PartyPlastics Terms & Conditions Of Sale

Open about how we do business

Document Version 2.0.1 - Effective From 2012.11.08

1. Introduction

• 1.1This website is owned and operated by Party Plastics LLP. We are registered in the UK (technically "England & Wales") under number OC328603. Our registered office is at 70 South Street, Lancing, West Sussex BN15 8AJ. Our trading address is Dukes Valley, Windsor Road, Gerrards Cross, Bucks SL9 8SR. Our VAT number is 818201062.
• 1.2These terms and conditions apply when you buy any goods via this site.
• 1.3Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
• 1.4We may change these terms and conditions at any time. Please check them carefully as they will apply to any new purchases made after the effective date shown above.

2. Right to cancel under "Distance Selling Regulations"

• 2.1Note that this section of our terms and conditions (right to cancel) does not apply to goods to which the right of cancellation under the Distance Selling Regulations does not apply including goods which by their nature cannot be returned or which are made to your specifications or are clearly personalised or are liable to deteriorate or expire rapidly or audio or video recordings or software if unsealed or to newspapers, periodicals or magazines.
• 2.2If you are a consumer (i.e. acting for purposes outside a business) located within the European Union, you have the right (ending 14 working days following the day after delivery of goods) to cancel the contract by email to info@partyplastics.co.uk or any of the other methods specified in the Distance Selling Regulations in which case we will refund the price paid for the goods plus delivery charges attributable to the cancelled item. You are required to take reasonable care of items.
• 2.3If you cancel, you must return the goods (including all component parts) at your expense to the trading address shown on our contact page. We will charge you the direct costs of recovery if you do not comply or if you return them at our expense. We request that when returning goods:
  • 2.3.1you use recorded delivery and retain proof of posting;
  • 2.3.2you use (a) any returns form which we may make available on our website or alternatively (b) you include a note explaining the reason for your return as well as the order number and your name, address and a contact phone number; and
  • 2.3.3you carefully package the goods – in the original packaging if still available.
• 2.4Your above rights under the Distance Selling Regulations are not affected by any separate returns policy on our website.

3. Display of goods on our website

• We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct. We have made every effort to display as accurately as possible the appearance / colour / texture / finish of our goods. However, what you see will depend on your monitor and computer equipment and so you acknowledge and accept that there may be minor differences between the actual goods and the way that they appear on the screen. For example, the colour tone may differ.

4. Payment and price

• 4.1Payment is in advance by the means stated on our website. Unless, you are a credit customer, despatch of the goods is subject to our receipt of full payment in cleared funds.
• 4.2The price for the goods you order is as stated on our site at the time you send us your order. VAT or sales tax is included unless we say otherwise.
• 4.3If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we despatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you don't, we will provide a full refund of any payments already made.
• 4.4In the case of credit customers, invoices are payable within 7 days. If any amount due to us is unpaid, we may:
  • 4.4.1charge reasonable additional administration costs; and/or
  • 4.4.2charge interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.

5. PromoPoints

• 5.1PromoPoints are covered by our separate terms and conditions of website use.

6. Your order

• 6.1Your order is an offer to buy from us.
• 6.2You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.

7. Acceptance / unavailability

• 7.1For non-customised goods there will be no binding contract of any kind between you and us unless and until we accept your offer by actually despatching the goods to you. Until then we may decline to supply the goods to you without giving any reason. Nothing else that we do or say will amount to acceptance of your offer. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
• 7.2For customised goods, the contract is accepted once payment is taken. In such case no changes to the order or any cancellation may be made except in accordance with your legal rights (eg if there is a fault).

8. Delivery

• 8.1Delivery will be to the address which you specify when ordering. We may deliver different parts of your order on different dates.
• 8.2Delivery costs are charged extra at the rate shown on our site when you place your order. These will depend on the delivery method chosen. N.B. The delivery charges do not include customs or import duties which may be applied to your order by the relevant authorities. It is your separate responsibility to pay for these.
• 8.3We will use our reasonable endeavours to arrange delivery within the time specified on our website or, if none, a reasonable period. If you are a business, we are not liable for any losses arising from delay in delivery. If you are consumer (i.e. not acting in the course of a business), we are not liable for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our reasonable control.
• 8.4Our carriers will make at least two attempts to deliver your goods and will leave contact details at the first attempt. A second delivery will be attempted (usually) the next working day. If nobody is available to receive the goods, we reserve the right to leave them at the doorstep, hall or reception as available. Alternatively we may return the goods to a holding depot, in which case we reserve the right to impose an extra delivery charge if you don't collect the item from the holding depot within 7 days.
• 8.5Risk of damage or loss to the goods passes to you on delivery or if you wrongfully refuse delivery when delivery is attempted.
• 8.6If you are business, you must inspect all goods immediately on receipt and you must notify us in writing of any damage to the goods within 7 days of delivery. If you fail to do so, we are not liable in respect of such damage.

9. Liability

• 9.1Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
• 9.2You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
• 9.3If you are a consumer (ie not acting in the course of a business), we are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
  • 9.3.1there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
  • 9.3.2such loss or damage was not reasonably foreseeable by both parties;
  • 9.3.3such loss or damage is caused by you, for example by not complying with this agreement; or
  • 9.3.4such loss or damage relates to a business.
• 9.4If you are a consumer (ie not acting in the course of a business), you will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
• 9.5The following clauses (9.5.1 -> 9.5.5) apply only if you are a business:
  • 9.5.1To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
  • 9.5.2Our liability of any kind (including our own negligence) is limited to the price paid for the goods.
  • 9.5.39.5.3 In no event (including our own negligence) will we be liable for any:
    • a)economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
    • b)loss of goodwill or reputation;
    • c)special, indirect or consequential losses; or
    • d)damage to or loss of data
    (even if we have been advised of the possibility of such losses).
  • 9.5.4You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
  • 9.5.5This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

10. "Act of God"

• 10.1Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond its reasonable control including third party telecommunication failures.

11. English Law

• 11.1These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

12. General

• 12.1We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a "waiver" (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.

13. Complaints

• 13.1If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.