Protection Act 1987; or
10.410.5 Breach of the terms implied by section 12 of the Sale of Goods Act 1979
10.510.6 Our liability to you in connection with any order will not exceed the total price paid for the items.
11.1 All our products are all fully compliant with strict legislation across England and Wales and with the CE (BSEN 15947) standard.
11.2 Black Cat Fireworks Ltd is committed to promoting the safe and legal sale and use of fireworks. You must exercise reasonable care when setting off fireworks and ensure you follow the instructions on each firework, stand at the correct spectator distance and always follow the Firework Code.
11.3 The Fireworks are sold subject to the Explosives Act 1875, Health and Safety Act 1994, Manufacture and Storage of Explosives Regulations 2005 and Fireworks Regulations 2004 and any subsequent statutory, legislation or re-enactment or modification.
11.4 Black Cat Fireworks Ltd will not be liable for any damage or costs arising from the misuse of fireworks.
Please see safety information for more details.
13.1 You may not transfer any of your rights under these Product Terms & Conditions to any other person. A person who is not party to the Contract shall not have any rights under or in connection with it. We may transfer our rights under these Product Terms & Conditions to another business where we reasonably believe your rights will not be affected.
13.2 If you breach these Product Terms & Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Product Terms & Conditions.
13.3 We shall not be responsible for any breach of these Product Terms & Conditions caused by circumstances beyond our reasonable control.
13.5 When ordering from the Black Cat Fireworks Site using Sage Pay our secure payment provider, Sage Pay will only accept orders from Web browsers that permit communication through Secure Socket Layer (SSL) technology, for example, 3.0 version or higher of Explorer and versions 3.02 or higher of Netscape. This means you cannot inadvertently place an order through an unsecured connection.
14 Governing Law and Jurisdiction
14.1 This products Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes and claims) shall be governed by and contracted in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions.