Terms and Conditions
- Use of Website
BY ACCESSING AND USING THE PYRO DUDES FIREWORKS WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. Your use of the website and the placement of an order is entirely conditioned and subject to your compliance with these Terms and Conditions. Please read these Terms and Conditions carefully and thoroughly, as these Terms and Conditions, together with confirmation of your accepted order will create a binding contract that can only be modified by written agreement between the parties. All orders are subject to approval and acceptance by Pyro Dudes Fireworks. Orders are not binding until acceptance is confirmed by Pyro Dudes Fireworks. Once your order is accepted and confirmed it cannot be canceled. Pyro Dudes Fireworks reserves the right to change these Terms and Conditions at any time.
- Age Requirements
This website and the products sold on this website are restricted to individuals over the age of 18. By use of this website you affirm that you are 18 years of age and legally able to enter into a binding contract and comply with these Terms and Conditions. If you are under 18 years of age please discontinue use of this website immediately.
- Purchase Transaction
The customer agrees that purchase of the products does not constitute a joint venture or partnership with Pyro Dudes Fireworks, nor are you an agent, dealer, or representative of Pyro Dudes Fireworks.
- Pricing and Payment
Payment or evidence of payment in full must be provided prior to the products being shipped. Pyro Dudes Fireworks reserves the right to change prices or update product availability without prior notice. All prices are quoted FOB from the warehouse of origin.
Freight charges must be prepaid prior to shipment. Because freight charges are based on weight, your exact freight charges will not be known until your order is ready for shipment and weighed unless qualifying for “Flat Rate” or “Free Shipping”. Barring qualifying for those conditions, once the order is pulled, packed and weighed, you will be notified of the exact amount of payment required for your order to be shipped.
Pyro Dudes Fireworks arranges with a HAZMAT approved common carrier for shipment of your order. The delivery location you provide must be capable of accepting freight shipments, and it is strongly suggested that a business address be submitted as the delivery location. Once the carrier starts to transport your order Pyro Dudes Fireworks is not responsible for any loss or damage to your order sustained in shipping. Should the carrier be unable to deliver your order or should you refuse delivery and the order is returned to Pyro Dudes Fireworks, you agree to indemnify and hold harmless Pyro Dudes Fireworks from any costs or damages it may incur including all freight charges and a 15% restocking fee. If legal action is required to recover these costs and damages you agree to be responsible for all fees and costs, including attorney’s fees.
By carrier: Upon delivery you must inspect the order thoroughly and all claims for any discrepancies, shortages, or damages must be made in writing to Pyro Dudes Fireworks within 7 calendar days of date of delivery or any and all such claims are waived. Also, if the order appears to be damaged upon receipt please have the carrier’s driver make a written notation of the facts you observe and retain a copy for your records. Have the driver initial and date the written notation; this procedure is necessary because Pyro Dudes Fireworks is not responsible for damage suffered during transportation by the carrier.
Store Pick Up: You may pick up your order at Pyro Dudes physical location. You must, however, at least 48 hours in advance schedule a time and date to pick up your order. If 48 hour advance notice is not provided it is doubtful your order will be processed and lengthy delays should be expected.
- Copyright Notice
All material and content on this website is the sole intellectual property of Pyro Dudes Fireworks, LLC. Any reproduction of these pages for commercial purposes of for distribution to other persons is a violation of United States Copyright law and may subject you to civil and criminal penalties. You may not use, reproduce, print, modify, publish, transmit, create derivative works, or in any way exploit any of Pyro Dudes Fireworks’ copyrighted works without Pyro Dudes Fireworks’ prior written consent.
In general, you can visit our Site without telling us who you are or revealing any Personally Identifiable Information.
When you place an order for products or services, we collect Personally Identifiable Information (such as name, contact and billing information, credit card, and other transaction information). We use this information to deliver your order, process payment, and to communicate with you about the status of your order. Credit card information submitted with your order is used only for payment processing and is not retained on our Site. You may request your purchase be shipped by common carrier, in which case certain information will be shared with the respective carrier for delivery purposes.
We may use the information we collect for the purposes of conducting business operations. We may also use the information to notify you about important changes to our Web site and to inform you about new products and special offers we think you will find valuable. You may notify us by email at any time if you do not wish to receive these offers.
From time to time, we may be required to provide Personally Identifiable Information in response to court order, subpoena, or government investigation. We also reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful. We may release Personally Identifiable Information when we believe that such release is reasonably necessary to enforce or apply our Limited Warranty or to protect the rights, property, and safety of others and ourselves.
- Governing Law
You agree that the laws of the State of West Virginia, without regard to conflicts of laws, will apply to all matters relating to the use of this website. You also submit to the personal jurisdiction of West Virginia and the venue of the State and Federal Courts of West Virginia.
- Law Compliance
The purchaser is solely responsible for compliance with all federal, state, and local laws. Many states prohibit the sale and distribution of various types of fireworks, and the American Pyrotechnics Association has a directory of state laws governing fireworks. Please check your particular state’s laws prior to placing your order.