Chestnut Trading Limited T/A Direct Fireworks
IT IS ILLEGAL TO SELL ADULT FIREWORKS TO ANYONE UNDER THE AGE OF 18 AND IT IS ILLEGAL FOR ANYONE UNDER 18 TO POSSESS ADULT FIREWORKS IN A PUBLIC PLACE.
ANY PERSON ACCEPTING DELIVERY MUST BE OVER 18.
DELIVERIES IN SCOTLAND ARE LIMITED TO 5KG NEC, UNLESS BUYERS CAN PROOVE THEY ARE EXEMPT.
Chestnut Trading Limited T/A Direct Fireworks does not disclose buyer’s information to third parties other than when order details are processed as part of the order fulfillment. In this case, the third party will not disclose any of the details to any other third party. Chestnut Trading Limited T/A Direct Fireworks will add you to their own in-house mailing system to enable us to advertise our products and any offers to you. You can request not to by ticking the box in your online order process or contacting us to let us know that you wish to unsubscribe from any further mailings.
If you need to reach us, please email us using the link on the ‘contact us’ page, alternatively, by the details below
If upon receipt of your goods you are not entirely satisfied, we will be happy to provide you with a full refund, excluding delivery, providing the goods are returned to us in good condition.
Should our products not reach you in perfect condition we will do our best to resolve the matter quickly and efficiently. When possible, we will send an identical replacement product or send a product that is of equal value to or exceeds the value of the original product
This website is owned and operated by Chestnut Trading Limited T/A Direct Fireworks, who are completely dedicated to your total satisfaction. If you have any suggestions or comments or if you need to contact us, please email us using the link on the ‘contact us’ page or use the details below.
Your rights to return goods are protected under the EU Distance Selling Directive.
You are entitled to cancel your order and return the goods within 7 working days for a full refund. Do this by contacting us by email or telephone and quoting the order number supplied to you. Your refund will be paid within 30 days. You are responsible for the cost and risk of loss or damage when returning the goods, so you should take out enough insurance to cover their value. This cancellation policy does not affect your rights when we are at fault – for example, if goods are faulty or mis-described.
Any goods returned should be in saleable condition and in all their original packaging and the delivery box that they came in (A UN CARTON). It is illegal to send fireworks in any other type of box/carton and the responsibility will lie with you.
These terms apply to your order. We may change our terms and conditions at any time, so please do not assume that the same terms will apply in the future.
None of these terms affect your legal rights and these are not diminished in any way. If any term is held to be invalid under any applicable statute or rule of law, that term is automatically omitted from the terms to minimum extent necessary to comply with the law and without affecting the validity or enforceability of the remainder.
Our Contact details:
Chestnut Trading Limited T/A Direct Fireworks
Unit 2, Binbrook Technical Park, Binbrook, Market Rasen, LN8 6HF
Phone: 01472 514002
1 Buyer means the person whose name and address appears on the order form.
2 Conditions means the terms and conditions herein.
3 Seller means Chestnut Trading limited T/A Direct Fireworks
4 Goods means those fireworks more particularly requested by the buyer on the order form.
1 The following are the sole conditions under which the seller is prepared to enter into any transaction with buyer. They are to be read subject to any express provisions of any written contract between buyer and seller signed by duly authorised agent of seller. Insofar as there is any difference from or variation of these conditions by any conditions which would otherwise be implied, or which are conditions customary in the trade or which are conditions which buyer might in the absence of these conditions impose these conditions shall be paramount. These conditions together with any written contract signed by seller constitute the entire bargain between seller and buyer. That bargain may be varied only by a written agreement signed by seller. Seller shall not be deemed to accept other conditions nor to waive any of these conditions by.
2 failing to object to provisions contained in any purchase order or other communication from buyer or knowledge of buyer’s usual trading conditions.
3 any concession latitude or waiver allowed by seller at any time.
4 signing any acknowledgement or order or any other form submitted to seller by buyer.
PASSING OF RISK
1 The risk in goods and packages shall pass to buyer when the goods have left the business premises of the seller from where the goods were dispatched and seller shall not have any responsibility in respect of the safety of the goods thereafter. Accordingly, buyer should insure the goods against all risks
2 Where goods are sold all risk of loss or damage in transit shall pass to buyer when goods placed on board notwithstanding that the property in the goods may not have passed to buyer and seller shall be under no obligation to give buyer notice specified in section 32(3) of Sale of Goods Act 1979.
3 The goods are sold subject to the Manufacture Storage of Explosives Regulations 2009. All products comply with BS EN 15947 (CE) and are classified with the Health & Safety Executive on the sellers Competent Authority Document.
PASSING OF PROPERTY
1 In this clause
“payment in full” means payment of or crediting by seller of buyer with the full price of the goods together with all consequential expenses for which buyer is liable including means the moment when payment in full has not been made and any part of such payment is overdue.
2 a receiver is appointed of any part of the property of buyer or distress is levied on any goods in possession or control of buyer.
3 buyer shall have wrongfully refused or neglected to take delivery of goods or of other goods sold by seller to buyer or the value of goods delivered but not paid for exceeds buyer’s credit limit with seller and seller has given written notice to buyer of such limit.
4 buyer makes default in or commits any breach of any of its obligations to seller.
5 buyer is involved in any proceedings in which its solvency is or impugned or is deemed to be unable to pay its debts.
6 The property in the goods shall remain in seller until payment in full; provided that in the event of buyer the seller may at any time thereafter by notice in writing to the trustee or the buyer elect to transfer the property in any of the goods to buyer and to prove for the amount owing by buyer in respect of those goods.
7 In the relevant event without prejudice to any other rights seller may have buyer shall cease to be in possession of the goods with the consent of seller and seller may recover or re-sell the goods or any of them and may enter upon any premises owned or occupied or used by buyer or any other premises where the goods are, in order to recover the goods.
8 So long as the goods are within the possession or control of buyer until payment in full.
9 Buyer shall be deemed to be the fiduciary bailee of the goods until payment in full.
10 Buyer shall store the goods separately from any other goods in buyer’s possession or control and in such a manner as shall render the goods readily identifiable as the property of seller whether by serial number or otherwise.
11 Buyer shall at its own expense insure the goods with a reputable insurance company against usual perils including fire, explosion, water, damage, theft, aircraft, malicious damage and impact.
12 In the event of sale or other disposal or dealing with the goods by buyer before payment in full.
13 Seller shall be entitled to the proceeds of such sale disposal or dealing.
14 Buyer shall, pending transmission of any such proceeds to seller place the same in a separate account under such title or description as shall identify such proceeds as being held on account of and in trust for seller.
15 Buyer shall at the request of seller do all things necessary to assist seller to recover any proceeds of such sale disposal or dealing receivable by or to the account of buyer.
16 Nothing in or to be implied from this clause shall constitute buyer an agent for seller with regard to any sale or attempted sale or other disposal or dealing with the goods as regards any third party and buyer has no right or authority to make any representations or warranties or give any descriptions of the goods so as in any way to bind seller other than as previously agreed by seller in writing.
17 If buyer incorporates any of the goods in other goods or if any of the goods are admixed with other goods, the property in the whole of such other goods shall become and shall be deemed to be the sole property of seller until payment in full and buyer shall upon request dispatch to seller by recorded delivery post a written acknowledgement that such other goods are the property of seller and shall store such other goods separately from any other goods of buyer.
QUOTATIONS AND ORDERS
1 Seller may reject or amend an order by notice to buyer within 30 days of receipt of order in which case seller has no liability to buyer other than for any part of an order which seller is prepared to supply.
2 Where goods are ordered for immediate delivery seller’s invoice is the order confirmation.
3 The acceptance of an order must be accompanied by clear and sufficient information to enable seller to proceed immediately with manufacture and/or supply of the goods and reasonable and timely co-operation thereafter failing which seller reserves the right to reasonably amend dispatch dates and quoted prices to cover any reasonable increase in costs which have taken place since acceptance or due to buyers omissions or delay in supplying such information or co-operation.
4 Seller is not obliged to regard a letter of intent as acceptance of an order and is not obliged to commence manufacturing upon receipt of a letter of intent.
SELLER’S TITLE AND OTHER SUPPLIERS
1 It is the intention of seller and buyer that seller will transfer only such title as it may have in the goods and subject to any terms on which seller acquired them. Seller will upon request supply buyer with details of any known exclusion restriction or limitation.
NOTIFICATION OF LOSS OR DAMAGE TO GOODS
1 Buyer is responsible to check goods prior to signing the carrier’s delivery note.
2 No qualification on the carrier’s delivery note has any effect unless agreed and signed as correct by the carrier’s driver at the time of delivery.
3 Buyer must advise the carrier and seller and buyer’s insurers in writing (otherwise than by a qualified signature on the carrier’s delivery note) within the following time limits.
4 Partial loss or damage to any separate part of consignment within 48 hours of delivery of the consignment or part consignment.
5 Non-delivery of whole or part of consignment – UK sales within seven days of receipt of dispatch note or invoice whichever is the earliest.
6 It is a condition precedent to the consideration of any credit or allowance that buyer deals with seller promptly and frankly and the goods are returned suitably packed by buyer to seller at buyer’s expense and that buyer complies strictly with the provisions of this condition.
7 Failure to make a claim within such time limits and of which limits time shall be of the essence except where buyer is reasonably unable to so comply shall constitute unqualified acceptance of goods and a waiver by buyer of all claims relating to loss damage non-delivery or error in quantity number weight or volume of goods delivered.
8 The buyer of the goods must give the delivery address to where the goods are to be delivered and that must be to the same address where the Bank Card is registered that the goods were bought with. If you request that the goods are to be delivered to an address where the Bank Card is not registered, then the buyer will need to take out their own insurance against any loss or damage to the goods and cannot hold Chestnut Trading Limited T/A Direct Fireworks or the courier responsible and cannot make any claim or demand a refund.
NON-DELIVERY & VARIATIONS IN QUANTITY
1. All orders are subject to availability of stock.
2. Seller shall not be responsible to buyer in any respect if seller is unable to deliver due to unavailability of stock or due to its allocation to other customers
3. Delivery of fireworks & pyrotechnics, 3-5 days tracked and signed for delivery service but are usually within 7 working days, there is no guarantee that the goods will be delivered due to any unforeseen circumstances that might occur out of the seller’s control. The buyer must be available to accept delivery between 7.00am & 9.00pm any unsuccessful deliveries are chargeable. No deliveries are delivered Saturday or Sundays unless arranged with ourselves. The buyer must be over 18 and any person accepting delivery must be over 18.
SUSPENSION OR CANCELLATION OF CONTRACTS
1 Upon the happening of the relevant event as defined hereof seller shall immediately become entitled (without prejudice to its other claims and rights) to suspend further performance of contracts for such time as it shall in its reasonable discretion think fit or if seller reasonably so considers to treat all or any contracts as wrongfully repudiated by buyer and forthwith terminate all or any contracts. Seller will notify buyer in writing of the exercise of its option to suspend or terminate contracts, as the case may be.
QUALITY AND PURPOSE
1 Goods supplied are warranted to be within normal limits of industrial quality for such goods. All other warranties or conditions as to quality or description (statutory or otherwise) are excluded.
2 The liability of seller for breach of this warranty (or for any other claim based on any defect on the goods) is limited to giving buyer a reasonable credit or allowance in respect of the goods but in no circumstances will seller’s maximum liability exceed the net invoice value of the defective goods.
3 Where work is performed or goods are offered and supplied by seller in accordance with buyer’s instructions no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the goods supplied or work performed or that they will be suitable for any particular purpose or use under any specific conditions notwithstanding that such purpose or conditions may be known to seller.
4 Seller shall not be liable for adverse effects resulting from storage or any process operation or treatment thereto any goods which have been processed in any way by buyer or damaged after the risk in the goods has passed to buyer any expenditure incurred by buyer in respect of goods proved or alleged to be defective unless seller has previously agreed in writing to be so liable, loss of profit or consequential loss of any kind to buyer however caused.
5 Goods may only be returned to seller if so agreed by seller in writing and seller’s reasonable certificate as to the quantity of returned goods received by it shall be final and binding.
6 Where a complaint or claim has been made in respect of goods proved or alleged to be defective seller may at its option either
7 cancel all existing contracts at any time or suspend further deliveries of goods under any contract until the validity and amount of such complaint or claim has been finally determined and in any such event the applicable delivery date(s) shall be postponed accordingly without liability by seller to buyer.
8 Complaints as to quality can be considered only if written notice is given to seller immediately buyer is aware of the defect and provided the defective goods are placed aside for inspection by seller or at seller’s option returned initially or buyer pays seller’s costs of travelling and inspection. If the goods are later proved to be defective seller shall be liable to buyer for the cost of returning the goods at buyer’s expense. No liability shall attach to seller hereunder unless and until this procedure has been strictly carried out.
1 The buyer warrants that the premises comprised within the delivery address comply with the Regulations for which purpose the buyer indemnifies the seller for any liability arising from a breach thereof.
CANCELLATION OR NON PAYMENT
1 If buyer purports to cancel a contract or refuses to accept delivery of goods hereunder buyer is liable to seller for a sum equal to the seller’s loss or a sum equal to 10% of the net value of the goods whichever is higher.
DELIVERY1 Delivery date means the date upon which the goods are required for delivery, quoted on the order form and all deliveries must be taken up by such delivery date.
2 Unless otherwise specifically agreed in writing seller may effect delivery of the goods by whatever means seller thinks most appropriate.
3 The indicated delivery date specified in the contract is a genuine forecast in the light of current conditions but is given without legal commitment and accordingly so far as concerns delivery time shall not be of the essence.
4 Seller reserves right to make delivery by instalments but no default or failure by seller in respect of any instalment shall vitiate the contract; buyer shall make payment according to invoice notwithstanding any request by buyer to postpone delivery.
5 Seller may deliver goods in advance of the quoted delivery date on giving reasonable notice to buyer.
6 If seller fails to deliver the goods for any reason other than beyond seller’s reasonable control or buyer’s fault and seller is liable to buyer, seller’s liability is limited to the excess (if any) of the cost to buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the goods.
7. The buyer of the goods must give the delivery address to where the goods are to be delivered and that must be to the same address where the Bank Card is registered that the goods were bought with. If you request that the goods are to be delivered to an address where the Bank Card is not registered then the buyer will need to take out their own insurance against any loss or damage to the goods and cannot hold Chestnut Trading Limited T/A Direct Fireworks or the courier responsible and cannot make any claim or demand a refund.
8. Delivery of fireworks & pyrotechnics, 3-5 tracked and signed for delivery service but are usually within 7 working days, there is no guarantee that the goods will be delivered due to any unforeseen circumstances that might occur out of the sellers control. The buyer must be available to accept delivery between 7.00am & 9.00pm any unsuccessful delivery are chargeable. No deliveries are delivered on Saturday or Sundays unless arranged with ourselves. The buyer must be over 18 and any person accepting delivery must be over 18.
1. All delivery charges are set at the couriers rate any increase in delivery charges will automatically be calculated in the order.
1 Time of payment shall be of the essence.
2 Unless otherwise stated in writing by seller all accounts are payable on line or with invoice date and are not subject to discounts save such discounts agreed between seller and buyer and stated on the order form. All discounts are conditional on the invoice being paid in full on the due date. If payment is not so made then no discount shall apply and the full amount of the goods shall be payable.
3 If buyer fails to pay an invoice on the due date then seller may charge in addition to the amount shown on the invoice.
4 Interest (both before and after any judgement) on the amount unpaid at the rate specified under the Late Payment of Commercial Debts (Interest) Act 1998 (which at present is 8% per annum above the official dealing rate) from the date of payment.
5 An administration fee of £20 per month or part month from the date of the invoice until the date of payment.
6 The cost of time spent pursuing payment and any travelling expenses incurred and the amount of all legal costs incurred by seller in connection with recovery of the whole or any part of the monies due to seller (on a full indemnity basis) whether or not proceedings are commenced or costs can be awarded by the court.
7 No time or indulgence allowed by seller shall prejudice any right or remedy which seller may have hereunder.
8 Where goods are to be delivered by instalments payment for each instalment shall be a condition of delivery of subsequent instalments.
LOSS IN RATES OF EXCHANGE AND PRICE VARIATION
1.If a contract is entered into at a price in any currency other than English sterling and any decline in the value of such currency as compared with English sterling takes place between the date when the contract is made and the date or dates upon which the payments are due buyer shall pay to seller an additional amount equivalent to any exchange loss incurred by seller by reason of such decline.
2. Value added tax and any other taxes applicable will be charged in accordance with legislation in force at the appropriate time.
3. Until an order has become binding on seller all prices are subject to change without prior notice.
1 Buyer accepts an obligation to seller that none of the trade marks applicable to the goods shall be used whether in the United Kingdom or abroad in any manner not approved by the appropriate registered proprietor and that the same shall not be used as aforesaid in relation to any of the goods supplied after they have been processed or treated in any manner disapproved by the appropriate registered proprietor and buyer will indemnify seller accordingly.
1 Copyright in all works documents drawings and designs (whether unregistered design right or rights in designs capable of registration) (including databases) prepared by buyer or seller and in any works executed from those documents drawings and designs shall unless previously specifically agreed in writing remain the property of seller.
2 Buyer shall be entitled as licensee to use works documents drawings and designs produced by seller but only within the scope of the agreement as to these as being between seller and buyer.
3 Seller does not warrant that it has copyright in all works documents drawings and designs as this may be vested in artists photographers and others commissioned or subcontracted by seller.
4 If buyer reproduces seller’s design without such consent buyer agrees to pay seller 2% of seller’s reasonable estimate of the higher of the cost or sale price of the works or goods referred to in the documents or drawings.
1 Any goods delivered to or in the custody or control of seller are subject to a lien upon them for the general balance of account and all liabilities of any kind whatsoever owed to seller by buyer and a sufficient quantity of them may be sold and the proceeds credited against such balance of account if the amount due is not paid within 21 days of notice being given by seller to buyer of the intention to sell. If any sum remains after such credit it shall be paid to buyer less any incidental expenses incurred in the selling of the goods.
1 Seller may suspend deliveries totally or partially without any liability to buyer for failure to deliver or delay in delivery during any period in which it is prevented from or hindered or delayed in manufacturing supplying or delivering by normal route or means of delivery, the goods of the description covered by contracts through any circumstances outside the control of seller including but not limited to wars fires strikes lockouts accident reductions in or unavailability of power or other services at manufacturing plant breakdowns of plant or machinery or shortage or unavailability from normal sources or routes of supply of raw materials or governmental action and where the goods are to be or are being supplied through seller from any other manufacturer or supplier whether within or outside the UK in the event of a reduction or cessation in the availability of the said goods or any materials or services involved in their manufacture supply or delivery for any reason whatsoever beyond the reasonable control of the said manufacturer or supplier.
PROPER LAW AND JURISDICTION
1 All disputes arising out of or in connection with the contract shall be governed by English law and buyer accepts the jurisdiction of such court whether in England or elsewhere as seller may nominate.
1 Any notice shall be in writing and may be served by prepaid first class letter post delivery or facsimile to the last known address of the appropriate party. Services shall be deemed to be effective 24 hours after delivery by post, upon receipt after delivery and instantaneously by facsimile.
GOODS, SALE OR RETURN
1 No goods are delivered on sale or return.
1. The buyer of the goods must give the delivery address to where the goods are to be delivered and that must be to the same address where the Bank Card is registered that the goods were bought with. If you request that the goods are to be delivered to an address where the Bank Card is not registered then the buyer will need to take out their own insurance against any loss or damage to the goods and cannot hold Chestnut Trading Limited T/A Direct Fireworks or the courier responsible and cannot make any claim or demand a refund. The buyer must be over 18 and any person accepting delivery must be over 18.
THE FIREWORKS (SCOTLAND) MISCELLANEOUS AMENDMENTS REGULATIONS 2021
Guidance on new regulations controlling the supply of category F2 and F3 fireworks (not including F1 firework products) in Scotland that comes into force on 30 June 2021.
The regulations include three new measures in relation to the way the general public can use and access fireworks. The regulations:
- Restrict the times of day fireworks can be used by the general public to between 6pm and 11pm, with the exception of 5 November (when they can be used from 6pm until midnight), New Year’s Eve, the night of Chinese New Year and the night of Diwali (when they can be used from 6pm until 1am);
- Restrict the times of day fireworks can be supplied to the general public to during the daytime hours of 7am and 6pm, alongside existing requirements on retailers around sale and storage licences;
- Limit the quantity of fireworks that can be supplied to the general public to 5kg.
The new restrictions on the supply of fireworks, which includes sales, apply across Scotland, all year round. They apply to all forms of sale, including online orders and deliveries from businesses based both within and outwith Scotland that are supplying firework products to consumers in Scotland.
Certain customers are exempt from the regulations and may be supplied fireworks outside the permitted hours, and in amounts exceeding the permitted quantities. This includes community groups or organisations arranging a public firework display. More information about exemptions is provided below.
Regulation 3A: supply of fireworks outside permitted hours
From 30 June 2021, fireworks may only be supplied to the general public within the permitted hours of between 7am and 6pm.
Existing restrictions on sale and storage of fireworks under the Fireworks Regulations 2004 and Explosives Regulations 2014 continue to apply. For example, during most of the year fireworks may only be sold by traders licensed by the local authority. At specific times around Bonfire Night, New Year, Chinese New Year and Diwali, traders must be licensed with their local authority for storage but do not need a licence. Please refer to the existing legislation and guidance for more information.
Trading Standards are responsible for enforcing regulations in relation to the sale of fireworks outwith the permitted hours. This is provided for in the Fireworks Act 2003, which is the law under which these regulations are made. Offences may be punishable by a fine not exceeding level 5 on the standard scale (up to £5000), or up to 6 months imprisonment, or both.
Regulation 3B: supply of fireworks in excess of the permitted quantity
From 30 June 2021 retailers may supply an individual up to 5 kilograms (kg) of category F2 and F3 fireworks at a time, if that individual does not hold an explosives storage licence.
The new 5kg limit is a reduction from the previous limit of 50kg. 5kg refers to the total net mass of explosive substance.
Existing restrictions on the types of fireworks that may be sold continue to apply. For example, the prohibition on sales of fireworks that exceed 120 decibels, and restrictions on sales of fireworks to under-18s, remain in force. Refer to the existing legislation and guidance for more information.
Trading Standards are responsible for enforcing regulations in relation to the sale of fireworks in permitted quantities. Offences may be punishable by a fine not exceeding level 5 on the standard scale (up to £5000), or up to 6 months imprisonment, or both.
Exemptions from regulations 3A and 3B
There are a number of exemptions where fireworks may continue to be supplied to specific customers outside the permitted hours, and/or in amounts exceeding the permitted quantity.
Customers who are exempted are:
- professional organisers or operators of fireworks displays, and their employees;
- suppliers of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015;
- local authority who are putting on a national public celebration or commemorative event, or other display for the local authority;
- organisers of a public fireworks display for a charitable, religious, youth, recreational, community, political or similar organisation;
- customers outside Scotland.
For example, a community group may present their public entertainment licence granted by the local authority to a firework retailer, in order to purchase fireworks outwith the permitted hours specified within the regulations.
In relation to the permitted quantity of fireworks that may be sold, under the Explosive Regulations 2014, the carriers who transport fireworks do not need to have an explosives licence. It is recommended that anyone selling or transferring more than 5kg net mass of fireworks in a single transaction should keep a record of whom they have sold or transferred the fireworks to (including the reference number of the licence, or a copy of their licence) in order to demonstrate compliance.