Terms of service

OVERVIEW
Welcome to FireCraft Europe! The terms “we”, “us” and “our” refer to FireCraft Europe. FireCraft Europe operates this shop and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalised shopping experience (the “Services”). FireCraft Europe is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, including all policies referenced herein (the ‘Terms of Service’ or ‘Terms’), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and cover topics such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you may not access or use our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age in the jurisdiction where you reside and that you have given us permission to allow any minor family members to use the Services on devices that you own, purchase or control.
In order to use the Services, including visiting or browsing our web shops or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your billing, payment and shipping details. You represent and warrant that all information you provide in our shops is accurate, current and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account login details and for all activities that occur under your account. You may not transfer, sell, assign or license your account to anyone else.

ARTICLE 2 - OUR PRODUCTS
We strive to provide as accurate a description as possible of our products and services in our webshops. However, please note that the colours and appearance of the product may differ from how they are displayed on your screen. This is related to the type of device you use to access the shop and the settings and configuration of the device.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or correspond to the display or description in our webshop.
All product descriptions are subject to change at any time and without prior notice at our discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products we offer per person, geographical region or jurisdiction on a case-by-case basis. 

ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. FireCraft Europe reserves the right to accept or refuse your order at its sole discretion for any reason. Your order will only be accepted after FireCraft Europe has confirmed it. We must have received and processed your payment before your order is accepted. Please check your order carefully before submitting it. FireCraft Europe may not be able to honour a request for cancellation after your order has been accepted. In the event that we do not accept, change or cancel an order, we will attempt to notify you by contacting you at the email address, billing address and/or telephone number you provided during the ordering process.
You may only return or exchange purchases in accordance with our refund policy.
You represent and warrant that your purchases are for personal use or use within your household and not for commercial resale or export.

ARTICLE 4 - PRICES AND INVOICING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service is the price applicable at the time you place your order. This price is stated in the confirmation email you receive after placing your order. Unless expressly stated otherwise, the prices quoted exclude taxes, shipping costs, handling costs, customs duties and import duties.
The prices displayed in our webshops may differ from the prices in physical shops, or in webshops or other shops operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and are subject to terms and conditions separate from these Terms and Conditions. In the event of any discrepancy between the terms and conditions of a promotion and these Terms and Conditions, the promotion terms and conditions shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases you make in our stores. You agree to immediately update your account and other information, including your email address, credit card numbers and credit card expiry dates, if they change, so that we can process your transactions and contact you if necessary.
You represent and warrant that (i) the credit card details you provide are accurate, correct and complete; (ii) you are authorised to use the credit card for purchases; (iii) your expenditure will be approved by the credit card company; and (iv) you will pay the costs you incur in accordance with the prices displayed, including shipping costs, handling costs and all applicable taxes, if applicable.

ARTICLE 5 - SHIPPING AND DELIVERY
We are not liable for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance or events beyond our control. Once we have delivered the products to the carrier, ownership and risk of loss are transferred to you.

ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, texts, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are the property of FireCraft Europe, its affiliates or licensors, and are protected by patent, copyright and intellectual property laws in the United States and other countries.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material within the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants you any licence or other rights under any patent, trademark, copyright or other intellectual property of FireCraft Europe, Shopify or any third party. Unauthorised use of the Services may violate federal and national intellectual property laws. All rights not expressly granted in these Terms are reserved by FireCraft Europe.
The names, logos, product names, service names, design elements and slogans of FireCraft Europe are trademarks of FireCraft Europe or its affiliates or licensors. You may not use such trademarks without the prior written consent of FireCraft Europe. The Shopify name, logo, product names, service names, design elements and slogans are trademarks of Shopify. All other names, logos, product names, service names, design elements and slogans within the Services are trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS
You may be able to access customer tools offered by third parties as part of the Services. We do not monitor these tools and have no control over or influence on them.
You acknowledge and agree that we provide access to such tools as they are and as available, without any warranties, representations or conditions of any kind and without any endorsement. We are in no way liable for any damage arising from or related to your use of optional tools from external parties.
You use optional tools offered through the site entirely at your own risk and discretion. You are responsible for ensuring that you are aware of and agree to the terms and conditions under which the tools are provided by the relevant external party or parties.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.

ARTICLE 8 - LINKS TO EXTERNAL PARTIES
The Services may contain materials and hyperlinks to websites offered or managed by external parties (including any embedded functionality from external parties). We are not responsible for investigating or evaluating the content or accuracy of materials or websites of external parties that you wish to access. If you decide to leave the Services to access such materials or sites of external parties, you do so at your own risk.
We are not liable for any damages or adverse consequences related to your visit to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please review the third-party's policies and practices carefully and ensure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
FireCraft Europe uses Shopify to provide you with the Services. However, all sales and purchases you make in our shop are handled directly with FireCraft Europe. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and FireCraft Europe, including injury, damage or loss resulting from purchased products and services. You hereby expressly indemnify Shopify and its affiliates from any claims, damages and liabilities that may arise from or relate to your purchases from and transactions with FireCraft Europe.

SECTION 10 - PRIVACY POLICY
Any personal information we collect through the Services is subject to our Privacy Policy, which you can view here. Certain personal information may also be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you confirm that you have read the relevant Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services to you. Information you submit to the Services is forwarded to and shared with Shopify, as well as with third parties who may be located in countries other than your country of residence, in order to provide you with services. Please read our Privacy Policy for more information about how we, Shopify, and our partners use your personal information.

ARTICLE 11 - FEEDBACK
If you submit, upload, post, email or otherwise transfer any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively referred to as “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, email or otherwise transmit, you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. We may use our rights under this licence, for example, to operate, provide, evaluate, improve and promote the Services, and to fulfil our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that (i) you are the owner of all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you have received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are not obligated now or in the future to (1) keep your Feedback confidential; (2) pay you for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, abusive, pornographic, obscene, or otherwise unacceptable, or that violates any party's intellectual property rights or these Terms of Service.
You agree that your Feedback does not infringe the rights of any third party, including copyrights, trademarks, privacy rights, personality rights and other personal or proprietary rights. You further agree that your Feedback will not contain any defamatory or otherwise unlawful, offensive or obscene statements, nor any computer viruses or other malware that could in any way affect the operation of the Services or related websites. You may not use a false email address, impersonate anyone else, or otherwise mislead us or third parties as to the origin of the Feedback. You are solely responsible for the Feedback you submit and its accuracy. We are not responsible and assume no liability for Feedback posted by you or any third party.

ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information related to or contained in the Services may contain typographical errors, inaccuracies or omissions. This information may relate to product descriptions, prices, promotions, offers, shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information. We may also cancel orders if relevant information is incorrect, at any time and without prior notice (even after you have placed an order).

ARTICLE 13 - PROHIBITED USE
You may only use the Services for lawful purposes. You may not, either directly or indirectly, access or use the Services (a) for any unlawful or harmful activity; (b) to violate any international, national, federal or provincial laws, regulations, rules or local ordinances; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage or intimidate our employees or other persons; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use or reuse material that does not comply with these Terms; (g) to send or cause to be sent advertising or promotional material, including junk mail, chain letters, spam and other similar methods; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other activity that restricts or inhibits the use of the Services by others, or that, as determined by us, may be harmful to FireCraft Europe, Shopify or users of the Services, or expose them to liability.
Furthermore, you agree not to: (a) upload or transmit any viruses or other types of malicious code that in any way affect or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) use spam, phishing, pharm, pretext, spider, crawl or scrape; and (e) disrupt or circumvent the security features of the Services, related websites, other websites or the internet. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time, at our sole discretion, without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

ARTICLE 15 - DISCLAIMER OF WARRANTIES
The information provided on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, other visitors to the Services, and other persons who may be informed of its contents.
UNLESS EXPRESSLY STATED BY FireCraft Europe, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE. WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

ARTICLE 16 - LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, FireCraft Europe, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACTUAL PROVISIONS, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF ANY OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, ERRORS OR OMISSIONS IN THE CONTENT, OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR CONTENT THAT (OR A PRODUCT) IS POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ARTICLE 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless FireCraft Europe, Shopify and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors and service providers from and against any and all costs related to losses, damages, liabilities, or claims, including reasonable legal fees, that must be paid to a third party as a result of or arising from (1) your breach of these Terms of Service or documents incorporated herein by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you in the event of a claim that gives rise to indemnification, provided that failure to provide timely notice will not relieve you of your obligations unless it materially prejudices you. We may arrange for the defence and settlement of such a claim at your expense, including the use of a solicitor, but we will not settle claims that require non-monetary obligations on your part without your consent (which you may not withhold for unreasonable reasons). You are obliged to cooperate in the defence of claims that give rise to indemnification, including by providing relevant documents.

ARTICLE 18 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service. Such a finding shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafter.

ARTICLE 20 - TRANSFER
You may not delegate, transfer or assign this Agreement or your rights or obligations under these Terms and Conditions to others without our prior written consent. Any attempt to do so shall be declared null and void. We may transfer, assign or delegate these Terms and Conditions and our rights and obligations to others without your consent or notification.

ARTICLE 21 - APPLICABLE LAW
These Terms of Service and any separate agreements whereby we provide you our Services shall be governed by and construed in accordance with the federal and state-specific or provincial courts in the jurisdiction where FireCraft Europe has its principal place of business. You and FireCraft Europe consent to the power and personal jurisdiction of the court in that jurisdiction.

ARTICLE 22 - HEADINGS
The headings used in this agreement are for information purposes only and do not limit or affect these Terms in any way.

ARTICLE 23 - CHANGES TO THE TERMS OF SERVICE
You can consult the most recent version of the Terms of Service on this page at any time.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service. Updates and changes will be posted on our website. It is your responsibility to check our website periodically for changes. We will send you a notice of any material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. Your continued access or use of the Services after any changes to these Terms of Service have been made constitutes your acceptance of those changes.

ARTICLE 24 - CONTACT DETAILS
Please address any questions about the Terms of Service to us at info@firecraft-europe.eu.
Our contact details are listed below:
FireCraft Europe - BBQ Base BV
info@firecraft-europe.eu
Zandstraat 17 3545 Halen
BE0681.486.861