Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.FunPartySupplies.co.uk. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our website. You should understand that by ordering any of our Party Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference
1. INFORMATION ABOUT US
We operate the website www.FunPartySupplies.co.uk. We are Fun in a box Limited, a company registered in England and Wales under company number 06494767 and with our registered office at 8 Hurstwood Avenue, Brentwood, Essex CM15 9HT. Our VAT number is 924 4528 22.
2. ORDERS
While we do accept orders from addresses outside the UK we are only prepared to accept such orders on the basis that you are agreeing to be bound by these terms and conditions and you are bound exclusively by the courts of England and Wales.
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.1.1
you are legally capable of entering into binding contracts; and
3.1.2
you are at least 18 years old
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 CONTRACT FORMATION
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation
4.2 PRODUCTS
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation
5. CONSUMER RIGHTS
5.1 ORDERS
Orders are subject to the availability of Products. In the event that the Products are or become unavailable, we will notify you by email
5.2 PERSONALISED PRODUCTS
Orders are subject to the availability of Products. In the event that the Products are or become unavailable, we will notify you by email
5.2.1
When ordering Personalised Products (as defined below) you accept full responsibility for ensuring that you upload adequate quality images (where applicable) and complete the online order form accurately
5.2.2
Any text or bespoke words (the “Text”) that you provide in relation to personalised Products such as personalised ribbons or personalised banners (“Personalised Products”) will be used by us in the manner and form that we receive the Text from you, including any deliberate or otherwise obvious spelling mistakes. We will not make any alteration to the Text
5.2.3
A ‘proof read’ is provided when creating your Personalised Products online to allow you to verify the Text. The ‘proof read’ is intended as a guide only and is displayed in a lower resolution for screen viewing purposes only
5.3 CANCELLATION OF ORDER
If you are contracting as a consumer, you may cancel a Contract at any time within 7 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below)
5.4 RETURN OF PRODUCTS
To cancel a Contract, you must inform us in writing. You must also return the Products to us within 7 working days in their original packaging in a resalable condition, and at your own cost. We recommend you use a trackable delivery system such as the Royal Mail Recorded Delivery service as we are unable to refund any items not received. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. We do not accept returns on lifesize cutouts, jewellery, cosmetics, confectionery, personalised products, made to order products or special orders.
5.5 BESPOKE PRODUCTS
You will not have any right to cancel a Contract for the supply of any of the following Products: Personalised Products that have produced to your specific requirements.
6. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. We will deliver the Products ordered to the delivery address supplied by you
7. RISK AND TITLE
7.1 RISK
The Products will be your responsibility from the time of delivery
7.2 TITLE
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges
8. PRICE AND PAYMENT
8.1 PRICE
The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error
8.2 VAT
Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect
8.3 CHANGE IN PRICE
Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation
8.4 ERROR
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it
8.5 MISTAKE
If the pricing error is obvious and unmistakable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price
8.6 CREDIT CARDS
Payment for all Products must be by credit or debit card. We accept payment with VISA, MasterCard, Visa Debit, American Express and PayPal accounts.
9. OUR REFUNDS POLICY
9.1 REFUND
If you return a Product to us:
9.1.1
because you have cancelled the Contract between us within the 7 days cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full. However, you will be responsible for the cost of returning the item to us
9.1.2
for any other reason (for instance, because you have notified us in accordance with clause 19 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us
9.2 NOTE AND DELIVERY
You will include a note explaining the reason for returning the Product with the returned items. You will use registered post or recorded delivery when returning the Products
9.3 PERSONALISED PRODUCTS
We are unable to offer a refund for Personalised Products which are returned to us – Please note we do not offer refunds or exchanges on personalised products, items which are made to order, life-size cutouts, special orders, fancy dress costumes, face paints, foil or latex balloons that we do not inflate or confectionery*unless one of the following
9.3.1
where the Personalised Product is defective, in which case the Personalised Product must be returned to us within 72 exceptions applies;
9.3.2
where the Personalised Products are paid for via our site and have not been delivered by the date specified in the order confirmation email or further updates we have sent you;
9.4 METHOD OF PAYMENT
We will refund any money received from you using the same method originally used by you to pay for your purchase
10. WARRANTY
We warrant to you that any Product purchased from us through our site will, on delivery conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied
11. OUR LIABILITY
We warrant to you that any Product purchased from us through our site will, on delivery confirm in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied
11.1 LIABILITY
Nothing in this Agreement excludes or limits our liability for:
11.1.1
death or personal injury caused by our negligence;
11.1.2
fraud or fraudulent misrepresentation;
11.1.3
any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
11.1.4
defective products under the Consumer Protection Act 1987;
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights
13. NOTICES
All notices given by you to us must be given to Fun in a box Limited at 8 Hurstwood Avenue, Brentwood, Essex Cm15 9HT or by email to [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 SUCCESSORS
The contract between you and us is binding on you and us and on our respective successors and assignees.
14.2 ASSIGNMENT
The contract between you and us is binding on you and us and on our respective successors and assignees.
14.3 TRANSFER
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract
15. EVENTS OUTSIDE OUR CONTROL
15.1 FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”)
15.2 FORCE MAJEURE EVENT
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1
strikes, lock-outs or other industrial action;
15.2.2
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5
impossibility of the use of public or private telecommunications networks;
15.2.6
the acts, decrees, legislation, regulations or restrictions of any government; and
15.2.7
pandemic or epidemic
15.3 SUSPENSION
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event
16. WAIVER
16.1 WAIVER
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations
16.2 DEFAULT
A waiver by us of any default will not constitute a waiver of any subsequent default
16.3 WRITTEN WAIVER
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above
17. SEVERABILITY
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law
18. ENTIRE AGREEMENT
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 VARIATION
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities
19.2 CHANGE
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products)
20. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
21. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999
E&OE: With so many products on our website, the occasional error or inaccuracy in pricing, images, codes, sizing, dimensions, capacities and descriptions may occur. It is not in any way to mislead our customers and we would apologise in advance if there is inconvenience caused. In particular if sizing is critical please check with us to be sure. We reserve the right to remove from sale any item that is not correctly priced.
Errors and Omissions Excepted.