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BY VISITING OR USING THIS WEBSITE (“FIREBOX.COM”) OR ANY PAGE HEREOF, OR THE PURCHASE OF
PRODUCTS ("PRODUCTS") THEREON, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE AND THAT
SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND FIREBOX.COM, INC (“FIREBOX). IF
YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE THE FIREBOX.COM
SITE OR ANY PAGE THEREOF.
INTRODUCTION
Firebox operates the Firebox.com website. Firebox offers you access to the Firebox.com
website in exchange for your agreement to accept and comply with the terms, conditions, and
notices stated here and as may be modified by Firebox from time-to-time. Firebox refers to
these terms, conditions, and notices, whether modified or unmodified, as the "Agreement" or as
the "Terms". Firebox reserves the right to modify in its sole discretion this Agreement
and/or the Firebox.com Site without providing notification. You are responsible for regularly
reviewing this Agreement.
ADDITIONAL TERMS MAY GOVERN USE OF CERTAIN WEB SITES OR WEB PAGES
WITHIN THE FIREBOX.COM WEB SITES
Your use of certain web sites and/or web pages within the Firebox.com website may be subject to
additional terms that are specific to such web sites and/or web pages (the "Specific Terms")
as either contained (i) on this page below this Agreement and/or (ii) on such web sites and/or
web pages (for example, terms that typically govern particular features or offers such as gift
cards, sweepstakes, promotions may are typically found on the relevant web site or web
pages).
To go directly to Specific Terms contained on this page, click on the
appropriate link below:
Shopping with Firebox.com
- You can Order Products in the following ways:
- online via this website;
- by telephoning 1-888-590-FIRE / 1-888-590-3473;
- by faxing a completed copy of the Firebox Order form to (302) 397-2518
- YOU MUST BE OVER THIRTEEN (13) YEARS OLD TO ORDER PRODUCTS.
- When you place an Order for a Product in any of the ways described above ("Order") you are
offering to buy it for the price stated, subject to these Terms.
- When you place your Order online we will send you an email to confirm that we have
received it. This email confirmation will be produced automatically so that you have
confirmation of your Order details. The fact that you receive an automatic confirmation does
not necessarily mean that we will be able to meet your Order. Once we have sent the
confirmation email we will then check availability and contact you with a further email. If
the Product is available and the details of the Order are correct, this email will be deemed
an acceptance and will specify delivery details and confirm the price of the Products
purchased. If the Product is not available we will also let you know by email.
- Firebox may cancel any sale and not supply Products if it is reasonable to do so and may
change or discontinue the availability of Products at any time at its sole discretion. If an
Order is cancelled, any payment made for the Products will be refunded in full. This does not affect your legal rights as a consumer.
- All new Orders are deemed separate and each is treated individually.
Price
- The price for each Product is shown excluding Sales Tax. This will be added (if
applicable) at the checkout when you provide your invoice/delivery address.
- We always try to make sure that the prices on our website are accurate but errors may
occur. If we discover an error in pricing of the Products in your Order we will inform you as
soon as possible using the contact details you supply us with. We will then give you the
option of reconfirming your Order at the correct price or cancelling it. (If we are unable to
reach you we will treat the Order as cancelled). If an Order is cancelled, any payment made
for the Products will be refunded in full.
- You will be notified of shipping costs automatically before you submit your credit card
details, based on the delivery address and the shipping service you choose.
- Prices on this website are quoted and charged in $US Dollars and apply to orders shipped
to U.S. addresses.
Payment
- You must pay for your Order before it is delivered and you can do so by credit card or
Firebox Gift Certificate.
- Credit Card
- Orders may be processed online, or by telephone, using a credit or debit card (currently
VISA, MasterCard and American Express). We aim to debit money from your account within one
working day after receiving your Order subject to stock availability.
- To ensure that shopping online is secure, your credit/debit card details will be encrypted
to minimise the possibility of someone being able to read them as they are sent over the
Internet.
- Your credit card company may also do security checks to confirm it is you making the
Order.
- Firebox.com Gift Certificates
- Gift Certificates purchased at Firebox.com must be redeemed online at firebox.com or by
telephone and expire 1 (ONE) year after the date of purchase (where permissible under applicable
law). Gift Certificates and cannot be used for Orders already placed at Firebox.
- If the value of the Order exceeds the value of the Firebox.com Gift Certificate, the
balance must be paid by credit or debit card.
- Unused balances will be held within the recipients voucher for the same period.
- Vouchers have a cash redemption value of 0.001c.
- If you have received a Promotional Gift Certificate from Firebox.com, only one such Gift
Certificate may be redeemed per purchase and other terms may apply (such as a minimum spend
amount). Please see individual offer terms for details.
- NOTE: APPLICABLE LOCAL LAWS AND OTHER SPECIFIC TERMS AND CONDITIONS APPLY TO THE SALE
AND USE OF FIREBOX.COM GIFT CERTIFICATES - CLICK HERE FOR MORE INFORMATION.
Product Availability
- We try to keep the Firebox.com website as up-to-date as possible but cannot guarantee that
particular Product will always be available. If we can't supply a Product you will not be
charged for it and we will refund or re-credit your account with the amount debited by us
where charged in error.
- All offers are available while stocks last. If we are unable to supply a Product you have
Ordered, we will notify you as soon as we can after receiving your Order. If this happens, you
may cancel your Order and we will refund you the money you have paid for it.
Shipping & Delivery
- You will be notified of the delivery costs automatically before you submit your credit
card details. For more information about our shipping options and charges
click here.
- If your Order is made online but you do not pay by credit card or Firebox.com Gift
Certificate, or if you Order in any other way, please contact us for details of the shipping
charges prior to Ordering.
- Firebox offers various shipping options, depending on the destination and the Products you are ordering.
Please see the Checkout page for details on these services. Each Product has a link on the product page
stating the estimated shipping time for that Product and you should refer to these for more
details about shipping times.
- Our couriers may require a signature on delivery, so please specify an address where someone will be
able to sign for your Products during office hours.
- We will make every effort to deliver within the time stated on firebox.com but we will not
be liable for any loss caused to you by late delivery.
- If the Products are not delivered within the estimated shipping time which we quote,
please contact us by telephone or email and we will try to ensure that you receive your
Order as quickly as possible, or if you wish you may cancel your Order and we will refund the
money you have paid.
- Please Order from Firebox with enough lead-time to prevent any loss or disappointment
resulting from the delivery time as Firebox cannot be held responsible for this.
- This does not affect your legal rights as a consumer.
GENERAL USE AND LIMITATIONS ON GENERAL USE OF THE FIREBOX.COM SITE
- Except where we specify otherwise, Firebox offers you access to the Firebox.com Site solely for your personal and non-commercial uses. You promise that you will not use the Firebox.com Site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use or for any purposes other than those that are personal and non-commercial. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Firebox.com Site. This means, among other activities, that agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Firebox.com Site in any manner that could damage, disable, overburden, or impair the Firebox.com Site or interfere with any other party's use and enjoyment of the Firebox.com Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Firebox.com Site.
- If and when requested by Firebox you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of Firebox, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Firebox.com Site. Unauthorized individuals attempting to access prohibited areas of the Firebox.com Site may be subject to prosecution.
- Except with the written permission of Firebox, you agree that you will not create links from any web site or web page to any page within the Firebox.com Site with the exception of the Firebox.com Site homepage currently located at www.firebox.com. The origin of any such link to the Firebox.com Site homepage must be accompanied by a clear and prominent attribution indicating that the link is connected to the Firebox.com Site homepage. For example, prominently positioning the "Firebox" name and mark such that there is clear association between the name and mark and the destination of the link is acceptable. However, you agree that you will not juxtapose the "Firebox" name and mark and the link with your name or any other material(s) in a manner that might give rise to any erroneous conclusion that there is any affiliation or association between Firebox, on the one hand, and you or any other person or entity, on the other hand. You agree that if Firebox, in its sole and unfettered discretion, requests in writing that you remove any link or links to the Firebox.com Site, you will promptly do so. You agree that if you create any link to the Firebox.com Site that you will not employ any technology that results in the placement of content from the Firebox.com Site in a frame and/or a reduced pop-up window and/or any other display mechanism that changes the Firebox.com Site from how they would appear if a user typed in their URL to a typical browser line.
- You agree that Firebox may in its sole discretion and at any time terminate your access to and use of the Firebox.com Site, or any part thereof, with or without notice.
INFORMATION PROVIDED TO YOU THROUGH THE FIREBOX.COM SITE
From Firebox
- The Firebox.com Site contain content and information originated by Firebox (the "Firebox Content"). Firebox presents and makes available such content and information through the Firebox.com Site as a public service, for the sole purpose of aiding you, the individual consumer. Firebox, therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are responsible for confirming the sufficiency and reliability of any such information.
From Firebox.com Affiliates
- For your convenience, the Firebox.com Web Site contains content and information from Firebox.com's affiliates, contractors and partners and/or links to affiliate web sites ("Affiliate Content"). Such content is not under the control of Firebox.com and Firebox.com is not responsible for such content, including without limitation any link contained in such content, or any changes or updates to such content. Firebox.com is providing such content to you only as a convenience, and the inclusion of such content does not imply endorsement by Firebox.com of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use affiliate services, content, software or sites.
Copyright and Trade Marks
- Firebox does not give you any right or interest in any copyright or intellectual property
rights in any Product nor the right to copy them.
- The copyright in firebox.com and the content of all the software, web site and pages
relating to the firebox.com web site is owned by, or licensed to Firebox, unless otherwise
specified and may not be used, copied or altered without our express consent.
- Copyright extends to the design, look and feel of firebox.com, all photographs on it and
its marketing materials.
- You may use firebox.com for private and personal non-commercial use only - i.e. to view,
copy and print portions of firebox.com for the sole purpose of placing Orders. The materials
on firebox.com may not be used for any other purpose.
- Firebox, firebox.com and our logos are trade names or trade marks of Firebox and may not
be used by anyone else without our express permission. We have applied for a registered
trademark in the name "Firebox" and we are also the owners of unregistered trade mark rights
in them.
- However, Firebox does not make any warranty or representation in respect of any other
trade mark and the trade marks of the brands featured on firebox.com belong to their
respective owners.
Privacy and Data Policy
- Firebox makes a commitment to protecting your privacy and promises only to use information
collected about you in accordance with our Privacy Policy.
Returns
- We believe that you will be delighted with your product but there may be occasions where
you feel it necessary to return an item. We aim to keep the process as simple as possible and
these terms do not affect your legal rights as a consumer.
- We will try to attend to all returns as soon as practically possible.
- Unwanted Products
- Our policy is to ensure that you are satisfied every time you place an Order with
us. If you are unhappy with an item when you receive it or if you simply change your
mind please return it to us within 30 days, with the despatch note, having taken reasonable
care of it and in an unused state complete with packaging and all components, and we will
refund you the price you paid for that product (excluding shipping charges).
- We will make the refund directly to the credit/charge card used to place the original
order within 30 days or earlier once we have inspected the returned item and are satisfied
that it has been returned to us in the condition it was in when delivered to you.
- You are responsible for the return shipping cost to us.
- Certain products and services are excluded from this returns policy, including
food/perishable items, personalised products or those made bespoke to your order. These items cannot be
returned for a refund unless they are faulty. Products excluded such as these are clearly marked on the
product information page.
- This does not affect your legal rights as a consumer.
- Faulty Products
- We try to select and package the Products as well as possible to ensure they arrive in
good condition. However, if a Product arrives damaged or with defects, or is not what you
Ordered, we will replace it free of charge or provide a full refund as appropriate, if you
return the Product to us at the postal address below within 30 days of receipt.
- In these circumstances we will also pay you the cost of shipping the faulty product back to us, (subject to us approving the shipping method used to ship the goods back) - please contact Customer Service prior to shipping items back to us and retain a receipt for the shipping charges.
- For help with items later than 30 days after your initial purchase please email us for more information.
- This does not affect your legal rights as a consumer.
- Returning Unwanted or Faulty Products
- Please contact us by telephone (on 1-888-590-3473) or email (at sales@firebox.com) to inform us that you wish to return
Products.
- We may allocate you with a Returns Code which should be included with the package to
improve processing of your return.
- We may also advise you how to send the item back to us. Occasionally items may have to be
picked up by a courier service. Please return your goods to:
Firebox.com Returns
2050 Elmwood Ave
Sharon Hill
PA 19079
- You will be responsible for the returned Products until they reach us.
- Returning Faulty Products
- Please contact us by telephone (on 1-888-590-3473) or email (at sales@firebox.com) to inform us that you need to return a faulty
Product and we will give you a free shipping address.
- Unwanted Products - Custom-made and other Exempt Products
- Due to the bespoke nature of Custom-made and other Exempt products we are unable to offer
our usual 30 Day Money Back Policy on these items. These products will be
clearly identified as such on their respective product pages.
- In addition, certain other products are also exempt from our 30-day Money Back Policy
above; these products will be clearly marked on their respective product pages.
- This does not affect your legal right as a consumer.
Firebox Responsibilities
- Firebox has tried to make the descriptions (including all pictures) of the Products as
accurate as possible but you should check the dimensions stated on firebox.com or contact us
for exact sizes.
- Firebox shall insure Ordered Products at their retail value while being shipped to you.
Please check the delivered Products as soon as possible on receipt as we will not cover any
subsequent loss or destruction.
- FIREBOX WILL PROVIDE ITS SERVICES WITH REASONABLE SKILL AND CARE BUT DOES NOT GIVE ANY GUARANTEES, WARRANTIES OR REPRESENTATIONS IN RESPECT OF ANY OTHER PERSON'S SERVICES.
- BECAUSE OF THE NATURE OF THE INTERNET, FIREBOX PROVIDES AND MAINTAINS FIREBOX.COM ON AN "AS IS", "AS AVAILABLE" BASIS AND MAKES NO PROMISE THAT USE OF FIREBOX.COM WILL BE UNINTERRUPTED OR ENTIRELY ERROR FREE. WE ARE NOT RESPONSIBLE TO YOU IF WE ARE UNABLE TO PROVIDE OUR INTERNET SERVICES FOR ANY REASON BEYOND OUR CONTROL.
- OUR WEBSITE CONTAINS LINKS TO OTHER WEBSITES WHICH ARE NOT UNDER THE CONTROL OF AND ARE NOT MAINTAINED BY US. THESE LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY AND WE ARE NOT RESPONSIBLE FOR THE CONTENT OF THOSE SITES.
- EXCEPT AS PROVIDED ABOVE WE CAN GIVE NO OTHER WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE AND ALL SUCH TERMS ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- You will be responsible for any breach of these terms by you and if you use firebox.com in
breach of these terms you will be liable to and will reimburse Firebox for any loss or damage
caused as a result.
- These terms above shall not limit any rights you might have as a consumer that may not be
excluded under applicable law nor shall they exclude or limit Firebox's liability for death or
personal injury resulting from its negligence nor any fraudulent representation.
- Firebox will not be liable in any amount for failure to perform any obligation under this
agreement if such failure is caused by the occurrence of any unforeseen event beyond its
reasonable control including without limitation Internet outages, communications outages,
fire, flood, war or act of God.
- Please read the instructions, manuals and other user documentation that comes with your
Products carefully. Firebox is not involved in the manufacture of Products and will not advise
on their use or operation or the manufacturer's guidelines. You are urged to use all Products
safely and in accordance with the manufacturer's guidelines.
- These terms do not affect your legal rights as a consumer.
- SUBJECT AS AFORESAID, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIREBOX EXCLUDES LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS WHETHER OR NOT SUCH ARISES OUT OF ANY PROBLEM YOU NOTIFY TO FIREBOX AND FIREBOX SHALL HAVE NO LIABILITY TO PAY ANY MONEY BY WAY OF COMPENSATION, INCLUDING WITHOUT LIMITATION ALL LIABILITY IN RELATION TO:
- ANY INCORRECT OR INACCURATE INFORMATION ON FIREBOX.COM;
- ANY INTERRUPTIONS TO OR DELAYS IN UPDATING FIREBOX.COM;
- THE INFRINGEMENT BY ANY PERSON OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY CAUSED BY THEIR USE OF FIREBOX.COM OR ANY PRODUCT PURCHASED THROUGH FIREBOX.COM;
- ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OR THE INABILITY TO USE THE FIREBOX.COM WEB SITE OR RESULTING FROM UNAUTHORISED ACCESS TO, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA IN CIRCUMSTANCES WHICH ARE BEYOND OUR CONTROL;
- ANY LOSS OF PROFIT, WASTED EXPENDITURE, CORRUPTION OR DESTRUCTION OF DATA OR ANY OTHER LOSS WHICH DOES NOT DIRECTLY RESULT FROM SOMETHING WE HAVE DONE WRONG;
- ANY AMOUNT OR KIND OF LOSS OR DAMAGE DUE TO VIRUSES OR OTHER MALICIOUS SOFTWARE THAT MAY INFECT A USER'S COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY CAUSED BY PERSONS ACCESSING, USING OR DOWNLOADING FIREBOX.COM, OR FROM TRANSMISSIONS VIA EMAILS OR ATTACHMENTS RECEIVED FROM FIREBOX OR ITS LICENSEES AND AFFILIATES;
- THE AVAILABILITY, QUALITY, CONTENT OR NATURE OF THE OTHER SITES ON THE INTERNET THAT ARE OWNED AND OPERATED BY THIRD PARTIES ("EXTERNAL SITES") TO WHICH FIREBOX.COM LINK AND WEB SITES LOCATED ON OR THROUGH ANY EXTERNAL SITE NOR FOR ANY TRANSACTIONS INVOLVING EXTERNAL SITES (INCLUDING AS TO 'COOKIES', PERSONAL DATA, CONFIDENTIAL INFORMATION, OR PURCHASES OF DOMAIN NAMES OR OTHER SERVICES). YOU SHOULD CONTACT THE SITE ADMINISTRATOR OR WEBMASTER FOR THOSE EXTERNAL SITES IF YOU HAVE ANY CONCERNS REGARDING SUCH LINKS, WEB SITE OR TRANSACTIONS;
- ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT.
- WITHOUT LIMITATION OF THE FOREGOING, THE LIABILITY OF FIREBOX FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE TO REFUND THE FEES PAID BY YOU FOR THE PRODUCT (OR PRODUCTS) THAT GAVE RISE TO THE CLAIM.
General
- Firebox may change or withdraw any part of firebox.com, or may refuse you access to the web site at any time, at our sole discretion, for any reason or no reason at all.
- Firebox may also terminate this Agreement and immediately remove, cancel or suspend access
to and use of firebox.com upon breach of any part of these Terms whatsoever.
- Termination shall be without prejudice to Firebox's other rights.
- Firebox acts as principal on its own account and not as agent for you or any other person.
- If Firebox does not enforce any provision of this agreement such will not be considered a
continuing waiver.
- In the event that any part of these Terms is held to be unenforceable, such part will at
Firebox's option be construed as far as possible to reflect the parties' intentions and the
remainder of the provisions will remain in full force and effect.
- These Terms constitute the full agreement between you and Firebox and may only be amended
in writing. They apply to the exclusion of all other terms or conditions of contract proposed.
- Use of Firebox and these terms are subject to the laws of New York.
Contacting Us
- If you would like help when Ordering, information about a Product, a request for a Product
or if you would just like to provide us with feedback on our service, please email us at sales@firebox.com.
- You can also contact us:
- By post at
Firebox.com Inc.,
c/o NFS,
100 Pine Ave,
Holmes,
PA 19043;
- By fax to (302) 397-2518;
- By telephoning 1-888-590-3473 between the office hours of 09:00 and 18:00 (EST).
Firebox.com, Inc
Incorporated in Delaware
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