Terms And Conditions Of Supply

This page (together with the documents expressly referred to on it) informs you of information about us and the legal terms and conditions (Terms) on which we sell any of our products (Products) listed on our website (our Website) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Website. Please note that before placing an order you will be asked to agree to these Terms.

If you do not accept these Terms when prompted to do so, you will not be able to order any Products from our Website.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT US

1.1 www.ytmfireworks.com is a site operated by Yanelex Limited ("We"). We are registered in England and Wales under company number 07104239 and have our registered office at 18 Norfolk Square, Paddington, London W2 1RS. Our VAT number is GB 984 8025 83.

1.2 To contact us, please see our Contact Us page.

2. OUR PRODUCTS

2.1 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.2 The packaging of the Products may vary from that shown on images on our Website.

2.3 All Products shown on our Website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

2.4 If the Product is unavailable or we are not able to supply it for any reason, we may provide you with a substitute product which will be equal to or greater value than the product you ordered. If you are not happy with the substitute product you may return them at our cost. If there are no available substitute products we will contact you by email to enquire whether you would like other available products or to cancel your order.

3. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy and the General Data Protection Regulation (GDPR). Please take the time to read our Privacy Policy and General Data Protection Regulation (GDPR).

4. IF YOU ARE A CONSUMER

This clause 4 only applies if you are a consumer.

4.1 If you are a consumer, you may only purchase Products from our Website if you are at least 18 years old.

4.2 Certain Products on our Website can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through our Website.

4.3 We intend to rely upon these Terms in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.

4.4 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

5. IF YOU ARE A BUSINESS CUSTOMER

This clause 5 only applies if you are a business.

5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Website to purchase Products.

5.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in these Terms or any document expressly referred to in them.

6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

6.1 For the steps you need to take to place on order on our Website, please see our FAQ's page.

6.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

6.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.4.

6.4 We will confirm our acceptance to you by sending you an e-mail (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.

6.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Website as referred to in clause 11.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

7. OUR RIGHT TO VARY THESE TERMS

7.1 We reserve the right to change these Terms from time to time, without prior notice, by changing them on our Website.

7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

8. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER

This clause 8 only applies if you are a consumer.

8.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

8.2 However, this cancellation right does not apply in the case of:

• (a) any made-to-measure or custom-made products;
• (b) newspapers, periodicals or magazines;
• (c) perishable goods, such as food, drink or fresh flowers;
• (d) software, DVDs or CDs which have a security seal which you have opened or unsealed

8.3 Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.

8.4 To cancel a Contract, please contact our Customer Services telephone line or e-mail us at [email protected]. You may wish to keep a copy of your cancellation notification for your own records. You will be provided with a Returns Authorisation Number (RAN) which must be quoted when returning your Products.

8.5 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.4. If you returned the Products to us because they were faulty or mis-described, please see clause 8.6.

8.6 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.

8.7 We will issue refunds by way of cheque unless you specifically request that we refund you on the credit card or debit card used by you to pay.

8.8 If the Products were delivered to you:

• (a) you must return the Products to us within 14 days of cancellation with all paperwork and accessories and with the original packaging;
• (b) unless the Products are faulty, mis-described or substitute products supplied under clause 2.4 (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us;
• (c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

8.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

9. DELIVERY

9.1 Your order will be fulfilled by any estimated delivery date set, unless there is an Event Outside Our Control (see clause 14 below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Please note that we have no control over our couriers' delay in delivering your Products to you.

9.2 Delivery will be completed when we deliver the Products to the address you provided at the time you placed your order.

9.3 If no one is available at your address to take delivery, we will, where we are able to, leave you a note that delivery has been attempted. We will attempt to re-deliver your Products within a reasonable time after our first delivery attempt and we reserve the right to charge you for any re-delivery charges incurred. Please therefore ensure that you are available to take delivery of the Products.

9.4 The Products will be your responsibility from the completion of delivery.

9.5 You own the Products once we have received payment in full, including all applicable delivery charges.

9.6 In respect of international deliveries:

• (a) Such deliveries may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount;
• (b) You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order; and
• (c) You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable of responsible if you break any such law.

9.7 This clause 9 is in respect of both domestic and international deliveries.

10. PRICE OF PRODUCTS AND DELIVERY CHARGES

10.1 The prices of the Products will be as quoted on our Website from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.

10.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.

10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of payment, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

10.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our Website and will vary from time to time.

10.5 Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will either write to you or telephone you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

11. HOW TO PAY

11.1 You can only pay for Products using the methods as listed on our Website prior to placing your order.

11.2 Unless otherwise agreed, payment for the Products and all applicable delivery charges is in advance.

12. OUR LIABILITY IF YOU ARE A CONSUMER

This clause 12 only applies if you are a consumer.

12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

12.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.3 We do not in any way exclude or limit our liability for:

• (a) death or personal injury caused by our negligence;
• (b) fraud or fraudulent misrepresentation;
• (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
• (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or
• (e) defective products under the Consumer Protection Act 1987.

13. OUR LIABILITY IF YOU ARE A BUSINESS

This clause 13 only applies if you are a business customer.

13.1 Nothing in these Terms limit or exclude our liability for:

• (a) death or personal injury caused by our negligence;
• (b) fraud or fraudulent misrepresentation;
• (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
• (d) defective products under the Consumer Protection Act 1987.

13.2 Subject to clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

• (a) any loss of profits, sales, business, or revenue;
• (b) loss or corruption of data, information or software;
• (c) loss of business opportunity;
• (d) loss of anticipated savings;
• (e) loss of goodwill; or
• (f) any indirect or consequential loss.

13.3 Subject to clause 13.2 and clause 13.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.

13.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

14. EVENTS OUTSIDE OUR CONTROL

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.

14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or any failure of our couriers and/or suppliers.

14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

• (a) we will contact you as soon as reasonably possible to notify you; and
• (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15. COMMUNICATIONS BETWEEN US

15.1 When we refer, in these Terms, to "in writing", this will include e-mail.

15.2 If you wish to contact us in writing for example, in respect of any complaints you have, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Yanelex Limited at 18 Norfolk Square, Paddington, London W2 1RS and/or [email protected]. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 8, please see that clause 8 for how to inform us.

15.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

15.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

16. OTHER IMPORTANT TERMS

16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

16.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

16.8 We will not file a copy of the Contract between us.