PartyPlastics Web Site Terms & Conditions

Open about how we do business

Document Version 2.0.1 - Effective From 2012.11.08

1. Introduction

• 1.1This website is owned and operated by Party Plastics LLP. We are registered in the UK (technically "England & Wales") under number OC328603. Our registered office is at 70 South Street, Lancing, West Sussex BN15 8AJ. Our trading address is Dukes Valley, Windsor Road, Gerrards Cross, Bucks SL9 8SR. Our VAT number is 818201062.
• 1.2Please read these terms and conditions carefully. They cancel and replace any previous versions. By using our website you agree to be bound by these terms and conditions.
• 1.3Any purchases of goods through our website are covered by our separate terms and conditions of sale document.

2. Changes to the terms and conditions

• 2.1We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown.

3. Your content on our site

• 3.1If we allow you to upload any comments, reviews or other content to this website, you must ensure that such information is accurate, that it complies with all applicable laws, regulations and codes of conduct and that it does not infringe any third party intellectual property or other rights. Also, your content must not be defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another's privacy or similarly inappropriate.
• 3.2We reserve the right without notice or refund to suspend, alter, remove or delete any content or to disclose to the relevant authorities any such content if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant content.

4. Security

• 4.1If we enable you to create an account on our site, you acknowledge that this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

5. Availability of our site

• 5.1We cannot guarantee that our site will be uninterrupted or error-free. We are entitled without notice and without liability to suspend the site for repair, maintenance, improvement or other technical reason.

6. PromoPoints

• 6.1On our Service, we offer a promotional points scheme ("PromoPoints") on the terms set out below. Accumulation of PromoPoints is subject to receipt of cleared payment.
• 6.2We shall determine the criteria upon which PromoPoints are awarded at our discretion. We may treat customers differently. We may decide that PromoPoints are not available for a particular customer, for example if we negotiate special pricing structures for that customer. We may at any time change the products for which PromoPoints are available.
• 6.3PromoPoints can only be redeemed against future purchases on our website and may only be applied to the total product price excluding delivery / administration charges etc. We may in our discretion change the redemption value of PromoPoints at any time before they have been redeemed.
• 6.4We do not provide any cash or refunds for PromoPoints (except as required by law). PromoPoints are for your personal use only and you must not sell or transfer them or make them available to anyone else or attempt to do so.
• 6.5We may impose additional restrictions concerning the acquisition or redemption of PromoPoints. For example we may cap the amount of PromoPoints which can be acquired or held or redeemed in any particular period or we may impose restrictions based on your country of residence.
• 6.6We may reduce or delete PromoPoints if the PromoPoints were awarded in error or if a payment in respect of which PromoPoints were allocated is charged back, refunded, reversed or otherwise cancelled.
• 6.7If we agree to make a refund in respect of a product purchased wholly with PromoPoints, we shall make the refund by re-crediting the PromoPoints to your account. If the product was purchased partly with PromoPoints, we shall re-credit the PromoPoints on a pro rata basis and the balance will be refunded by credit card or other payment method which we customarily use for refunds.
• 6.8We may at any time decide in our discretion to end the entire PromoPoints program. We will give you at least 90 days notice by email to use any outstanding PromoPoints before we delete them.
• 6.9At our discretion, PromoPoints are available to registered customers with 'active' customer accounts. This means that for as long as your customer account is active you are entitled to store PromoPoints for later use. We define an 'active' customer account as one that is used (logged in to) at least once within a given 12 month period. In the event that your customer account is not used (logged in to) for a period exceeding 12 months, your PromoPoint balance may expire.

7. Our content

• 7.1We cannot guarantee that any general information that we may make available on our website is accurate or up to date. You rely on it at your own risk.

8. Privacy

• 8.1You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy policy and cookie policy.

9. Intellectual property rights

• 9.1All trade marks, logos, content (including our website's structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our partners or suppliers. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
• 9.2For the avoidance of doubt you may not collect, scrape or harvest any content on our website or deep-link to or frame content on our website without our specific prior written consent.

10. Third party websites

• 10.1We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.

11. Liability

• 11.1Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
• 11.2You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
• 11.3Very important: If you are a consumer (i.e. not acting in the course of a business), we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
  • 11.3.1there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
  • 11.3.2such loss or damage was not reasonably foreseeable by both parties;
  • 11.3.3such loss or damage is caused by you, for example by not complying with this agreement; or
  • 11.3.4such loss or damage relates to a business.
• 11.4Very important: If you are a consumer (ie not acting in the course of a business), you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our website (subject of course to our obligation to mitigate any losses).
• 11.5The following clauses (11.5.1 -> 11.5.5) apply only if you are a business:
  • 11.5.1To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
  • 11.5.2Our liability of any kind (including our own negligence) with respect to our website for any one event or series of related events is limited to £100.
  • 11.5.3In no event (including our own negligence) will we be liable for any:
    • a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
    • b) loss of goodwill or reputation;
    • c) special, indirect or consequential losses; or
    • d) damage to or loss of data
    (even if we have been advised of the possibility of such losses).
  • 11.5.4You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement.
  • 11.5.5This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

12. English Law

• 12.1These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

13. General

• 13.1We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a "waiver" (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.

14. Complaints

• 14.1If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.