The terms and conditions apply to the use of thepartycompany.co.uk website. By placing an order with us, you are agreeing to accept these terms and conditions.
Terms and Conditions
IMPORTANT - CORONA VIRUS UPDATED TERMS
Should we be unable to fulfil the order due to circumstances out of our control, for example courier services ceasing to operate or stock supply problems, we will notify you and provide you with the equivalent credit note which can be used for any future occasion from 12 months from the date of the original order.
The terms and conditions apply to the use of www.thepartycompany website. By placing an order with us you are agreeing to accept these terms and conditions. Please read them carefully before using the website and/or placing an order. If you do not agree with the terms and conditions as stated, you should not place an order. The Terms and Conditions may be amended at any time without prior notice. If you have any questions or queries relating to the terms and conditions, please contact us at email@example.com
1. personalisation When selecting bespoke personalised wording on your balloon order, please ensure the message and spelling are correct as they are made to order and mistakes cannot be refunded. If a selected balloon tail, writing colour or filling is out of stock at the time we come to make the balloon, then we will try to contact you to offer an alternative.
2. Delivery – please read our dedicated delivery page for important information.
3. Cancellations - If you wish to cancel your order with us then please inform us as soon as possible by email. For cancelled orders refunds will be processed within 7 working days and will be credited to your original method of payment.
4. Changes - If you have any changes or amendments to your order please let us know as soon as possible by emailing firstname.lastname@example.org. If we can we will accomodate any changes requested.
5. Problems - If the balloon is damaged in any way when you open the box please photograph the balloon and let us know within 12 hours. If it is clear that the balloon has been damaged in transit then a refund will be processed (within 7 days) or a replacement will be offered. We will not refund balloons that develop problems after they have been received in good condition and taken out of the box. Problems caused by a fault with the manufacture/making of the balloon or damage in transit are visible immediately upon inflation or on opening the box. If the balloon develops a problem after it has been removed from the box we cannot be liable for problems which occur from possible mishandling or poor storage of the balloon. Please read our dedicated "Looking after your Balloon" section to ensure your balloon looks good for as long as possible.
6. Delivery Delays -Our balloons will stay inflated for between five and 10 days, so if possible it is better to arrange delivery for the day before a special event to avoid unforeseen delays. In the unlikely event of a delivery being delayed by a day due to circumstances beyond our control we will refund the delivery costs but the cost of the balloon will not be refunded.
The term The Party Company (UK) Ltd or ‘us’ or ‘we’ refers to the owner of the website. Our company registration number is 07633257 registered in England and Wales. The term ‘you’ refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without [business name]’s prior written consent.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
2. Terms and Conditions of Sale
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means The Party Company (UK) Ltd
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.7 “Price” means the price of the Goods as stipulated on the Seller’s website
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods or payment for the Goods, whichever event occurs first, shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
4 PRICE AND PAYMENT
4.1 The Price of the Goods shall be that stipulated on the Seller’s Website.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods, unless otherwise agreed by the Seller.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6.1 The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
7.1 Goods supplied within the UK will normally be delivered within 5 working days of acceptance of order.
7.2 Goods supplied outside the UK will normally be delivered within 14 working days of acceptance of order.
7.3 The Seller shall use its reasonable endeavours to deliver in accordance to clause 8.1 and 7.4 however time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.6 The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request.
7.7 The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods, upon payment for the Goods by the Buyer to the Seller, title to the Goods will pass to the Buyer.
7.8 Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer’s risk and shall be at the Seller’s option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective.
7.9 Additional delivery charges may apply to any large oversize orders which require delivery via courier.
8 CANCELLATION AND RETURN
8.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.2 Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer’s risk and shall be at the Seller’s option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective.
8.3 Where a claim of defect or damage is made the Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
8.4 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller within 7 working days of receipt of the Goods.
8.5 Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
8.6 Goods to be returned must be clearly labelled and must include the returns form from the Website. Details of the Buyer’s name, address and the reasons for return must be included in order for the return to be processed. The Seller does not accept any liability for delays in processing returned Goods which do not comply with the provisions of this clause.
8.7 Where returned Goods are found to be damaged due to the Buyer’s fault a refund or replacement will not be issued.
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time. but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
CUSTOMER MAILINGS AND E MAIL
Along with many other Mail Order companies we occasionally make our customer lists (name & address only) available to other carefully selected companies so that they can mail you with information on products or services that may be of interest to you. If you prefer not to receive these mailings please e mail us at email@example.com and use the subject Opt Out.