CARRIAGE, POST AND PACKING
Charges may be made for delivery options. Current charges are shown on e-mail order provided by The Company.
Any time or date for delivery stated by the company shall be treated as an estimate only. Whilst every effort will be made to dispatch goods, or deliver services, on time, no liability can be accepted by the Company for failure to deliver within the advertised times. The Company shall not be liable for any loss or damage whatsoever (including consequential loss or loss of profit) arising directly or indirectly from any delay in the delivery of all or any of the goods or services howsoever caused.
The Company will accept no liability for shortages, damage to or non-delivery of goods unless the Customer notifies the Company in writing within three business days of receipt of goods.
The Customer shall be bound to accept the goods when they are ready for delivery by the Company and delivery shall be deemed to take place when the goods are delivered to the Customer at the nominated address for delivery or to a nominated carrier as the case may be whereupon the risk of loss, or any other damage whatsoever shall pass to the Customer.
If the Company fails to deliver the goods for any reason other than any cause beyond the Company’s reasonable control or the Customers fault, and the Company is accordingly liable to the Customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the goods in question. Furthermore, The Company shall not be liable for loss of profit or other consequential loss and its liability (whether in contract or otherwise) shall in no case exceed the price of the article or articles in question.
If for any reason the Customer cannot accept delivery of the goods at the time when the goods are due and ready for delivery the Company may either elect to store the goods pending their actual delivery and the Customer shall be liable to the Company for the costs (including insurance) of so doing but the Company shall be under no obligation to insure the goods in storage and the risk of any loss or damage to the goods howsoever arising shall be borne by the Customer, or sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the contract or charge the Customer for any shortfall below the price under the contract.
ACCEPTANCE OF ORDERS
All contracts of sale made by FIRE BIRDS INDIA shall be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the party with whom the company is dealing (The Customer’).
All orders are accepted and fulfilled subject to these conditions of sale unless otherwise varied by agreement in writing by an Officer of FIRE BIRDS INDIA. Use of this site, and the placement of orders through any medium constitutes acceptance of these terms & conditions.
PRODUCT SPECIFICATIONS, DIMENSIONS, ETC.
Whilst the Company will make every endeavor to deliver the goods or services as they are advertised in any Company brochure; actual dimensions, color, specifications and quantities may in certain circumstances vary from those so advertised. The Company reserves the right without prior notice to vary the dimensions, specification, availability and quantities of any goods or services without any liability to the Customer arising directly or indirectly from any such variation.
All text, images & quotations available on this site are subject to changes timely.
In the event that the Company is unable to supply goods as ordered by the Customer, the Company reserves the right to offer goods of equal or superior quality comparable to or compatible with the goods ordered at the same price.
In the event that the Company is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Company shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfillment is prevented.
TRADE NAME AND MARK
Indications of trade names or marks (other than those of the Company) shown in documentation of the Company are not restricted to indications of manufacture but may be indicative of general use of systems, machines etc. associated with the use of such products.
Applications for order cancellation must be made in writing to the Company. Where cancellation of an order is accepted , the Company reserves the right to indemnity from the Customer in full for costs incurred.
All goods sold by the Company are warranted free from defects in materials and workmanship. If the Company shall receive a written complaint from a Customer in respect of goods found to be defective in respect of materials or workmanship only within 3 days of delivery the Company after it has had a reasonable time to investigate the same and examine the goods in dispute shall be entitled at its option to repair or replace the defective goods or refund the purchase price.
No claim will be entertained in respect of any goods which have been repaired or altered in any way or have been the subject of any accident or damage caused by any innocent, willful or negligent act or omission of the Customer, its employees or agents or through use contrary to the manufacturer’s instructions by the Customer, its employees or agents or by circumstances beyond the control of the Company or goods which cannot be shown to have been supplied by the Company.
THE COMPANY’S LIABILITY
The Company shall under no circumstances whatsoever be liable for any indirect or consequential loss howsoever caused.
The Company’s liability in respect of breach or non-performance of any order shall be limited to the invoiced value to which the claim relates.
Goods are not tested or sold as fit for any particular purpose or for use under any specific conditions unless expressly stated.
HEALTH AND SAFETY
In compliance with the above legislation the Company confirms that the goods supplied by the Company as a distributor, manufacturers, or wholesalers of products do not present a hazard to health and safety when properly used for the purpose for which they are designed and provided also that the Customer or its employees or agents take reasonable and normal precautions in their use.
(a) If any provision hereof shall be held to be invalid illegal or unenforceable the validity and enforce-ability of the remaining provisions shall not be in any way affected or impaired thereby.
(b) Waiver by the Company of any breach of these conditions or any granting of time or indulgence by the Company to the Customer shall in no way affect the rights of the Company here-under.
(c) All headings are for convenience only and do not form part of these Terms and Conditions.
(d) Any notice or demand to be given here-under shall be in writing and shall be delivered by hand or sent by first class pre-paid letter to the last known address of the party to be notified and shall be deemed to have been served immediately, if delivered by hand and forty eight hours after posting if posted as aforesaid.
(e) The Laws of India shall govern the validity construction and performance of any contract to which these Terms and Conditions apply and the parties submit to the jurisdiction of the Indian Court.
Transit Risk –
FIRE BIRDS INDIA is shipping all parcels as not insured. If courier company fails to deliver then FIRE BIRDS INDIA will not be liable for any loss due to non-delivery of your order due to any reason like lost and stolen packages. Our risk is shifted to the customer as the order is handed over to shipping company.
So, we advice the customers to insure their order from their side with their own insurance company as many of Indian insurance companies do not provide insurance services in many countries and as we do business with almost all over the word, so it makes it difficult for us to take care of changing policies of insurance companies.
Shipment and tracking details: We will send you an email regarding the shipment of your order, as soon as the items are handed over to the Courier. These alert emails will contain the tracking number and courier company’s website details along with expected date of delivery. you may also check the same on our order status page.
Tracking numbers for orders shipped might take 24 business hours to become active on the courier websites.
Address change requests: Once an order is registered, you cannot make any alterations. However, address alteration requests may be accommodated within 24 hours of placing the order. You may send your alteration request to [email protected] and the needful will be done.
Multiple address order – Currently this option is not available. However, if you want to send the product to different addresses, you can place Multiple Orders.
Time to Ship – For each order we will indicate time to ship at the time of quotation send by e mail. These are indicative & approx. values only and orders can be shipped earlier or later also on case to case basis depending on availability of raw material and other factors.
It is advisable to email us with the exact requirements to get more accurate time to ship estimate.
We are proud to offer such shipping values to our customers, especially when paired with our fast delivery times. In most cases, your order will be processed within 7 days of your placing it. You can expect to receive your order, on average, within 4 to 6 weeks if made to order.
What if any Delays: Time to ship mentioned on our website against each item are indicative and approximate values only and sometimes due to situations beyond our control, delays may occur. No refund, returns, replacement & exchange will be entertained for this reason.
However, benefits such as some store credit to be used for future orders, free gift etc. can be allowed on case to case basis.
If, for any reason, there is going to be a delay in shipping because a material is out of stock or If there is an unusual delay in filling an order, we will notify you by e-mail
However, any dates for delivery are approximate only and we are not liable for any delay in delivering your order or any part of it. We may choose to deliver your order in separate parts. In some cases, we may offer to refund you for unfulfilled part of the order.
VAT/GST & Custom Duties etc. : – VAT/GST, Custom Taxes and Import Duties are not in our control. They vary according to the rules of different countries and must be paid directly by the buyer. VAT/GST, Custom Taxes and Import Duties are not included in our ordering process, but may be charged to you by your government.
International customers are responsible for any customs or duty fees levied by their country. We have no control over these charges and cannot predict where they will occur, as policies vary greatly from nation to nation.
They are entirely your responsibility. The courier company may also charge some additional service charges over and above custom duty on case to case basis.
Billing Address and Shipping Address ? Billing Address is the address where a customer gets his bills from the credit card company. Shipping address is the address where the customer wants to receive their shipment.