TERMS & CONDITIONS

PLEASE READ THE FOLLOWING TERMS & CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the South African and other copyright laws, and is the property of Daya’s Fireworks. The collective work includes works that are licensed to Daya’s Fireworks. Copyright 2016, Daya’s Fireworks ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Dynamic Fireworks or purchasing Daya’s Fireworks products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Daya’s Fireworks or to purchase Daya’s Fireworks products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorised by Daya’s Fireworks. You further agree not to change or delete any proprietary notices from materials downloaded from the site

Collections

Payment is required with confirmation of your order. We do not offer a sale or return facility. Goods are prepared for collection up to 5 days prior to reciept of your order. Collections are Only allowed during working hours Monday to Friday.The person who comes for collection must be eighteen years of age or over.A valid id or drivers licence must be presented upon collection of orders.NO ORDERS WILL BE DISPATCHED WITHOUT A VAILD ID. Please make sure the person who is collecting the order is able to receive and store them in the correct manner according to handling and storage of fireworks. The order will not be dispatched without a valid signature. NO DELIVERIES OR SHIPPING *ALL ORDERS ARE FOR COLLECTION ONLY AT OUR FORDSBURG STORE

Claims for shortages must be made in writing within three days of receipt of your goods. Please check all packages carefully and only sign for the number you receive. Do not wait until the day of your display before checking the contents.

All fireworks conform to the Explosives Act 15 of 2003 (Explosives Act) and are supplied on the condition they will be used in accordance with the manufacturer’s instructions supplied.Purchasers must be eighteen years of age or over.

Every effort is made to complete your order in full but should the need arise to make substitutions they will be to the same value or greater. No consequential losses arising out of the use of any products will be accepted. Prices are correct at time of going to press but are subject to change without prior notification. 

When the Consumer Protection (Distance Selling) Regulations 2000 apply Daya’s Fireworks will accept cancellation of an order provided that the customer confirms in writing to the address on this brochure within seven days of receipt of the goods. Upon receipt of such cancellation Daya’s Fireworks will notify the customer of the procedure for collection of the goods. A charge will be made to the customer equal to the cost of Handling fees to Daya’s Fireworks.

Trademarks
All trademarks, service marks and trade names of Daya’s Fireworks used in the site are trademarks or registered trademarks of Daya’s Fireworks.

Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law,Daya’s Fireworks disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Daya’s Fireworks does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Daya’s Fireworks does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Limitation of Liability
Daya’s Fireworks shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Daya’s Fireworks has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.In no event shall Daya’s Fireworks or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Daya’s Fireworks’s Internet site, even if Daya’s Fireworks or a Daya’s Fireworks authorized representative has been notified orally or in writing of the possibility of such damage. 

Typographical Errors
In the event that a Daya’s Fireworks product is mistakenly listed at an incorrect price, Daya’s Fireworks reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Daya’s Fireworks reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Daya’s Fireworks shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Daya’s Fireworks without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, shall survive any termination.

Notice
Daya’s Fireworks may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Daya’s Fireworks.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Daya’s Fireworks or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organisation.Every effort is made to keep the website up and running smoothly. However, Daya’s Fireworks takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

Participation Disclaimer
Daya’s Fireworks does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Daya’s Fireworks is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Daya’s Fireworks reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Daya’s Fireworks in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Daya’s Fireworks, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Daya’s Fireworks may link to sites operated by third parties. However, even if the third party is affiliated with Daya’s Fireworks, Daya’s Fireworks has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Daya’s Fireworks. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Daya’s Fireworks seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work)

Goods

The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.All Goods which appear on the Website are subject to availability.  We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes. 

 

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Legal Disclaimer

Under no circumstances will not be held liable or responsible, directly or indirectly, for any damages, claim, injury, death and/or losses caused by misuse, misconduct, negligence or improper use, of fireworks.

Product Safety 

IMPORTANT READ and FOLLOW ALL MANUFACTURERS INSTRUCTIONS CAREFULLY BEFORE IGNITING ANY FIREWORKS.

 

Fireworks and the Law in South Africa

Regulating Fireworks

Fireworks are a common method to celebrate a new year, Diwali and less known celebrations such as guy fawkes day.  Fireworks displays can be beautiful to look at, however, there are certain regulations when it comes to the handling of fireworks.

The Explosives Act

Fireworks in South Africa are controlled in terms of the Explosives Act 15 of 2003 (Explosives Act). There are also specific by-laws that regulate the use or exploding of fireworks. Firework dealers need to be licensed in terms of the Explosives Act. Only individuals in possession of valid licences may deal in the sale of fireworks.

Municipal By-Laws

eThekwini Municipality takes the Explosives Act very seriously. There are strict Municipal Bylaws when it comes to the use of fireworks. The unlawful use fireworks could see residents face fines of up to R10,000 (Ten Thousand Rands). The municipal bylaw allows for fireworks to be set off from 11.45pm on December 31 until 00.15am in the new year. There are conditions that residents need to adhere to. Low-hazard fireworks, such as fountains, lawn lights and sparkles, can be lit in private homes. Fireworks such as air bombs, supersonic bangs, sound shells, fountain whistles and screeches are prohibited as they cause a disturbance and are a nuisance to neighbours and pets.

Minors and handling fireworks

Minors are prohibited from handling explosives and this includes certain types of fireworks. Municipal bylaws also state that children under 16 years of age to be properly supervised by an adult when letting off fireworks.

Areas where fireworks should not be exploded

It is unlawful for any person to use or explode any firework within 500 metres of any building or any public thoroughfare. It is important to only buy legal fireworks and always check expiry dates on the fireworks. Fireworks should be detonated away from hospitals, clinics, old age/nursing homes, animal welfare organisations and petrol stations. Fireworks should not be pointed towards any person, as this is dangerous. Residents are also reminded that fireworks cannot be recycled and therefore they need to be disposed of appropriately, in black bin bags.