PARTYPLASTICS TERMS AND CONDITIONS OF TRADE

1. DEFINITIONS
1.1. “Buyer” means the individual or organisation who buys or agrees to buy 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 PartyPlastics of Dukes Valley, Windsor Road, Gerrards Cross, Bucks, SL9 8SR;
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.

2. CONDITIONS
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 of 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 shall be deemed conclusive 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. ORDERING
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. When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the ‘How to order’ page.

4. PRODUCTS
4.1. All Products are subject to availability. In the event of any supply difficulties, the Seller reserves the right to substitute Products of equivalent value and quantity without notice.
4.2. In the event that the Seller is unable to supply the Product selected by the Buyer or any substitute Product selected by the Buyer or any other substitute product, the Seller will notify the Buyer as soon as is reasonably possible and shall reimburse payment in full and in any event no later than 30 days after the intended delivery date.

5. PRICE AND PAYMENT
5.1 The price of the Goods shall be that stipulated on the Seller’s website. A service and relay charge may be applied depending on the total order value, product, delivery location or delivery date specified.
5.2 The total purchase price, including VAT and any delivery charges will be displayed in the Buyer’s shopping cart prior to confirming the order.
5.3 Except for approved account customers, payment of the price including any VAT and delivery charges must be made in full before dispatch of the Goods.

6. RIGHTS OF SELLER
6.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
6.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
6.3 The Seller shall not be liable for the withdrawal of Goods from the Website or for refusing to process an order.

7. WARRANTY
7.1 The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller on the website, or a substitute Product of equivalent value and quantity. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness, purpose, merchantability or condition of 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.
7.2 The Seller guarantees the quality and condition of the product. Should the Buyer not be satisfied the Seller must be notified within 7 working days.
Email: info@partyplastics.co.uk
Telephone: 01753 664210
Fax: 01753 663254

8. DELIVERY
8.1 Goods will normally be delivered within the highest number of working days specified within the product descriptions after receipt of the order from the Buyer. Any and all exceptions to this are listed within the ‘Delivery’ section of the Seller’s website.
8.2 The Seller shall use reasonable endeavours to meet any date agreed for delivery. In any event 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.
8.3 Delivery of the Goods shall be made to the Buyer’s address and recipient stated in the order and the Buyer shall make all the arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.4 Goods cannot be delivered without the signature of an authorised person.
8.5 Title and risk of Goods shall pass to the Buyer upon delivery of the Goods.

9. CANCELLATION AND RETURN
9.1 If the Buyer is dealing as a Consumer the Buyer has the right, in addition to other rights, to cancel the Contract and receive a refund by informing the Seller in writing or by email at any time up to seven working days from the day after that on which the Goods were received by the Buyer.
9.1.1 Goods must be returned by the Buyer at the Buyer’s expense. Subject to inspection for suitability for resale, the Seller will refund all monies paid for the Goods (excluding any delivery charge) within thirty days of notice of cancellation.
9.1.2 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.
9.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller in writing or by email within three working days of delivery if the Goods are damaged or do not comply with the contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
9.3 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including any delivery charge) and return postal charges if the goods are found to be defective.
9.4 Goods to be returned must clearly show the order number obtained from the Seller or the order reference number on the invoice.
9.5 Where returned Goods are found to be damaged as a result of the Buyer’s actions the Buyer will be liable for the cost of the Goods.

10. LIMITATION OF LIABILITY
10.1 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 in no circumstances exceed the price of the Goods and the Seller shall in no circumstances be liable for any direct, indirect, incidental or consequential loss or damage whatsoever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from negligence of the Seller or that of the Seller’s agents or employees.

11. WAIVER
11.1 No waiver by the Seller (whether express or implied) in enforcing any rights under this contract shall prejudice its rights to do so in the future.

12. FORCE MAJEURE
12.1 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.

13. ERRORS AND OMISSIONS
13.1 The Seller makes every effort to ensure that all prices and descriptions quoted on its website are correct and accurate. In the case of a manifest error or omission, the Seller will be entitled to rescind the contract, notwithstanding that it has already accepted the Buyer’s order, and the Seller’s liability in that event will be limited to the return of any money the Buyer has paid in respect of that order.
13.2 A ‘manifest error’, as a term used in sub-paragraph (13.1) above, means, in relation to an incorrect price, a price quoted in error by the Seller which is more than 10% less than the price that would have been quoted had the mistake not been made.

14. SEVERANCE
14.1 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.

15. CHANGES TO TERMS AND CONDITIONS
15.1 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.

16. GOVERNING LAW AND JURISDICTION
16.1 These Terms and Conditions shall be governed by and construed in accordance with the Laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.