The Firewinder Company Limited

TERMS & CONDITIONS

BACKGROUND

By using the ‘The Firewinder Company’ website, you agree to be bound by The Firewinder Company Limited’s Terms and Conditions set out below. Your access to and use of www.firewinder.com ("the Website") is subject exclusively to these Terms and Conditions. 

By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice and you accept e-mail as a valid means of communication of any agreement between you and ‘The Firewinder Company’.

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.

1. Limitations on using this website

This site is for your personal use only and is designed for the sole purpose of providing information concerning products and services offered by The Firewinder Company. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from this site, unless The Firewinder Company grants you specific permission in writing.

E-mail addresses posted on this site are not to be used by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior written approval by The Firewinder Company.

2. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

“Carrier” means any third party responsible for transporting purchased Goods to customers;

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Goods” means any products that The Firewinder Company  advertises and  / or makes available for sale through this Website;

“The Firewinder Company” means The Firewinder Company Limited, The Old Library, 44 High Street, Malmesbury, Wiltshire, SN16 9AT, UK (Company Registration No: 5694000)

“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

“Website” means the website that you are currently using (www.firewinder.com) and any pages therein unless expressly excluded by their own terms and conditions.

3. Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of The Firewinder Company.  We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

4. Goods, Pricing and Availability

4.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from The Firewinder Company correspond to the actual Goods, The Firewinder Company is not responsible for any variations from these descriptions. 

4.2 All prices displayed on this web site or quoted by us in writing unless expressly stated otherwise are in £ Sterling.

4.3 You will be required to pay for delivery of the Goods at the rates shown on the Website and it might not be possible for us to deliver to some locations.

4.4 The Firewinder Company does not represent or warrant that such Goods will be available. 

4.5 All pricing information on the Website is correct at the time of going online.  The Firewinder Company reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

4.6 In the event that prices are changed during the period between an order being placed for Goods and The Firewinder Company processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.

4.7 All prices on the Website include VAT.  The Firewinder Company’s VAT number is GB 883 9615 71

5. International Customers
If Goods are being ordered from outside the UK, import duties and taxes may be incurred once your Goods reach their destination.  The Firewinder Company is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and The Firewinder Company cannot guarantee that the packaging of your Goods will be free of signs of tampering.

6. Delivery

6.1 The Firewinder Company will notify you by way of email when your goods are to be dispatched to you.  The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

6.2 If The Firewinder Company receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

7. Money Back Guarantee

7.1 You have a statutory right to a “cooling off” period.  This period begins once your order is complete and ends 7 days after the Goods have been delivered.  If you change your mind about the goods within this period, please return them to The Firewinder Company within 7 days of receipt.  Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of The Firewinder Company.  You are responsible for paying shipping costs if Goods are returned for this reason.

8. Returns Policy

The Firewinder Company aims to always provide high quality Goods that are fault free and undamaged.  On occasion however, goods may need to be returned. 

Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.opsi.gov.uk/si/si2000/20002334.htm

8.1 We ask that all deliveries are checked on receipt for damage or order errors. If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged.  In any event, you should report such damage to The Firewinder Company within 7 days and arrange collection and return.  The Firewinder Company is not responsible for paying shipment costs.  Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

Where you cannot check the delivery please ensure that it is signed for as 'UNCHECKED' (we cannot refund on damaged items unless you do this).

8.2 The Firewinder Company reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. 

9. Privacy

Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. 

10. Disclaimers

10.1 The Firewinder Company makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate.

10.2 We make no guarantee of any specific results from the use of our Goods.

10.3 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

10.4 No part of this Website is intended to constitute a contractual offer capable of acceptance.

11. Changes to the Website and these Terms and Conditions

The Firewinder Company reserves the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If The Firewinder Company is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

12. Limitation of Liability

12.1 To the maximum extent permitted by law, The Firewinder Company accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Goods. Users should be aware that they use the Goods at their own risk.

12.2 Nothing in these Terms and Conditions excludes or restricts The Firewinder Company’s liability for death or personal injury resulting from any negligence or fraud on the part of The Firewinder Company.

12.3 Nothing in these Terms and Conditions excludes or restricts The Firewinder Company’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.

12.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

13. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

14. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

15. Notices

All notices / communications shall be given to us either by post to our office (see address above) or by email to [email protected].  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

16. Law and Jurisdiction

These terms and conditions and the relationship between you and The Firewinder Company shall be governed by and construed in accordance with the Law of England and Wales and The Firewinder Company and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.



© 2008 The Firewinder Company Limited
Version 1.0
11th September 2008