Terms of Sale
Terms & These terms and conditions describe the basis for the purchase by you and sale by us of the Products described on www.firepowersport.com (the Website) which we own and maintain.
Placing an order
Each order that you place is an offer to buy those Products and we shall accept that offer at our sole discretion, but orders are normally accepted if:
(a) the Products are available;
(b) the order reflects our current pricing;
(c) the Products are for delivery to a destination that we deliver to; and
(d) your credit or account card is authorised for the transaction.
We will confirm receipt of your order through our automatic screen confirmation of the order and we may also follow this up with a confirmatory email. Please note that at this stage your order for Products may not have been accepted by us.
From time to time, we may invite you to register with us for an exclusive opportunity to place an order for Products from us prior to those Products becoming generally available from our Website.
By pre-ordering Products, You are authorising Firepower to automatically charge your account. Please note that you can cancel your pre-order before and until you have received an e-mail from Firepower confirming the shipping. This does not in any way affect your right to withdrawal as set out in these Terms of Sale.
We will use the contact details that you provide to us on registration. We accept no responsibility for any errors contained in any pre-order which you register with us or for any correspondence from us which is not received by you.
Requirements for the formation of a contract
You have to be 16 years of age or older to buy a Products via our Website.
You can only order on our Website if you are a consumer, not a reseller.
You guarantee that the information you provide to Firepower in the request or order is accurate and complete.
Formation of a contract
All information on the Website is an invitation to treat only. The information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.
Firepower is entitled to verify an order in advance at all times and/or to refuse an order without providing reasons and with no liability to you. If Firepower does not confirm your order within ten working days, it is deemed to have been refused.
All purchase orders submitted by you are subject to acceptance by Firepower. We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
(a) If Products are shown on the Website but are not available;
(b) If we are unable to obtain authorisation of your payment;
(c) If shipping restrictions may apply to a Product;
(d) If Products shown on the Website contain a manifest error such as being incorrectly priced or otherwise incorrectly described
After your order placement, we will send you an order acknowledgement email with your order number and details of the Products you have ordered from us and details of any delivery services.
Acceptance of your order and the formation of a contract of sale of the Products between you and Firepower will not take place unless and until you receive an e-mail from Firepower which confirms the shipping of the Products from our warehouse.
Consumers inside the EU now have access to a web-based platform created by the European Commission – this European Online Dispute Resolution Platform can provide assistance if there is a contractual dispute.
The price of the Products and our delivery charges (where applicable) will be as set out on the Website from time to time, except in the case of obvious error.
The stated prices include VAT. Prices are quoted in Great Britain Pound (GBP). We reserve the right to make price and Product changes prior to an order placed by you. We also reserve the right to change, limit or terminate any special offers or discounts at any time.
Firepower charges delivery costs.These costs will, if applicable, be charged separately specified and added up with the total amount of the order.
These will be calculated according to the destination of where your order is being delivered to or collected from and are included in the total price displayed when you place your order.
If your order is for delivery to a destination outside of the European Union, your order may be subject to import duties and taxes. It is your responsibility to pay any such duties and taxes. Any such duties and taxes may vary in different territories. We are unable to advise you in relation to any import duties and taxes and we recommend you contact the local customs office at the delivery destination in this respect.
Firepower sells a large number of Products via our Website, so it is possible that despite our best efforts, that some Products may be incorrectly priced. We will usually verify the price of any Products as part of our dispatch process and if the price of the Products:
(a) is lower than the price stated on the Website, we will charge this lower amount to you when dispatching the Products to you; or
(b) is higher than the price stated on the Website, we will at our discretion either contact you for instructions prior to dispatching the Products or reject your order and notify you of such rejection by email.
We are under no obligation to provide Products to you at an incorrect lower price, even once we have sent an order acknowledgement email to you, if the pricing error is obvious and unmistakeable and could have been recognised by you as an error.
We accept payment by credit card and debit card, as set out on the Website. Payment for the Products and related costs will be due at the time we accept your order. We will usually attempt to take payment once the Products are ready to be delivered.
You confirm to us that you are authorised to use the payment method that you provide to us when placing your order. We may carry out security checking to confirm that this is the case.
If your payment method is not authorised, we may refuse to accept your order and we will not have any responsibility for the non-delivery of the Products.
We are also not responsible for any charges or penalties which may be imposed by the payment provider as result of payment being processed in respect of your order.
All delivery dates and times on the Website are given only for general guidance. In most cases we are able to deliver the Products to you within our estimated delivery times and, where we anticipate that this may be delayed, we will contact you to inform you of this delay.
We will fulfill your order by the date and time set out in the order acknowledgement email or, if no date or time is specified, within a reasonable period from the date of the order acknowledgement email, unless there are exceptional circumstances.
Where the Products are to be delivered, we shall attempt to deliver the Products to the address you specify for delivery, or if none, to the address of the credit or debit card you supply. It is important that these addresses supplied by you to us are accurate.
We are unable to deliver Products to PO boxes or hotels. In most cases a signature will be required from you or the recipient on delivery. Products supplied are not for resale.
If we are unable to deliver the Products to you, then we will be entitled to cancel the Contract and, if payment has already been taken, refund the cost of the Products to you.
We will be responsible for the Products until they have been delivered or have been collected by you. The Products will be at your own risk from this time, but you will not own the Products until we have received full payment of all sums due in respect of the Products, including any delivery charges, and the Products have been delivered to you.
Damaged or defective products
Minor differences in colour and other variations in our Products are possible as a result of different image acquisition, display technologies or other technical reasons. We are not liable for these variations and deviations. Firepower draws your attention to the washing and maintenance instructions printed on the labels of the Products. We are not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions.
For Firepower, quality is paramount. We thoroughly test all our Products in real-life conditions to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective. Please, also note that we have the legal obligation to make sure that our Products are conform to the sales contract.
Returned Products are inspected by our team and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. We undertake to fully refund the cost of any defective Products.
If the problem was caused by reasons other than materials quality or assembly process, the original Product is returned to you. We do not refund products:
(a) Obtained from a source other than the Website
(b) Damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.)
(c) Damaged by misuse or activities other than the intended purpose (use of rugby boots for playing fields, head guards for head protection on a rugby field, mouthguards for protection while playing rugby etc.)
Please note the life expectancy of any Firepower Product depends on the individual using the Product, the conditions of use, and the characteristic wear patterns of the user. Products damaged by normal wear and tear or that have exceeded the reasonable life of the Product are not replaced. Our Customer Service team is available to assist you. You can e-mail us at barryjj[at]firepowersport.com.
Firepower does not exchange Products. If you wish to exchange a Product, you will need to return
your purchase for refund and place a new order. It is only possible to get a refund on returns when the return is in line with our return policy.
You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep the 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 is available from your local Citizens’ Advice Bureau or Trading Standards office.
However, this cancellation right does not apply in the case of:
If the return falls outside of this period, or the Product is worn, damaged or not in its original packaging, Firepower cannot accept the returned Products and cannot give a refund in the case of:
(a) any made-to-measure, personalised or custom-made products (e.g. Products personalised using our iD personalisation service);
(b) any sealed Products which are not suitable for return due to health protection or hygiene reasons, if they are unsealed after you receive them (e.g. mouthguards, underwear, boxer shorts etc.); or
(c) any Products which become mixed inseparably with other Products after their delivery to you.
Your legal right to cancel a Contract starts from the date of the Acceptance Notice (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:
Your Contract is for a single Product (which is not delivered in installments on separate days).
End of the cancellation period
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with an Acceptance Notice on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
- one Product which is delivered in installments on separate days.
- multiple Products which are delivered on separate days.
End of the cancellation period
The end date is 14 days after the day on which you receive the last installment of the Product or the last of the separate Products ordered.
Example: if we provide you with an Acceptance Notice on 1 January and you receive the first installment of your Product or the first of your separate Products on 10 January and the last installment or last separate Product on 15 January you may cancel in respect of all installments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at powerup[at]firepowersport.com. Please include details of your order to help us to identify it.
If you send us your cancellation notice by e-mail then your cancellation is effective from the date you send us the e-mail or post the letter to us.
For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted at our premises. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
(b) [refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; ] (c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
i. if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us; or
ii. if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
(d) If you have returned the Product to us under this clause because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Product to us.
(e) We will refund you on the credit card or debit card used by you to pay.
(f) If a Product has been delivered to you before you decide to cancel your Contract:
i. then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract;
ii. unless the Product is faulty or not as described, you will be responsible for the cost of returning the Product to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
Because you are a consumer, we are under a legal duty to supply Product that are in conformity with this Contract. As a consumer, you have legal rights in relation to Product that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
If we breach the Contract, we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by you and us at the time of entering into the Contract.
We are not responsible for:
(a) losses not caused by our breach;
(b) indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into the Contract, for example loss of profits or loss of opportunity; and/or
(c) failure to provide the Products or to meet any of our obligations under the Contract where such failure is due to events beyond our control.
Our aggregate liability to you in connection with each Contract shall not exceed the value of the Products ordered by you under that Contract.
Nothing in these terms seeks to exclude or limit our liability for death or personal injury caused by our negligence, fraud or any other liability which cannot by law be validly excluded or limited.
If you breach the Contract and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Contract. If any part of the Contract is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under the Contract. Each Contract is personal to you and you may only transfer your rights or your obligations under a Contract to another person if we agree in writing. A Contract is not intended to give rights to anyone except you and us.
We will do our best to resolve any disputes over each Contract. If you wish to take court proceedings against us you must do so within the United Kingdom. The laws of England and Wales will apply.