Terms and Conditions
Welcome to FlameFare.com
FlameFare and/or its affiliates (“FlameFare.com”) provide website features and other products and services to you when you visit or shop at flamefare.com (the “Website”), use FlameFare.com products, or services, use FlameFare.com applications for mobile, or use software provided byFlameFare.com in connection with any of the foregoing (collectively ” FlameFare.com Services”). “Affiliate” means, with respect to a particular person, any entity that directly or indirectly controls, is controlled by, or is under common control with such person. Please see our Privacy Notice to understand how we collect and process your personal information through FlameFare.com Services. FlameFare.com provides the FlameFare.com Services and sells our products to you subject to the conditions set out on this page flamefare.com is the trading name for FlameFare.
Please read the website terms and conditions carefully before placing your order. By using this website and/or placing an order, you agree to be bound by the terms and conditions set out below. We may change these terms from time to time without noticing you. Changes will apply to any subsequent order received. Once your order has been confirmed, we will not be able to make any changes.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under copyright laws, and is the property of FlameFare . The collective work includes
works that are licensed to FlameFare. Copyright 2021, FlameFare 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 Flamefare.com or purchasing Flamefare.com 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 commercial use, or to place an order with Flamefare.com or to purchase Flamefare.com 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 authorized by Flamefare.com You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Limitation of liability
Flamefare.com 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 Flamefare.com 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.
While Flamefare.com strives to provide accurate product and pricing information, pricing, or typographical errors may occur. Flamefare.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Flamefare.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is priced incorrectly, Flamefare.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
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 Flamefare.com without notice at any time, for any reason. Any termination of this Agreement shall not affect the respective rights and
obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Use of site
Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Flamefare.com 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 organization.
Different pricing currencies:
Pricing of products sold by Flamefare.com is based upon figures calculated in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-U.S. denominations of currency on the Site, other than on the individual product page, may not be the most current. Areas of the Site where non-U.S. denominations of currency might be inaccurate include but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to Flamefare.com, excluding shipping.
1. TERMS AND CONDITIONS TO GOVERN :
These terms and conditions represent the final and complete agreement of the parties and no terms or conditions in any way modifying or changing the provisions stated herein shall be binding upon Flamefare unless made in writing and signed and approved by an officer or other authorized person at Flamefare. No modification of any of these terms shall be modified by Flamefare’s shipment of goods following receipt of the Buyers purchase order, shipping request, or similar forms containing printed terms and conditions additional to or in conflict with the terms herein. If any term, clause, or provision is declared to held invalid by a court of competent jurisdiction, such declaration or holding shall not affect the validity of any other term, clause or provision herein contained.
2. ACCEPTANCE OF ORDERS :
All orders are subject to written price verification by authorized Flamefare personnel unless designated in writing to be firm for a specified period of time. Shipment of goods without written price verification
does not constitute acceptance of the price contained in the order. Flamefare reserves the right, without prior notification, to substitute an alternative product of like kind, quality, and function. If the Buyerwill not accept a substitute, the Buyer must specifically declare that no substitution is allowed when the buyer requests a quote, if such request for quote is made, or, if no request for quote was made, when placing an order with Flamefare.
3. SUBSTITUTION :
Flamefare reserves the right, without prior notification, to substitute an alternative product of like kind, quality, and function. If the Buyer will not accept a substitute, the Buyer must specifically declare that no substitution is allowed when the buyer requests a quote, if such request for quote is made, or, if no request for quote was made, when placing an order with Flamefare
4. PRICE :
Prices quoted, including any transportation charges, are valid for 10 days unless designated as firm for a specific period pursuant to a written quote or written sales acceptance issued or verified by an officer or other authorized
personnel of Flamefare. A price designated as firm for a specific period may be revoked by Flamefare if the revocation is in writing and is mailed to the Buyer prior to the time a written acceptance of
the price is received by Flamefare. All prices and deliveries are F.O.B. shipping point. Flamefare reserves the right to cancel orders in the event selling prices which are lower than prices quoted are established by government regulations.
5. TRANSPORTATION :
Unless otherwise provided, Flamefare shall use its judgment in determining carrier and routing. In either case, Flamefare shall not be liable for any delays or excessive transportation charges resulting from its selection. .
6. PACKING :
Unless otherwise provided, Flamefare will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by Buyer will be paid for by Buyer. All cost of packing and shipment for the Buyer’s special equipment shall be paid for by Buyer.
7. PAYMENT TERMS :
The discount applies only to the invoiced value of the material (not to taxes or freight charges). Flamefare reserves the right to require advance payment or satisfactory security for the goods if the financial
condition of Buyer so warrants as determined by Flamefare. If Buyer fails to make payment in accordance with terms of this agreement or any collateral agreement or fails to comply with any provisions hereof, Flamefare may, at its option (and in addition to other remedies), cancel any unshipped portion of this order. The buyer is to remain liable for all unpaid accounts.
8. TAXES AND IMPORT/EXPORT LICENSES :
Prices do not include taxes. Taxes are paid by Buyer upon invoice from Flamefare unless Buyer provides a valid exemption certificate acceptable to the taxing authority or unless Flamefare is forbidden by law from collection of said taxes from Buyer. Import or export licenses are to be secured by the Buyer.
9. TITLE AND RISK OF LOSS :
Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by Buyer against Flamefare for shortage or damage occurring prior to such delivery to carrier must be made within five (5) days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from Flamefare in the condition claimed. Notwithstanding passage of the risk of loss to Buyer, title and right of possession to the goods sold hereunder shall remain with Flamefare until all payments hereunder, including deferred payments evidenced by notes or otherwise, Interest, carrying charges, and attorneys’ fees, shall have been made in cash, and Buyer agrees to do all acts necessary to perfect
and maintain such right and title in Flamefare.
10. RETURN OF PRODUCTS : See the “Return Policy”.
11. FORCE MAJEURE :
Flamefare shall not be liable for failure to perform its obligations resulting directly or indirectly from or contributed to by acts of God; acts of Buyer, civil or military authority, including wage and price controls;
fires; war; riot; delays in transportation; lack of or inability to obtain raw materials (including energy sources), components, labor, fuel or supplies; or other circumstances beyond Flamefare’s reasonable control,
whether similar or dissimilar to the foregoing. If certain quantities are affected and other quantities are not, the quantities affected shall be eliminated without liability, but the agreement shall remain unaffected. Flamefare may during any period of shortage due to any of the said causes. In no event shall Flamefare be liable for special or consequential damages for any delay for any cause.
12. REASONABLE ATTORNEY’S FEES :
In the event suit or other proceedings shall be brought for the recovery of the purchase price, or any unpaid balance, or the breach by Buyer of any term herein contained, Buyer, shall pay to Flamefare, in addition to
any damages proved by law, reasonable attorney’s fees and costs of collection.
13. LIABILITY :
Flamefare shall not be responsible, obligated, or liable for any injury or damage resulting from an application or use of its products, either singularly or in combination with other products, arising out of acceptance of
this order. Flamefare shall have no liability for errors in weight or quantity delivered unless the claim is made by Buyer within five (5) days after receipt of shipment and accompanied by original transportation bill signed
by carrier noting that carrier received the goods from Flamafare in the condition claimed. If such a timely claim is made by Buyer, and the claim is deemed valid by Flamefare, Flamefare
may fulfill its responsibility by either shipping the quantity necessary to make good the deficiency or at Flamefare ‘s option, crediting Buyer with the invoice price of the deficiency
–All goods sold by Flamefare (Flamefare.com) are warranted to Buyer to be free from defects in material and workmanship, and manufactured in accordance with industry standards. The foregoing warranty is nonassignable and in lieu of and excludes all other warranties not expressly set forth herein ,whether express or implied by operation of law or otherwise including but not limited to any implied warranties of merchantability or fitness. No agent, employee, or representative of Flamefare has any authority to bind Flamefare to any representation, affirmation, or warranty concerning the goods and any such representation, affirmation, or warranty
shall not be deemed to have become a part of the basis of this agreement and shall be unenforceable. Any claimed defect in material or workmanship shall be deemed waived by Buyer unless submitted to Flamefare in
writing within five (5) days from the date the goods are received by Buyer. Flamefare shall not be liable under the foregoing warranty if any loss or damage is caused by improper application or use of the goods.
Flamefare disclaims all liability with respect to the design of the goods and makes no warranty with respect to such design. This warranty is in lieu of and excludes all other warranties, whether express, implied, or
statutory, including implied warranties of merchantability or fitness.
15. REMEDIES AND LIMITATION OF LIABILITY :
Flamefare shall not be liable for incidental or consequential losses, damages, or expenses arising directly or indirectly from the sale, handling or use of the goods, or from any other cause relating there to.
Flamefare‘s liability, in any case, including for claims of breaches of warranty or negligence is exclusively limited, at Flamefare’s option, to the replacement of goods not complying with this
agreement, the repayment of, or crediting Buyer with, an amount equal to the purchase price of such goods, or repairing or arranging for repair of the goods. If Flamefare requests the return of the goods, the goods will be redelivered to Flamefare in accordance with Flamefare’s instructions. The remedies contained in this paragraph constitute the sole recourse of Buyer against Flamefare for breach of any of Flamefare’s obligations, whether of warranty or otherwise. As long as Flamefare makes a good faith effort to rectify any breach, the remedies provided for herein shall be deemed satisfied.
16. SELECTION :
Buyer represents that the goods sold hereunder are fit for their actual or intended use and that Buyer placed no reliance on Flamefare’s skill or judgment in selecting suitable goods or materials or in the design of
suitable goods and materials. Buyer represents that the use and installation of the goods shall be made in compliance with all applicable government requirements. Buyer will defend, indemnify and hold harmless Flamefare, its successors, assigns and subsidiaries from and against all costs (including attorney’s fees), damages and liabilities resulting from actual or alleged claims asserted or any penalties proposed or assessed Flamefare for any alleged violation of any federal, slate or local law, rule, regulation or standard, by reason of or in connection with any use of the goods delivered hereunder.
17. DISPUTE RESOLUTION CLAUSE AND APPLICABLE LAW:
These conditions are governed by and construed in accordance with the laws of the Dubai International Finance Center (“DIFC”). If any dispute, claim, difference or controversy arising out of, relating to or having any connection
with these conditions, including as it may relate in any way to your use of any Flamefare Service, or to any products or services sold or distributed by Flamefare or through flamefare.com, or the existence, validity, interpretation,
performance, breach or termination and/or any dispute relating to any noncontractual obligations arising out of or in connection with them (for the purpose of this section, a “Dispute”) qualifies for determination through the
DIFC Small Claims Tribunal (“SCT”), then the SCT shall have exclusive jurisdiction to settle any such Dispute. For Disputes that do not qualify for determination through the SCT, the courts of the DIFC shall have exclusive
jurisdiction to settle such Dispute and each party submits to the exclusive jurisdiction of the courts of the DIFC. For the purposes of this section, you waive any objection to either the courts of the DIFC or the SCT, as applicable,
on the grounds that either of them is an inconvenient or inappropriate forum to settle any Dispute.
18. LANGUAGE AND CORRESPONDING TEXT:
This agreement has been written in the English language and, If the event of any conflict, the different meanings or contradictory between the English language version and any translation thereof, the English language version shall prevail.
19. OUR CONTACT DETAILS
This Website is owned and maintained by Flamefare.