We understand that from time to time you may wish to return a product to us.
We have created this 7 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.
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 7 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.
(3) 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.
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,
- Any product made to your specification.
- Any product made to order.
- Gift vouchers.
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% handling charge or minimum £5.00.
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.
(6) 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.
(7) Force majeure
In this Section and Section 8 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.
(8) 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.
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.
(10) 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).
(11) 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 will survive termination and have effect indefinitely.
(12) 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.
(13) General terms
Images of products on our website are for illustrative purposes; actual products may differ from such images.
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.