|
 |
 |
 |
 |
 |
 |
 |
TERMS & CONDITIONS FOR THE SALE OF GOODS
Welcome to Party Seasons. These are the
terms and conditions on which we do business for Products ordered through this
web site. No alteration of these terms and conditions shall be valid unless
previously agreed in writing by us. Our employees or agents are not authorised
to make any representations concerning the Products and Orders unless confirmed
by us in writing. You will be asked to expressly agree to these terms and
conditions before ordering Products from this site. Please read them carefully. If you do not agree to them, do not order any
products from this site. By using the web site, you agree to be bound by the
terms and conditions. As further indication of your acceptance of these terms
and conditions, you must click on the button marked “I agree to the terms and
conditions” at the checkout.
Please note that you may only purchase products
from this site if you are over 18 and resident in the UK.
Please also refer to our Privacy Policy,
Customer Services and About Us sections in the web site.
(1) Definitions and interpretation
In this Agreement “we” means Savernake
Trading Limited, trading as Party Seasons (and “us” and “our” shall be
construed accordingly); and “you” means the relevant customer or potential
customer as the case may be (and “your” shall be construed accordingly).
In this Agreement, the following definitions
shall apply:
“Agreement” means this agreement
incorporating any terms set out in our Second Acknowledgement;
“First Acknowledgement” means the initial
automatic email acknowledgment which we will send to you after receiving your
Order;
“Order” means your order for Products made
via the site;
“Products” means goods which may be
purchased by you from the site;
“Second Acknowledgement” means the email
acknowledgment which we will send to you (where appropriate) confirming
acceptance of your Order; and
“Site” means the website at www.partyseasons.co.uk
or any successor site operated by us from time to time.
(2) This
Agreement
The advertising of Products on the Site
constitutes an “invitation to treat”; and your Order for Products constitutes a
contractual offer. No contract comes
into force between you and us unless and until we accept your Order. A contract
is formed between us when we ship your Order, not before. Your Order will only
be accepted once we receive payment, until then we treat it as an enquiry.
In order to enter into this Agreement with
us, you will need to take the following steps: (i) you must add any Products you wish to purchase to your shopping
cart, and then proceed to the checkout; (ii) if you are a new customer, you
must then create an account with us and log in; if you are an existing
customer, you must enter your login details; (iii) once you are logged in, you
must select your preferred method of delivery and confirm your Order and your
consent to the terms of this Agreement; (iv) you will be transferred to the Barclays
Merchant Service website, and Barclays will handle your payment; (v) we will
then send you the First Acknowledgment; and (vi) once we have checked whether
we are able to meet your Order, we will either send you the Second
Acknowledgement (at which point this Agreement will become a binding contract)
or we will confirm by email that we are unable to meet your Order.
Please note that we will not file a copy of
this Agreement. We may update the
version of this Agreement on the Site from time to time, and we do not
guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download,
print and retain a copy of this Agreement for your records.
The only language in which we offer this
Agreement is English.
Once you have an item(s) in your shopping
cart, you can go to the checkout at any time, using the ‘Checkout’ button. Here
you will be asked billing and shipping details. Before you place your Order and
proceed to the payment window, you should take the opportunity of identifying
whether you have made any input errors by carefully going through your billing
and shipping details. You may correct
those input errors before placing your Order by returning to the checkout page.
You can also return to these details from the payment window.
(3) About Us
Our full name is Savernake Trading Limited
and we trade as Party Seasons, Salisbury. Our registered office and principal trading address is 2 Priory Square,
The Maltings, Salisbury, Wiltshire SP2 7TL. Our company registration number is
5517422. Our email address is enquiries@partyseasons.co.uk.
Our VAT number is 834 626 029.
(4) The
Products
We offer a range of everyday and seasonal
lines for parties, celebrations and special events and continually scan the
market place at home and abroad for new lines which may be of interest to our
customers. So whether you are dressing up or holding a wedding celebration,
hosting a school fete or a 100th birthday party, our aim is to help
you in MAKING THE MOST OF ANY OCCASION. If you can’t see what you
want, please ask us by using the email facility, by post, fax or by phone, we
may have it or at least can get it for you. We welcome your enquiries.
(5) Price,
Payment and Availability
Prices for the Products are quoted on the
Site and are in pounds sterling. The
Site contains a large number of Products and it is always possible that some of
the Products listed on the Site may be incorrectly priced. In this unlikely
event, we will advise you before proceeding with the Order. We will verify
prices as part of our sale procedures so that a Product's correct price, should
it differ will be stated in the Second Acknowledgement/when you pay for the
Product.
In addition to the price of the Products,
you will have to pay a delivery charge, which will be as stated when you pay
for the Product.(See our Customer Services section).
We may withhold the Products and/or
terminate this Agreement if the price is not received from you in full, on
time, in cleared funds.
The prices on the Site include any value
added or sales taxes (where applicable). The total price, including VAT,
postage and packing is set out in the on-line Order form.
Payment for all Products must be made online
by debit or credit card. We accept Visa, Mastercard, Switch/Maestro, Solo and
Electron cards. You can also place your
Order by telephone or fax (01722 416013) or by e mail. We can then agree the
payment method, either card, cheque, postal order or by cash at the store.
Prices for Products are liable to change at
any time, but changes will not affect Agreements which have come into force.
Orders are subject to availability. In the
unlikely event we are unable to supply your Order, normally because the Product
is not available, you will be notified by email or by phone. If for whatever
reason, Products are not available to us, we reserve the right to withdraw
acceptance of your Order and to refund in full any payment you have made for
the Products. Orders for other Products which are available will be despatched
in the normal way once paid for. Where Products are delivered in instalments,
each delivery shall constitute a separate Agreement and our failure to deliver
any one of the instalments in accordance with these terms and conditions shall
not entitle you to treat the Agreement as a whole as repudiated.
(6) Delivery
We will arrange for the Products to be
delivered to the address for delivery indicated in your Order, if different
from your billing details.
We will use reasonable endeavours to deliver
Products within 7 days of the Order acceptance. However, we cannot guarantee
delivery by the relevant date. We make every effort to deliver goods within
these estimated timescales, although delays are occasionally inevitable. Party
Seasons shall be under no liability for any delay or failure to deliver the
products within estimated timescales.
We do however guarantee that unless there
are exceptional circumstances all deliveries of Products will be dispatched
within 30 days of the later of receipt of payment and the date of our Second
Acknowledgement. If we fail to dispatch any ordered Products within 30 days of
accepting your Order (or any longer period we may have agreed and confirmed to
you), we shall refund in full your payment in respect of these Products.
If you fail to take delivery of the Products
ordered and they are returned to us, we will contact you for information and
confirmation. We will refund the cost of the Products, excluding delivery costs
to you and the return to us; goods still required can be re-sent with the
payment of additional delivery charges.
We will only deliver Products within mainland
UK and Northern Ireland addresses. All items must be signed for on delivery by
an adult aged 18 years or over.
(Please see our delivery details within the
Customer Services section.)
(7) Risk
and title
The Products will be at your risk from the
time the Products leave our premises for delivery. Ownership of the Products
will only pass to you after we receive full payment of all sums due in respect
of the Products (including delivery charges).
(8) Consumer rights
You may cancel this Agreement at any time
within 7 working days after the day you received the Products (subject to the
limitations set out below). Products may be returned for refund, exchange or
replacement within 7 working days after the delivery date. In this instance, returned
Products must be received by us to our business address in good condition, unused
and undamaged and with the original packaging in tact.
If you cancel the agreement on this basis,
you must inform us in writing and return the Products to us immediately, in the
same condition in which you received them. We will advise the Returns
Authorisation details to you by email. Products returned by you will be
refunded less the cost of sending the Products to you. You will be responsible
for paying the cost of returning the Products to us. Risk of damage to, or loss
of such Products shall pass to us at the time of delivery to us.
If you cancel this Agreement on this basis
and you do not return the Products to us, we may recover the Products and
charge you for the costs we incur in doing so. Similarly, if you return the Products at our expense, we may pass that
expense on to you.
The customer shall bear the cost of returning
Products for refund or exchange. You should use registered post or recorded
delivery when returning Products and ensure you retain proof of posting.
(9) Defective
Products
All Products are inspected prior to being
sent by us. However, you may also cancel this Agreement if the Products
supplied are found to be defective or incorrectly supplied. In cases of faulty,
damaged or incorrectly supplied Products, you must inform us in writing and
return the Products to us immediately, in the same condition in which you
received them. Faulty, damaged or
incorrectly supplied Products returned by you within the 7 working day period
referred to above will be refunded in full (including the cost of sending the
Products to you). You should use
registered post or recorded delivery when returning Products and ensure you
retain proof of posting.
(10) Refunds
If you cancel this Agreement and are
entitled to a refund, we will usually refund any money received from you using
the same method originally used by you to pay for your purchase. We will
process the refund due to you as soon as possible and, in any event, within 30
days of the day we received your notice of cancellation. We will not be liable
for any costs, howsoever incurred by you, relating to the timing of the refund
within the maximum 30 day period.
(11) Warranties
We warrant to you that any Product you
purchase through the Site will be of satisfactory quality. Minor variations may,
however exist between the Products shown or described on the web site and those
despatched to you.
You warrant to us that: you have full
authority, power and capacity to enter into this Agreement and that all
necessary actions have been taken to enable you to lawfully enter into this
Agreement; you are legally capable of entering into binding contracts; you are
resident in the UK; you are at least 18 years old; the information provided in
the Order is accurate; and you will be able to accept delivery of the Products
as contemplated in this Agreement.
Subject to the warranties set out above, to
the maximum extent permitted by applicable law we disclaim all warranties with
respect to the Products, whether express or implied.
(12) Limitations of Liability
Nothing in this Agreement shall limit or
exclude your or our liability for: (i) death or personal injury caused by
negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of
the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer
Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv)
for any matter for which it would be illegal for to limit or exclude, or
attempt to limit or exclude, liability.
Subject to this: (i) our liability in
connection with any Product purchased through our site is strictly limited to
the higher of the purchase price of the relevant Product and the replacement
cost of the relevant Product; (ii) we accept no liability for any loss of
income or revenue, loss of business, loss of profits or contracts, loss of
anticipated savings, loss of data, waste of management or office time or for
any indirect or consequential loss or damage of any kind however arising and
whether caused by tort (including negligence), breach of contract or otherwise,
even if foreseeable; and (iii) we will not be liable or responsible for any
failure to perform, or delay in performance of, any of our obligations under
this Agreement caused by events outside our reasonable control.
(13) General terms
Images of Products on the Site are for
illustrative purposes; actual Products may differ from such images. The images,
illustrations, descriptions or other information contained in the web site are
for general guidance only and do not form part of the Agreement.
We will treat all your personal information
that we collect in connection with your Order in accordance with the terms of our
Privacy Policy; use of our website will be subject to our website Terms and
Conditions.
This Agreement may only be varied by an
instrument in writing signed by both you and us. We may revise these terms from time-to-time,
but such revisions will not affect the terms of any Agreement which we have
entered into with you.
If any provision of this Agreement is held
invalid or unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall remain in full force and effect, and such
invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or
condition of this Agreement, whether by conduct or otherwise, in any one or
more instances, will be deemed to be, or be construed as, a further or
continuing waiver of that term, provision or condition or any other term,
provision or condition of this Agreement.
You may not assign, charge, sub-contract or
otherwise transfer this Agreement, or any of your rights or obligations arising
under this Agreement. Any attempt by
you to do so shall be null and void. We
may assign, charge, sub-contract or otherwise transfer this Agreement, or any
of our rights or obligations arising under this Agreement, at any time –
providing such action does not serve to reduce the guarantees benefiting you
under this Agreement.
This Agreement is made for the benefit of
the parties to it and is not intended to benefit, or be enforceable by, any
other person. The right of the parties to terminate, rescind, or agree any
amendment, variation, waiver or settlement under this Agreement is not subject
to the consent of any person who is not a party to this Agreement.
This Agreement contains the complete
agreement between the parties with respect to the subject matter hereof, and
supersedes all prior or contemporaneous agreements or understandings, whether
oral or written.
This Agreement will be governed by and
interpreted in accordance with the laws of the England, and the English courts
shall have exclusive jurisdiction with respect to any dispute arising under
this Agreement.
|
TERMS & CONDITIONS FOR THE SALE OF GOODS
Welcome to Party Seasons. These are the
terms and conditions on which we do business for Products ordered through this
web site. No alteration of these terms and conditions shall be valid unless
previously agreed in writing by us. Our employees or agents are not authorised
to make any representations concerning the Products and Orders unless confirmed
by us in writing. You will be asked to expressly agree to these terms and
conditions before ordering Products from this site. Please read them carefully. If you do not agree to them, do not order any
products from this site. By using the web site, you agree to be bound by the
terms and conditions. As further indication of your acceptance of these terms
and conditions, you must click on the button marked “I agree to the terms and
conditions” at the checkout.
Please note that you may only purchase products
from this site if you are over 18 and resident in the UK.
Please also refer to our Privacy Policy,
Customer Services and About Us sections in the web site.
(1) Definitions and Interpretation
In this Agreement “we” means Savernake
Trading Limited, trading as Party Seasons (and “us” and “our” shall be
construed accordingly); and “you” means the relevant customer or potential
customer as the case may be (and “your” shall be construed accordingly).
In this Agreement, the following definitions
shall apply:
“Agreement” means this agreement
incorporating any terms set out in our Second Acknowledgement;
“First Acknowledgement” means the initial
automatic email acknowledgment which we will send to you after receiving your
Order;
“Order” means your order for Products made
via the site;
“Products” means goods which may be
purchased by you from the site;
“Second Acknowledgement” means the email
acknowledgment which we will send to you (where appropriate) confirming
acceptance of your Order; and
“Site” means the website at www.partyseasons.co.uk
or any successor site operated by us from time to time.
(2) This
Agreement
The advertising of Products on the Site
constitutes an “invitation to treat”; and your Order for Products constitutes a
contractual offer. No contract comes
into force between you and us unless and until we accept your Order. A contract
is formed between us when we ship your Order, not before. Your Order will only
be accepted once we receive payment, until then we treat it as an enquiry.
In order to enter into this Agreement with
us, you will need to take the following steps: (i) you must add any Products you wish to purchase to your shopping
cart, and then proceed to the checkout; (ii) if you are a new customer, you
must then create an account with us and log in; if you are an existing
customer, you must enter your login details; (iii) once you are logged in, you
must select your preferred method of delivery and confirm your Order and your
consent to the terms of this Agreement; (iv) you will be transferred to the Barclays
Merchant Service website, and Barclays will handle your payment; (v) we will
then send you the First Acknowledgment; and (vi) once we have checked whether
we are able to meet your Order, we will either send you the Second
Acknowledgement (at which point this Agreement will become a binding contract)
or we will confirm by email that we are unable to meet your Order.
Please note that we will not file a copy of
this Agreement. We may update the
version of this Agreement on the Site from time to time, and we do not
guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download,
print and retain a copy of this Agreement for your records.
The only language in which we offer this
Agreement is English.
Once you have an item(s) in your shopping
cart, you can go to the checkout at any time, using the ‘Checkout’ button. Here
you will be asked billing and shipping details. Before you place your Order and
proceed to the payment window, you should take the opportunity of identifying
whether you have made any input errors by carefully going through your billing
and shipping details. You may correct
those input errors before placing your Order by returning to the checkout page.
You can also return to these details from the payment window.
(3) About Us
Our full name is Savernake Trading Limited
and we trade as Party Seasons, Salisbury. Our registered office and principal trading address is 2 Priory Square,
The Maltings, Salisbury, Wiltshire SP2 7TL. Our company registration number is
5517422. Our email address is enquiries@partyseasons.co.uk.
Our VAT number is 834 626 029.
(4) The
Products
We offer a range of everyday and seasonal
lines for parties, celebrations and special events and continually scan the
market place at home and abroad for new lines which may be of interest to our
customers. So whether you are dressing up or holding a wedding celebration,
hosting a school fete or a 100th birthday party, our aim is to help
you in MAKING THE MOST OF ANY OCCASION. If you can’t see what you
want, please ask us by using the email facility, by post, fax or by phone, we
may have it or at least can get it for you. We welcome your enquiries.
(5) Price,
Payment and Availability
Prices for the Products are quoted on the
Site and are in pounds sterling. The
Site contains a large number of Products and it is always possible that some of
the Products listed on the Site may be incorrectly priced. In this unlikely
event, we will advise you before proceeding with the Order. We will verify
prices as part of our sale procedures so that a Product's correct price, should
it differ will be stated in the Second Acknowledgement/when you pay for the
Product.
In addition to the price of the Products,
you will have to pay a delivery charge, which will be as stated when you pay
for the Product. (See our Customer Services section).
We may withhold the Products and/or
terminate this Agreement if the price is not received from you in full, on
time, in cleared funds.
The prices on the Site include any value
added or sales taxes (where applicable). The total price, including VAT,
postage and packing is set out in the on-line Order form.
Payment for all Products must be made online
by debit or credit card. We accept Visa, Mastercard, Switch/Maestro, Solo and
Electron cards. You can also place your
Order by telephone or fax (01722 416013) or by e mail. We can then agree the
payment method, either card, cheque, postal order or by cash at the store.
Prices for Products are liable to change at
any time, but changes will not affect Agreements which have come into force.
Orders are subject to availability. In the
unlikely event we are unable to supply your Order, normally because the Product
is not available, you will be notified by email or by phone. If for whatever
reason, Products are not available to us, we reserve the right to withdraw
acceptance of your Order and to refund in full any payment you have made for
the Products. Orders for other Products which are available will be despatched
in the normal way once paid for. Where Products are delivered in instalments,
each delivery shall constitute a separate Agreement and our failure to deliver
any one of the instalments in accordance with these terms and conditions shall
not entitle you to treat the Agreement as a whole as repudiated.
(6) Delivery
We will arrange for the Products to be
delivered to the address for delivery indicated in your Order, if different
from your billing details.
We will use reasonable endeavours to deliver
Products within 7 days of the Order acceptance. However, we cannot guarantee
delivery by the relevant date. We make every effort to deliver goods within
these estimated timescales, although delays are occasionally inevitable. Party
Seasons shall be under no liability for any delay or failure to deliver the
products within estimated timescales.
We do however guarantee that unless there
are exceptional circumstances all deliveries of Products will be dispatched
within 30 days of the later of receipt of payment and the date of our Second
Acknowledgement. If we fail to dispatch any ordered Products within 30 days of
accepting your Order (or any longer period we may have agreed and confirmed to
you), we shall refund in full your payment in respect of these Products.
If you fail to take delivery of the Products
ordered and they are returned to us, we will contact you for information and
confirmation. We will refund the cost of the Products, excluding delivery costs
to you and the return to us; goods still required can be re-sent with the
payment of additional delivery charges.
We will only deliver Products within mainland
UK and Northern Ireland addresses. All items must be signed for on delivery by
an adult aged 18 years or over.
(Please see our delivery details within the
Customer Services section.)
(7) Risk
and Title
The Products will be at your risk from the
time the Products leave our premises for delivery. Ownership of the Products
will only pass to you after we receive full payment of all sums due in respect
of the Products (including delivery charges).
(8) Consumer Rights
You may cancel this Agreement at any time
within 7 working days after the day you received the Products (subject to the
limitations set out below). Products may be returned for refund, exchange or
replacement within 7 working days after the delivery date. In this instance, returned
Products must be received by us to our business address in good condition, unused
and undamaged and with the original packaging in tact.
If you cancel the agreement on this basis,
you must inform us in writing and return the Products to us immediately, in the
same condition in which you received them. We will advise the Returns
Authorisation details to you by email. Products returned by you will be
refunded less the cost of sending the Products to you. You will be responsible
for paying the cost of returning the Products to us. Risk of damage to, or loss
of such Products shall pass to us at the time of delivery to us.
If you cancel this Agreement on this basis
and you do not return the Products to us, we may recover the Products and
charge you for the costs we incur in doing so. Similarly, if you return the Products at our expense, we may pass that
expense on to you.
The customer shall bear the cost of returning
Products for refund or exchange. You should use registered post or recorded
delivery when returning Products and ensure you retain proof of posting.
(9) Defective
Products
All Products are inspected prior to being
sent by us. However, you may also cancel this Agreement if the Products
supplied are found to be defective or incorrectly supplied. In cases of faulty,
damaged or incorrectly supplied Products, you must inform us in writing and
return the Products to us immediately, in the same condition in which you
received them. Faulty, damaged or
incorrectly supplied Products returned by you within the 7 working day period
referred to above will be refunded in full (including the cost of sending the
Products to you). You should use
registered post or recorded delivery when returning Products and ensure you
retain proof of posting.
(10) Refunds
If you cancel this Agreement and are
entitled to a refund, we will usually refund any money received from you using
the same method originally used by you to pay for your purchase. We will
process the refund due to you as soon as possible and, in any event, within 30
days of the day we received your notice of cancellation. We will not be liable
for any costs, howsoever incurred by you, relating to the timing of the refund
within the maximum 30 day period.
(11) Warranties
We warrant to you that any Product you
purchase through the Site will be of satisfactory quality. Minor variations may,
however exist between the Products shown or described on the web site and those
despatched to you.
You warrant to us that: you have full
authority, power and capacity to enter into this Agreement and that all
necessary actions have been taken to enable you to lawfully enter into this
Agreement; you are legally capable of entering into binding contracts; you are
resident in the UK; you are at least 18 years old; the information provided in
the Order is accurate; and you will be able to accept delivery of the Products
as contemplated in this Agreement.
Subject to the warranties set out above, to
the maximum extent permitted by applicable law we disclaim all warranties with
respect to the Products, whether express or implied.
(12) Limitations of Liability
Nothing in this Agreement shall limit or
exclude your or our liability for: (i) death or personal injury caused by
negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of
the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer
Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv)
for any matter for which it would be illegal for to limit or exclude, or
attempt to limit or exclude, liability.
Subject to this: (i) our liability in
connection with any Product purchased through our site is strictly limited to
the higher of the purchase price of the relevant Product and the replacement
cost of the relevant Product; (ii) we accept no liability for any loss of
income or revenue, loss of business, loss of profits or contracts, loss of
anticipated savings, loss of data, waste of management or office time or for
any indirect or consequential loss or damage of any kind however arising and
whether caused by tort (including negligence), breach of contract or otherwise,
even if foreseeable; and (iii) we will not be liable or responsible for any
failure to perform, or delay in performance of, any of our obligations under
this Agreement caused by events outside our reasonable control.
(13) General Terms
Images of Products on the Site are for
illustrative purposes; actual Products may differ from such images. The images,
illustrations, descriptions or other information contained in the web site are
for general guidance only and do not form part of the Agreement.
We will treat all your personal information
that we collect in connection with your Order in accordance with the terms of our
Privacy Policy; use of our website will be subject to our website Terms and
Conditions.
This Agreement may only be varied by an
instrument in writing signed by both you and us. We may revise these terms from time-to-time,
but such revisions will not affect the terms of any Agreement which we have
entered into with you.
If any provision of this Agreement is held
invalid or unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall remain in full force and effect, and such
invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or
condition of this Agreement, whether by conduct or otherwise, in any one or
more instances, will be deemed to be, or be construed as, a further or
continuing waiver of that term, provision or condition or any other term,
provision or condition of this Agreement.
You may not assign, charge, sub-contract or
otherwise transfer this Agreement, or any of your rights or obligations arising
under this Agreement. Any attempt by
you to do so shall be null and void. We
may assign, charge, sub-contract or otherwise transfer this Agreement, or any
of our rights or obligations arising under this Agreement, at any time –
providing such action does not serve to reduce the guarantees benefiting you
under this Agreement.
This Agreement is made for the benefit of
the parties to it and is not intended to benefit, or be enforceable by, any
other person. The right of the parties to terminate, rescind, or agree any
amendment, variation, waiver or settlement under this Agreement is not subject
to the consent of any person who is not a party to this Agreement.
This Agreement contains the complete
agreement between the parties with respect to the subject matter hereof, and
supersedes all prior or contemporaneous agreements or understandings, whether
oral or written.
This Agreement will be governed by and
interpreted in accordance with the laws of the England, and the English courts
shall have exclusive jurisdiction with respect to any dispute arising under
this Agreement.
|
TERMS & CONDITIONS FOR THE SALE OF GOODS
Welcome to Party Seasons. These are the
terms and conditions on which we do business for Products ordered through this
web site. No alteration of these terms and conditions shall be valid unless
previously agreed in writing by us. Our employees or agents are not authorised
to make any representations concerning the Products and Orders unless confirmed
by us in writing. You will be asked to expressly agree to these terms and
conditions before ordering Products from this site. Please read them carefully. If you do not agree to them, do not order any
products from this site. By using the web site, you agree to be bound by the
terms and conditions. As further indication of your acceptance of these terms
and conditions, you must click on the button marked “I agree to the terms and
conditions” at the checkout.
Please note that you may only purchase products
from this site if you are over 18 and resident in the UK.
Please also refer to our Privacy Policy,
Customer Services and About Us sections in the web site.
(1) Definitions and Interpretation
In this Agreement “we” means Savernake
Trading Limited, trading as Party Seasons (and “us” and “our” shall be
construed accordingly); and “you” means the relevant customer or potential
customer as the case may be (and “your” shall be construed accordingly).
In this Agreement, the following definitions
shall apply:
“Agreement” means this agreement
incorporating any terms set out in our Second Acknowledgement;
“First Acknowledgement” means the initial
automatic email acknowledgment which we will send to you after receiving your
Order;
“Order” means your order for Products made
via the site;
“Products” means goods which may be
purchased by you from the site;
“Second Acknowledgement” means the email
acknowledgment which we will send to you (where appropriate) confirming
acceptance of your Order; and
“Site” means the website at www.partyseasons.co.uk
or any successor site operated by us from time to time.
(2) This
Agreement
The advertising of Products on the Site
constitutes an “invitation to treat”; and your Order for Products constitutes a
contractual offer. No contract comes
into force between you and us unless and until we accept your Order. A contract
is formed between us when we ship your Order, not before. Your Order will only
be accepted once we receive payment, until then we treat it as an enquiry.
In order to enter into this Agreement with
us, you will need to take the following steps: (i) you must add any Products you wish to purchase to your shopping
cart, and then proceed to the checkout; (ii) if you are a new customer, you
must then create an account with us and log in; if you are an existing
customer, you must enter your login details; (iii) once you are logged in, you
must select your preferred method of delivery and confirm your Order and your
consent to the terms of this Agreement; (iv) you will be transferred to the Barclays
Merchant Service website, and Barclays will handle your payment; (v) we will
then send you the First Acknowledgment; and (vi) once we have checked whether
we are able to meet your Order, we will either send you the Second
Acknowledgement (at which point this Agreement will become a binding contract)
or we will confirm by email that we are unable to meet your Order.
Please note that we will not file a copy of
this Agreement. We may update the
version of this Agreement on the Site from time to time, and we do not
guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download,
print and retain a copy of this Agreement for your records.
The only language in which we offer this
Agreement is English.
Once you have an item(s) in your shopping
cart, you can go to the checkout at any time, using the ‘Checkout’ button. Here
you will be asked billing and shipping details. Before you place your Order and
proceed to the payment window, you should take the opportunity of identifying
whether you have made any input errors by carefully going through your billing
and shipping details. You may correct
those input errors before placing your Order by returning to the checkout page.
You can also return to these details from the payment window.
(3) About Us
Our full name is Savernake Trading Limited
and we trade as Party Seasons, Salisbury. Our registered office and principal trading address is 2 Priory Square,
The Maltings, Salisbury, Wiltshire SP2 7TL. Our company registration number is
5517422. Our email address is enquiries@partyseasons.co.uk.
Our VAT number is 834 626 029.
(4) The
Products
We offer a range of everyday and seasonal
lines for parties, celebrations and special events and continually scan the
market place at home and abroad for new lines which may be of interest to our
customers. So whether you are dressing up or holding a wedding celebration,
hosting a school fete or a 100th birthday party, our aim is to help
you in MAKING THE MOST OF ANY OCCASION. If you can’t see what you
want, please ask us by using the email facility, by post, fax or by phone, we
may have it or at least can get it for you. We welcome your enquiries.
(5) Price,
Payment and Availability
Prices for the Products are quoted on the
Site and are in pounds sterling. The
Site contains a large number of Products and it is always possible that some of
the Products listed on the Site may be incorrectly priced. In this unlikely
event, we will advise you before proceeding with the Order. We will verify
prices as part of our sale procedures so that a Product's correct price, should
it differ will be stated in the Second Acknowledgement/when you pay for the
Product.
In addition to the price of the Products,
you will have to pay a delivery charge, which will be as stated when you pay
for the Product.(See our Customer Services section).
We may withhold the Products and/or
terminate this Agreement if the price is not received from you in full, on
time, in cleared funds.
The prices on the Site include any value
added or sales taxes (where applicable). The total price, including VAT,
postage and packing is set out in the on-line Order form.
Payment for all Products must be made online
by debit or credit card. We accept Visa, Mastercard, Switch/Maestro, Solo and
Electron cards. You can also place your
Order by telephone or fax (01722 416013) or by e mail. We can then agree the
payment method, either card, cheque, postal order or by cash at the store.
Prices for Products are liable to change at
any time, but changes will not affect Agreements which have come into force.
Orders are subject to availability. In the
unlikely event we are unable to supply your Order, normally because the Product
is not available, you will be notified by email or by phone. If for whatever
reason, Products are not available to us, we reserve the right to withdraw
acceptance of your Order and to refund in full any payment you have made for
the Products. Orders for other Products which are available will be despatched
in the normal way once paid for. Where Products are delivered in instalments,
each delivery shall constitute a separate Agreement and our failure to deliver
any one of the instalments in accordance with these terms and conditions shall
not entitle you to treat the Agreement as a whole as repudiated.
(6) Delivery
We will arrange for the Products to be
delivered to the address for delivery indicated in your Order, if different
from your billing details.
We will use reasonable endeavours to deliver
Products within 7 days of the Order acceptance. However, we cannot guarantee
delivery by the relevant date. We make every effort to deliver goods within
these estimated timescales, although delays are occasionally inevitable. Party
Seasons shall be under no liability for any delay or failure to deliver the
products within estimated timescales.
We do however guarantee that unless there
are exceptional circumstances all deliveries of Products will be dispatched
within 30 days of the later of receipt of payment and the date of our Second
Acknowledgement. If we fail to dispatch any ordered Products within 30 days of
accepting your Order (or any longer period we may have agreed and confirmed to
you), we shall refund in full your payment in respect of these Products.
If you fail to take delivery of the Products
ordered and they are returned to us, we will contact you for information and
confirmation. We will refund the cost of the Products, excluding delivery costs
to you and the return to us; goods still required can be re-sent with the
payment of additional delivery charges.
We will only deliver Products within mainland
UK and Northern Ireland addresses. All items must be signed for on delivery by
an adult aged 18 years or over.
(Please see our delivery details within the
Customer Services section.)
(7) Risk
and Title
The Products will be at your risk from the
time the Products leave our premises for delivery. Ownership of the Products
will only pass to you after we receive full payment of all sums due in respect
of the Products (including delivery charges).
(8) Consumer Rights
You may cancel this Agreement at any time
within 7 working days after the day you received the Products (subject to the
limitations set out below). Products may be returned for refund, exchange or
replacement within 7 working days after the delivery date. In this instance, returned
Products must be received by us to our business address in good condition, unused
and undamaged and with the original packaging in tact.
If you cancel the agreement on this basis,
you must inform us in writing and return the Products to us immediately, in the
same condition in which you received them. We will advise the Returns
Authorisation details to you by email. Products returned by you will be
refunded less the cost of sending the Products to you. You will be responsible
for paying the cost of returning the Products to us. Risk of damage to, or loss
of such Products shall pass to us at the time of delivery to us.
If you cancel this Agreement on this basis
and you do not return the Products to us, we may recover the Products and
charge you for the costs we incur in doing so. Similarly, if you return the Products at our expense, we may pass that
expense on to you.
The customer shall bear the cost of returning
Products for refund or exchange. You should use registered post or recorded
delivery when returning Products and ensure you retain proof of posting.
(9) Defective
Products
All Products are inspected prior to being
sent by us. However, you may also cancel this Agreement if the Products
supplied are found to be defective or incorrectly supplied. In cases of faulty,
damaged or incorrectly supplied Products, you must inform us in writing and
return the Products to us immediately, in the same condition in which you
received them. Faulty, damaged or
incorrectly supplied Products returned by you within the 7 working day period
referred to above will be refunded in full (including the cost of sending the
Products to you). You should use
registered post or recorded delivery when returning Products and ensure you
retain proof of posting.
(10) Refunds
If you cancel this Agreement and are
entitled to a refund, we will usually refund any money received from you using
the same method originally used by you to pay for your purchase. We will
process the refund due to you as soon as possible and, in any event, within 30
days of the day we received your notice of cancellation. We will not be liable
for any costs, howsoever incurred by you, relating to the timing of the refund
within the maximum 30 day period.
(11) Warranties
We warrant to you that any Product you
purchase through the Site will be of satisfactory quality. Minor variations may,
however exist between the Products shown or described on the web site and those
despatched to you.
You warrant to us that: you have full
authority, power and capacity to enter into this Agreement and that all
necessary actions have been taken to enable you to lawfully enter into this
Agreement; you are legally capable of entering into binding contracts; you are
resident in the UK; you are at least 18 years old; the information provided in
the Order is accurate; and you will be able to accept delivery of the Products
as contemplated in this Agreement.
Subject to the warranties set out above, to
the maximum extent permitted by applicable law we disclaim all warranties with
respect to the Products, whether express or implied.
(12) Limitations of Liability
Nothing in this Agreement shall limit or
exclude your or our liability for: (i) death or personal injury caused by
negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of
the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer
Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv)
for any matter for which it would be illegal for to limit or exclude, or
attempt to limit or exclude, liability.
Subject to this: (i) our liability in
connection with any Product purchased through our site is strictly limited to
the higher of the purchase price of the relevant Product and the replacement
cost of the relevant Product; (ii) we accept no liability for any loss of
income or revenue, loss of business, loss of profits or contracts, loss of
anticipated savings, loss of data, waste of management or office time or for
any indirect or consequential loss or damage of any kind however arising and
whether caused by tort (including negligence), breach of contract or otherwise,
even if foreseeable; and (iii) we will not be liable or responsible for any
failure to perform, or delay in performance of, any of our obligations under
this Agreement caused by events outside our reasonable control.
(13) General Terms
Images of Products on the Site are for
illustrative purposes; actual Products may differ from such images. The images,
illustrations, descriptions or other information contained in the web site are
for general guidance only and do not form part of the Agreement.
We will treat all your personal information
that we collect in connection with your Order in accordance with the terms of our
Privacy Policy; use of our website will be subject to our website Terms and
Conditions.
This Agreement may only be varied by an
instrument in writing signed by both you and us. We may revise these terms from time-to-time,
but such revisions will not affect the terms of any Agreement which we have
entered into with you.
If any provision of this Agreement is held
invalid or unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall remain in full force and effect, and such
invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or
condition of this Agreement, whether by conduct or otherwise, in any one or
more instances, will be deemed to be, or be construed as, a further or
continuing waiver of that term, provision or condition or any other term,
provision or condition of this Agreement.
You may not assign, charge, sub-contract or
otherwise transfer this Agreement, or any of your rights or obligations arising
under this Agreement. Any attempt by
you to do so shall be null and void. We
may assign, charge, sub-contract or otherwise transfer this Agreement, or any
of our rights or obligations arising under this Agreement, at any time –
providing such action does not serve to reduce the guarantees benefiting you
under this Agreement.
This Agreement is made for the benefit of
the parties to it and is not intended to benefit, or be enforceable by, any
other person. The right of the parties to terminate, rescind, or agree any
amendment, variation, waiver or settlement under this Agreement is not subject
to the consent of any person who is not a party to this Agreement.
This Agreement contains the complete
agreement between the parties with respect to the subject matter hereof, and
supersedes all prior or contemporaneous agreements or understandings, whether
oral or written.
This Agreement will be governed by and
interpreted in accordance with the laws of the England, and the English courts
shall have exclusive jurisdiction with respect to any dispute arising under
this Agreement.
|
 |