By accessing or using our website and purchasing our products, you agree to be bound by these Terms of Service.
These Terms of Service ("Terms") constitute a legally binding agreement between you and Dan's Fireworks, Inc. ("Dan's Fireworks," "we," "us," or "our"). By browsing our website, placing an order, or making a purchase at any of our retail locations, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use our services.
Key terms used throughout this agreement.
Specific definitions for each term are incorporated into the operative provisions of this agreement and will be expanded upon attorney review.
You must meet minimum age requirements to purchase fireworks from Dan's Fireworks.
You must be at least 18 years of age (or the applicable minimum age required by your state or local jurisdiction, whichever is higher) to purchase fireworks from us. By placing an order or completing a purchase, you represent and warrant that you meet all applicable age requirements. We reserve the right to refuse any sale and require proof of age at any time. Sales to minors are strictly prohibited.
All product listings are subject to availability and we reserve the right to limit quantities or cancel orders.
We reserve the right to limit quantities, refuse orders, or cancel orders at our sole discretion. Product descriptions, images, and specifications are provided in good faith but are not warranted to be error-free. In the event of an error in pricing or product information, we reserve the right to cancel affected orders and notify you promptly.
All prices are in U.S. dollars and are subject to change without notice.
Applicable sales tax will be collected in accordance with state and local law. We accept major credit and debit cards and other payment methods as indicated at checkout. Payment information is processed securely through our payment processor. We reserve the right to verify payment and identity before processing any order.
Shipping of consumer fireworks is subject to carrier restrictions and applicable federal, state, and local law.
We ship only to locations where delivery of consumer fireworks is permitted by applicable law. Estimated delivery times are not guaranteed. Risk of loss transfers to you upon delivery to the carrier. You are responsible for providing a correct and deliverable shipping address. We are not responsible for delays or delivery failures caused by the carrier or circumstances beyond our control.
Due to the nature of fireworks products, all sales are generally final.
Consumer fireworks are highly regulated products and, for safety and regulatory reasons, returns are generally not accepted once products have left our possession. Defective or damaged products should be reported to us within 48 hours of receipt with supporting documentation. Approved refunds or replacements are issued at our sole discretion and are subject to applicable law. We do not accept returns on any product that has been used, damaged by misuse, or stored improperly.
Customers are solely responsible for knowing and complying with all fireworks laws applicable to their location.
Fireworks are regulated at the federal, state, county, and municipal levels. Laws vary significantly by jurisdiction and can change frequently. By purchasing from us, you represent and warrant that the products you purchase are lawful to possess, transport, store, and use in your jurisdiction. We reserve the right to refuse or cancel any order where fulfillment would violate applicable law. We are not responsible for any fines, penalties, or legal consequences arising from your use or possession of products in violation of applicable law.
Fireworks are inherently dangerous. You assume all risks associated with the purchase, possession, storage, and use of fireworks.
You agree to follow all safety instructions provided with each product, applicable law, and common-sense safety practices. Never allow minors to handle fireworks. Always use fireworks outdoors with adequate space away from people, buildings, and flammable materials. Dan's Fireworks is not liable for personal injury, property damage, or other harm arising from misuse, improper storage, or failure to follow safety instructions.
All content on our website is the property of Dan's Fireworks or its licensors and may not be reproduced without permission.
The Dan's Fireworks name, logo, trademarks, product names, website content, photography, and other intellectual property are owned by or licensed to Dan's Fireworks, Inc. You may not reproduce, distribute, modify, or create derivative works from any of our content without our prior written permission. Unauthorized use may constitute trademark or copyright infringement.
Our products and website are provided "as is" without warranties of any kind beyond those required by applicable law.
To the fullest extent permitted by applicable law, Dan's Fireworks disclaims all express and implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components. Some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you.
Dan's Fireworks' total liability to you for any claim is limited to the amount you paid for the specific product giving rise to the claim.
To the maximum extent permitted by applicable law, Dan's Fireworks shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our products or services, even if we have been advised of the possibility of such damages. Our total cumulative liability shall not exceed the purchase price of the specific product that is the subject of the claim. Some jurisdictions do not allow certain liability limitations, so some of the above may not apply to you.
These Terms are governed by the laws of the State of South Carolina.
These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms or your purchase from Dan's Fireworks shall be subject to the exclusive jurisdiction of the state and federal courts located in Sumter County, South Carolina. You consent to personal jurisdiction in such courts.
We reserve the right to update these Terms at any time. Continued use of our services constitutes acceptance of any revised Terms.
We may update these Terms periodically to reflect changes in our practices, products, or applicable law. When we make changes, we will update the effective date at the top of this page. We encourage you to review these Terms regularly. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.