Terms and Conditions
(Updated 27th June 2022)
The Website is operated by Firestorm Cards a
trading name for Firestorm Trading Ltd ("Firestorm Trading Ltd/we/our/us") a
company incorporated in England (Company Number 08233070) with registered office
at Firestorm Cards, Bell Road, Basingstoke, Hampshire, RG24 8FB. Please:
- read through these terms and conditions carefully before using this website.
- print a copy for future reference.
- also read our Privacy policy section regarding your personal information.
1. General
1.1 We reserve the right to change these terms and conditions at any time. Any
such changes will take effect when posted on the website (see date at the top)
and it is your responsibility to read the terms and conditions on each occasion
you use this website and your continued use of the website shall signify your
acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any
business on whose behalf you use this website
1.3 When you use certain
Firestorm Cards services (including without limitation Wish list
service) please read the additional information provided with regards to such
services as this information will provide you with full details on how to use
such services.
1.4 Certain website services will require registration and subsequent access to
those services will be subject to an approved login name and password ("Password
Details"). Information that you provide on this website must be accurate and
complete. All Passwords Details are accepted and may be withdrawn at our sole
discretion and are exclusive to you and non-transferable and must be treated as
strictly confidential at all times. In the event that you have any concerns
regarding your Password Details or become aware of any misuse then you must
inform us immediately (see Contact Us for more information and full contact
details).
2. Order process
2.1 Please see the
Shipping and Returns for information on how to place an order. All orders that you place on this
website will be subject to acceptance in accordance with these terms and
conditions.
2.2 The 'confirmation' stage sets out the final details of your order. Following
this, we will send to you an order acknowledgement email detailing the products
you have ordered. Please note that this email is not an order
confirmation or order acceptance from Firestorm Cards.
2.3 Acceptance of your order and the completion of the contract between you and
us will take place on despatch to you of the products ordered unless we have
notified you that we do not accept your order or you have cancelled it (please
refer to Shipping and Returns).
2.4 Firestorm Cards restrict ordering of any individual product to a specified limit and reserve the right to cancel any orders which circumvents this limit. If you wish to purchase beyond this limit, please contact us first.
3. Delivery
3.1 Delivery charges and estimated timescales are specified in the
Shipping and Returns section and also when you place an order. We make every effort to
deliver goods within the estimated timescales, however delays are occasionally
inevitable due to unforeseen factors. Firestorm Cards shall be under no liability for any
delay or failure to deliver the products within estimated timescales.
3.2 Risk of loss and damage of products passes to you on the date when the
products are delivered to you or are left with a person or place nominated by
you.
3.3 If you are ordering goods for delivery outside of the UK or the EU, please note that your consignment may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that Firestorm Cards has no control over additional charges in relation to customs clearance. We recommend that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your on-line order. You will be the importer of record and responsible for any import VAT and duty that may be borne. In addition, any charges for import clearance will be borne by you, the customer.
4. Payment
4.1 We take payment from your card or PayPal account at the time we receive your
order, once we have checked your card or PayPal details and stock availability.
Goods are subject to availability. In the event that we are unable to supply the
goods, we will inform you of this as soon as possible. A full refund will be
given where you have already paid for the goods. Additional Terms and Conditions
for payments made by paypal can be found at www.paypal.co.uk. (Firestorm
Cards is not responsible for the content of external websites.)
4.2 To ensure that your credit, debit, charge card or PayPal account is not
being used without your consent, we will validate name, address and other
personal information supplied by you during the order process against
appropriate third party databases. By accepting these terms and conditions you
consent to such checks being made. All information provided by you
will be treated securely and strictly in accordance with the relevant data protection laws..
4.3 a) Online price errors. If we discover an error in the price of goods
ordered, we will inform you as soon as possible (e.g. prior to the goods being
despatched or in store prior to the collection of the goods). We will
provide you the option of reconfirming your order at the correct price or
cancelling it.
b) If you pre order a product and the price changes (due to normal fluctuations
e.g. goods going into or coming out of promotion) before you collect the item or
the item is shipped,
you may request to pay the lowest of i) the price on reservation or ii) the
prevailing price in store at the time of collection.
4.4 Payment can be made by any method specified in How to use this website. For
information about secure online ordering see Security.
4.5 Title to any
products you order on this website shall pass to you on delivery of the
products provided that we have processed and received payment in full for
the products.
4.6 All prices are shown in £s sterling and include
VAT (where applicable) at the applicable current rates but exclude delivery
charges, unless expressly stated otherwise.
4.7 The price of products can be changed more than once. By 'original price' we mean the Recommened Retail Price .
5. Returns, Cancellations and Substitutions
5.1 Sometimes the product specifications from the manufacturer may change, in
which case we will do our best to offer you a similar alternative. We may
experience problems with the supply of certain products and may therefore supply
a substitute of the same or better quality at the same price. If you are not
happy with the replacement or substitute you can return it in accordance with
our 14-day money back guarantee. Where applicable, you may cancel your order in
accordance with your rights under the Consumer Contracts (Information,
Cancellation & Additional Charges Regulations (see the Returns and refunds page
for further details)
5.2 All sizes and measurements are approximate but we do try to make sure that
they are as accurate as possible.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all materials and/or content made available as
part of your use of this website shall remain at all times vested in us or our
licensors. You are permitted to use this material only as expressly authorised
by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within
this website is made available for your personal non-commercial use only and
that you may only download such material and content for the purpose of using
this website. You further acknowledge that any other use of the material and
content of this website is strictly prohibited and you agree not to (and agree
not to assist or facilitate any third party to) copy, reproduce, transmit,
publish, display, distribute, commercially exploit or create derivative works of
such material and content.
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death
or personal injury caused by negligence, fraudulent misrepresentation, or any
other liability which may not otherwise be limited or excluded under applicable
law.
7.2 Subject to Section 7.1 above, Firestorm Cards will use reasonable endeavours to verify
the accuracy of any information on the site but makes no representation or
warranty of any kind express or implied statutory or otherwise regarding the
contents or availability of the site or that it will be timely or error-free,
that defects will be corrected, or that the site or the server that makes it
available are free of viruses or bugs or represents the full functionality,
accuracy, reliability of the website Firestorm Cards will not be responsible or liable to
you for any loss of content or material uploaded or transmitted through the
website and Firestorm Cards accepts no liability of any kind for any loss or damage from
action taken or taken in reliance on material or information contained on the
site.
7.3 Subject to Section 7.1 above, other than as expressly provided in these
terms and conditions with respect to specific products and except for the
exclusive remedies set out at Section 5 above, any indemnities, warranties,
terms and conditions (whether express or implied) are hereby excluded to the
fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above,
Firestorm Cards will not be liable, in contract, tort
(including, without limitation, negligence), pre-contract or other
representations (other than fraudulent on negligent misrepresentations) or
otherwise out of or in connection with the terms and conditions for any:
- economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
- loss of goodwill or reputation; or
- special or indirect losses
- suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
8.2 Firestorm Cards shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
8.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Firestorm Cards.
8.6 Firestorm Cards reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
8.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
8.8 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
a) the Firestorm Cards (as defined below) shall have the right to enforce any rights or benefits under these terms and conditions;
b) the Firestorm Cards shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
c) a person who is a permitted successor or assignee under Section 8.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
d) No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
8.9 No delay or failure by Firestorm Cards to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Firestorm Cards.
8.10 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Firestorm Cards relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Firestorm Cards for your use of this website.
Registered in England with Company Number 8233070
VAT Number 141688501
Firestorm Cards is a trading name of the Firestorm Trading Ltd.
We recommend you print out a copy of these terms and conditions for future reference.
If you have any questions regarding the Firestorm Cards website.