Terms and Conditions

Overview:

We are Blaze Wear Limited (trading as “Blaze Wear” and referred to as “we”, “our” or “us” in these terms). These terms and conditions (“Terms”) apply when you purchase any products from us and that we supply to you. They also cover the rules in case any conflict arises. Please read these Terms carefully before you submit your order.

Terms and Conditions of Sale

1. Interpretations & Definitions

1.1. The headings in these Terms are for convenience only and shall not affect their interpretation.

1.2. All rights expressly reserved by or granted to us by these Terms shall be without prejudice to any other rights which we may have from time to time.

1.3. Unless expressly stated otherwise, where rights and decisions are to be exercised or made at our discretion, then we shall be under no duty or obligation to you to justify or provide a reason for the decision.

2. Basis of Sale

2.1. These Terms apply to all sales of goods by us to you through our website to the exclusion of all other terms and conditions. These Terms set out the entire agreement to the exclusion of all other terms and conditions.

2.2. All specifications, drawings and particulars of prices, weights, dimensions and performance issued by us are approximate only and are not intended to form the basis of any Contract.

2.3. We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the product. In addition, we may make the following changes to the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

3. Orders

3.1. No order submitted by you shall be deemed to have been accepted by us until we email you to accept it, at which point a contract will come into existence between you and use. All orders are subject to availability and on a first-come first-served basis.

3.2. When you place an order to purchase a product from Blaze Wear, we will send you an e-mail confirmation receipt of your order which contains the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we are processing the order. That acceptance will be complete at the time we send the confirmation e-mail to you. In the event that goods are no longer available we will contact you to offer a replacement. We will at no time send a replacement without contacting you to agree a suitable replacement.

3.3. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product.

3.4. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.5. We reserve the right to alter the specification of products as necessary and offer an equivalent or better product in the event of stock anomalies.

4. Price of Goods

4.1. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 4.3 for what happens if we discover an error in the price of the product you order.

4.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

4.3. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

5. Terms of Payment

5.1. We accept payment with Visa Credit, Visa Debit, Mastercard, American Express & Paypal. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

5.2. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

6. Delivery

6.1. The costs of delivery will be as displayed to you on our website.

6.2. During the order process you can select your preferred delivery method (including timing) and we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

6.3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

6.4. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we (or our third party delivery provider, as applicable) will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

6.5. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7. Title and Risk

7.1. A product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us or a depot, as applicable.

7.2. You legally own the product once we have received payment in full.

8. Required Information

8.1. We may need certain information from you so that we can supply the products to you, for example, your name, delivery address, billing address and payment details. You will be asked to provide this information during the order process.

8.2. If you do not give us the information that we require, or if you give us incomplete or incorrect information, you will not be able to proceed with your order or, if an order is placed, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

9. Limitation of Liability

9.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

9.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent

misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.

9.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.4. Our products must only be used with batteries and chargers that are supplied by Blaze Wear and these products must not be altered in any way. Use of the products must be in accordance with the instructions supplied by us. Any breach of this condition will result in the warranty being voided.

10. Your Rights to Cancel

10.1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

10.1.1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11.2;

10.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 11.3;

10.1.3. If you have just changed your mind about the product, see clause 11.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.

10.2. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

10.2.1. up to 30 days: if your goods are faulty, then you can get an immediate refund.

10.2.2. up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

10.2.3. up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

10.3. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 11.3.1 to 11.3.4 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

10.3.1. we have told you about an upcoming change to the product or these Terms which you do not agree to;

10.3.2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

10.3.3. there is a risk that supply of the products may be significantly delayed because of events outside our control; or

10.3.4. you have a legal right to end the contract because of something we have done wrong [(including because we have delivered late.

10.4. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

10.5. You have 14 days after the day you (or someone you nominate) orders the goods to change your mind and return the goods.

11. Returns (ending the contract with us)

11.1. We will pay the costs of return:

11.1.1. if the products are faulty or misdescribed;

11.1.2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

11.1.3. if you are exercising your right to change your mind.

11.2. If you wish to exercise your legal rights to reject products, you must post them back to us. We will pay the costs of postage. Please contact us on the details provided below for a return label or to arrange collection.

12. General

12.1. These Terms do not purport to confer a benefit on any third party.

12.2. No waiver by us of any breach of the Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

12.3. If any provision of these Terms are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder shall not be affected.

12.4. All photographs, images and descriptions on this website are the copyright and intellectual property of Blaze Wear Heated Products and may not be reproduced without the express consent of Blaze Wear Heated Products.

12.5. These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

13. Contact Details

We are Blaze Wear Limited (trading as Blaze Wear), a company registered in England and Wales. Our company registered number is 02467260 and registered office address is 43 Coniscliffe Road, Darlington, England, DL3 7EH.

Our registered VAT number is 558 3921 12.

You can contact us by telephoning our Customer Services team on +44 (0) 1325 728 754 or by emailing us at customerservice@blazewear.com. If you wish to write to us, please use postal address:

Blaze Wear Ltd, 2 Trinity Court, Faverdale Industrial Estate, Darlington, County Durham, DL3 0PH

If we have a need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.