TERMS & CONDITIONS
These terms and conditions (the "Terms") govern the users ("you" or "your") use of the website FunkyParty.com (the "Website"). Website is run and operated by Party Delights Limited, a trusted partner of FunkyParty.com. By using the Website and purchasing you are transacting with Party Delights Limited and agree to be bound by the Terms outlined below.
Party Delights Limited
Registered office: Unit 4, Tallow Way, Fairhills Road, Irlam, Manchester, M44 6RJ
Company Number: 04168207
Main Trading Address: Unit 4, Tallow Way, Fairhills Road, Irlam, Manchester, M44 6RJ
Contact Number: 0333 123 0088
THESE TERMS ARE BINDING: Please read these Terms carefully and make sure that you
understand them before using the Website including to use any Services and/or order any
Products. If you do not understand any of these Terms you can ask us to explain them further using the email address given above. Your use of the Website indicates your unconditional agreement that you accept and agree to be bound by the Terms in effect at the time of usage regardless of whether or not you choose to register with the Website. We may alter all or any part of these Terms (including the Products and Services which are available from the Website) at any time.
If you register with the Website we will notify you by email if these Terms change. If you do not register with the Website you will need to check the 'last updated' information at the top of these Terms to confirm if they have changed since you last read them. If you do not accept the Terms, you should not use the Website. You should review these Terms regularly as your continued use of the Website means you accept the Terms as modified. Please understand that if you refuse to accept the Terms, you will not be able to order any Products from the Website.
These Terms were last updated on: 23 February 2015
You should print a copy of these Terms for future reference.
1. YOUR STATUS
By using the Website, you confirm that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old.
2. PRODUCT PRICING & DESCRIPTION
Unless otherwise stated all prices are inclusive of any applicable VAT, duties and any other local taxes but exclusive of all postage, handling and other delivery charges which shall be shown separately when products are purchased from the website. Prices displayed on our website are correct to the best of our knowledge. In the event of a product being under-priced due to an error, we are not liable to fulfil the order at the lower price, provided the item has not already been dispatched. If the item has not been dispatched we will contact you to give you the option to either cancel the order or pay the difference. For more details on cancellation please see clause 5.
We try to ensure that product descriptions are complete and accurate. However if you require additional information in relation to a product please contact us via the website, or call us on 0333 123 0088.
3. ORDERS & AVAILABILITY
In order to make a purchase from FunkyParty.com you must first register on the Website. This information is required to enable us to process your order. You must inform us of any changes to your personal details once registered, and you can do this online via the My Account area.
All orders are subject to acceptance and availability. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website
Where an order is split into several deliveries, the conclusion of the contract relates to the dispatch of the individual products.
If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Payment will be debited and cleared from your account when you complete your order.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will contact you to arrange an alternate payment, or cancel the order.
5. THE CONTRACT BETWEEN YOU AND US FOR PURCHASING PRODUCTS
When you purchase any Products through our Website you will be entering a legally
binding contract with us.
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 despatched (“Despatch Confirmation”).
The contract between us (“Contract”) will only be formed when we send you the Despatch Confirmation. Please note that we reserve the right to stop your order – even after sending the Despatch Confirmation - if we have reasonable grounds to believe that your order is fraudulent. If this is the case, then we will notify you by email.
The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation (which we are legally obliged to supply to you following acceptance of your order). We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
6. ORDER CANCELLATION RIGHTS
Consumers in the European Union have the right to cancel contracts for the purchase of
items within fourteen (14) days of the day after placing the order in some circumstances,
including where they enter the contract online.
If you want to cancel an order please notify us quoting your name and order number:
by telephone on 0333 123 0088
Following receipt of your notification we will arrange for you to be refunded.
If you cancel your order during this fourteen (14) day cooling-off period we will refund
the cost of the Products and (if the Products have already been delivered to you) the cost
of sending the Products to you as follows:
if you return a Product that was part of a larger order, we will refund any specific
delivery charges that you incurred for that particular Product;
if you return your entire order, we will refund the delivery charge incurred.
We will not refund your costs in returning the Product to us and other services
provided to you in connection with your purchase (such as non-standard delivery) unless
you are returning the item to us because of an error on our part.
Under the Distance Selling Regulations, you have a right to cancel your order for any item purchased on this Website for a full refund. You have the right to cancel your order up to 7 days after the day of delivery of the product. We will allow you to return the product up to 7 days after the day of delivery of your product. In this case, you will receive a full refund of the price paid for the relevant products in accordance with our refunds policy set out in clause 6 below.
7. OUR REFUNDS POLICY
When you return a product to us:
because you have cancelled the contract between us within the seven day cooling off period (see clause 5 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us;
for any other reason (for instance because you claim that the product is defective) we will examine the returned product and will notify you of your refund via email 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 date we have confirmed to you via email that you were entitled to a refund for the defective product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Please note that cancellations, returns and refunds cannot be processed in a FunkyParty.com store.
Your order will be despatched on the date indicated in the Despatch Confirmation or, if no despatch date is specified, then within 30 days of the date of the Despatch Confirmation, unless there are exceptional circumstances as explained in section 18 of these Terms.
In order to provide the Services and Products available through the Website, we will hold
certain personal information relating to you. We have obligations in relation to your
personal information under the Data Protection Act 1998.
By providing your personal information to us, you agree to us using it for the operation of the Website and the provision of Services and Products to you. Where you provide personal information about other people (for example their name or address) you are confirming to us that you have the consent of those people to provide us with their personal information.
Any personal information that we collect from you will be used solely for the purposes of operating the Website and providing the Services and Products to you. The personal information that you provide is securely stored within the Website and all personal information transmissions that provide payment or account details are encrypted.
We will not disclose your personal information to any outside organisation except as part of the operation of the Website and/or as necessary for the provision of the Services and Products to you where a third party may supply you with Products (in which case the third party supplier will be notified of your name, address and telephone number in order to fulfil your order) or where we are legally obliged to do so. To the extent that your personal information is disclosed to an outside organisation for the purposes set out in this paragraph, we shall ensure that such organisation complies with its requirements under the Data Protection Act 1998 as to the retention of your personal information
The accuracy of the personal information we hold about you and/or other people is dependent upon the accuracy of the information that you provide. We will not verify personal information other than that which is provided for payment or account purposes and we shall not be responsible for errors or problems that arise as a result of inaccurate information submitted by you.
We reserve the right from time to time to notify you (via SMS, email and post) of other products and services or invite you to events that may be of interest to you which are similar to the Products and Services you have previously used or purchased from us. You will be given the opportunity to opt-out at the time of mailing if you do not wish to receive further information notices. We are entitled to notify you in relation to the balance of your prepay account or any transaction that you have commenced but not completed on the Website even if you have “opted-out” of information notices.
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.
All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
10. INTELLECTUAL PROPERTY
The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
11. WEBSITE ACCESS & AVAILABILITY
We shall endeavour to ensure that access to and use of the Website is available 24 hours
a day however access to the Website may be suspended temporarily and without notice
in the case of system failure, maintenance or repair or for reasons beyond our control and
we shall have no liability whatsoever if for any reason the Website is unavailable at any
time or for any period.
12. HYPERLINKS TO THIRD PARTY WEBSITES
The Website may include hyperlinks to third party websites. These are provided solely for your information and convenience. If you use a hyperlink you will leave the Website. If
you decide to access any third party website(s) using hyperlinks on the Website, you do
so entirely at your own risk. We do not review any third party websites which are accessed from hyperlinks placed on the Website and we do not control and are not responsible for any third party websites including their content or availability, or any loss or damage that you may suffer from your use of them. We therefore do not endorse or make any claims about third party websites, any material found on them or any results that may be obtained from using them.
13. WEBSITE REGISTRATION
To register with the Website you have to enter your personal details. To register with the Website, you must be over eighteen (18) years of age.
After registering, you will be given immediate access to register your personal reminders which is provided as part of the Services. If you wish to return to your reminders at any time to make an alteration or to add more reminders, you will be asked to enter your email address and password.
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on any network.
Responsibility for the security of any password(s) issued by us rests solely with you.
You must ensure that the details that you provide on registration or at any time are correct and complete and you must inform us immediately of any changes to the information that you provide when registering by updating your personal details as necessary.
We shall endeavour to ensure that description(s) and picture(s) of the Products displayed on the Website are a true and accurate reflection. However, these descriptions and pictures may from time to time vary in minor ways from the actual Products provided. If a Product provided varies in a minor way from a description or picture displayed on the Website we shall notify you in the Despatch Confirmation. If you do not cancel your order having received such notification we will assume you are happy to proceed with the order and the minor difference in the Product from the relevant description or picture shall not be a breach of your contract with us. Please note that how your computer displays colours will depend partly on your display settings and we will not be liable to you where a colour difference between the Product displayed and supplied is attributable to display settings.
The Website 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. If price(s) of any Product displayed on the Website are incorrect, you will be contacted by us and given the option to either: (a) cancel your order for the relevant Product only; or (b) complete your order for the relevant Product at the correct 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 Despatch Confirmation.
We will endeavour to deliver all orders for Products within the timescale selected at the time of purchase. However we cannot be held responsible for postal delays once the Product(s) have been despatched by us for delivery unless you have selected a postage option which offers guaranteed delivery by a particular time, in which case we will refund your postage charge if that delivery time is missed.
Payment for all Products must be by credit card or debit card at the point of order. We accept payment with Visa debit and credit cards, MasterCard, Maestro and also PayPal and Amazon checkout. We reserve the right to alter the list of acceptable payment cards at reasonable notice.
The Products will be your responsibility from the time of delivery.
You should inspect any Product(s) you purchase from the Website as soon as you can after delivery and notify us if you consider they are defective as soon as possible. If a Product is defective you are entitled to either:
- ask us to repair the Product(s) at our own expense;
- ask us to supply replacement Product(s) free of charge; or
- ask us to reimburse the price paid for the relevant Product(s) to the credit or debit card used to purchase the goods.
We may require you to return a defective Product to us. If we do you will have to pay the cost of returning the defective Product to us but we will refund you the cost of doing so (unless the Product is not in fact defective) on receipt.
We will endeavour to resolve any complaint within fourteen (14) days or receipt but depending on the circumstances it may take us longer to reply. If we anticipate a reply will take longer than fourteen (14) days we will let you know.
In the event that a Product is defective, or you believe that you are due a refund, please contact our Customer Services team on 0333 123 0088 you will then be contacted with our offer of a refund and / or replacement and instructed on the address to which to send any returned goods.
Subject always to section 15.2, we, our officers, directors, employees, shareholders or agents and any other party involved in creating, producing, maintaining or delivering the Website will not be liable to you in connection with the use, inability to use or the results of the use of the Website, any websites linked to the Website or the material on such websites. While we take reasonable steps to ensure the Website is virus and error free we do not guarantee this. You should take steps to protect your computer equipment from virus and similar threats (for example, by using anti-virus software and firewall protection). You should not use the Website if you are not satisfied with this provision.
Nothing in these Terms shall exclude or limit our liability for:
- death or personal injury resulting from our negligence;
- death, personal injury or damage to property caused by a defective Product;
- fraud or fraudulent misrepresentation;
- breach of the term implied by section 12 of the Sale of Goods Act 1979 (that we have
- the right to sell the Products we sell);
- breach of the terms implied by sections 13-15 of the Sale of Goods Act 1979 (that Products we sell will: (a) correspond with any description we provide; (b) be fit for purpose; and (c) be of satisfactory quality;
- breach of the terms implied by section 2 of the Sale of Goods and Services Act 1982 (that you will have quiet possession of Products you purchase and that Products you purchase will be free from encumbrances).
Subject to paragraph 15.2 in no event shall our total aggregate liability to you for all and any damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Website, purchasing the Products and/or using the Services provided via the Website.
If you do not understand anything in this section 15.2, or need more information about what the laws referred to say, please contact us. Depending on your question we may suggest you should take independent legal advice or contact a consumer advice body.
16. DISCLAIMER OF WARRANTIES
Whilst we shall endeavour to ensure that the information on the Website is true and correct, we do not confirm the accuracy and completeness of the material on the Website other than to the extent it is a Product or Service description.
We may make changes to the material on the Website, or to the Services, the Products and/or the prices described in Website, at any time and without notice. Material on the Website may be out of date, and we make no commitment to update such material other than to the extent it is a Product or Service description.
17. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, 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 the 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.
18. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms that is caused by events outside our reasonable control (“Force Majeure Event”)
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government; and
- pandemic or epidemic.
Our performance under the Terms 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 Terms may be performed despite the Force Majeure Event. If a Force Majeure Event lasts longer than 30 days you may cancel your order without any further liability to us.
If either we or you fail to insist upon strict performance of any obligations of the other under these Terms, or if we or you fail to exercise any of the rights or remedies to which we or you are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve the other party from compliance with such obligations
A waiver of any default will not constitute a waiver of any subsequent default.
No waiver of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated in writing.
20. ENTIRE AGREEMENT
These Terms set out the basis of our contract. To protect your own interests please read the Terms carefully before ordering. If you are uncertain as to your rights under them or you want any explanation about them please contact us for clarification. If you agree anything with our staff which is different from these terms and conditions, then please ensure you ask for this to be put in writing. In that way, we can avoid any problems surrounding what you and we are expected to do.
21. LAW & 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.
The European Commission provides an online dispute resolution platform, which you can access at: http://ec.europa.eu/consumers/odr/. If you would like to contact us direct you may do so by email at https://www.funkyparty.com/Help/.
We reserve the right to:
- update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and
- modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
Each provision of these Terms is severable from and distinct from the others. If any provision is or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, it shall to that extent and in those circumstances be deemed not to form part of these Terms but (except to that extent or in those circumstances in the case of that provision) the validity, legality and enforceability of that and all other provisions of these Terms shall not be affected or impaired and shall remain valid and enforceable.
24. THIRD PARTY RIGHTS
A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.