Conditions of Sale
This page (together with the documents referred to on it) informs you (website user) the terms and conditions on which we supply any of the products (products) listed on our website www.partydoodle.co.uk to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any products from our site. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
It is advised that you should print a copy of these terms and conditions for future reference.
1. Information about us
1.1 We operate the website www.partydoodle.co.uk. Party Doodle. Our main trading address is 66 Ansley Way, St.Ives, Cambridgeshire. PE27 6SN. England.
2. Service availability
2.1 We only accept orders from individuals resident in the United Kingdom.
3. Your status
3.1 By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
4. How the contract is formed between you and us
4.1 After placing an order, you will receive an email 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 email that confirms that the product has been dispatched (Dispatch Confirmation). The contract between us will only be formed when we send you the Dispatch Confirmation.
4.2 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 If you are contracting as a consumer, you may cancel a contract at any time within 14 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).
5.2 To cancel a contract, you must inform us in writing. You must also return the products to us as soon as reasonably practicable, and at your own cost. 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.
5.3 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.
6. Availability and delivery
6.1 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.
7. Risk and title
7.1 The products will be your responsibility from the time of delivery.
7.2 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 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 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.
8.3 Our site contains a selection 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.
8.4 If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the products to you at the incorrect (lower) price. Always refer back to these conditions of sale.
8.5 Payment for all products must be via our secure provider PayPal.
9. Our refunds policy
9.1 If you return a product to us:
(a) because you have cancelled the contract between us within the 14-day 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, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us;
(b) for any other reason (for instance, because you have notified us in accordance with clause 20 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 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 day we confirmed to you via email that you were entitled to a refund.
c) because the personalisation details are wrong, in our error we will refund in full or correct our mistake and send a replacement. However, all personalisation details must be checked in full by you at time of ordering. A copy of the personalisation details will be sent to you by email in your order confirmation. If these are wrong then immediate notification from you to us is required (maximum 2 hours from Order Confirmation email). Failure to do this can result in a personalisation printing error which is your error therefore we are not required to refund or replace.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. Warranty
10.1 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. Written communications
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by email 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.
12. Notices
12.1 All notices given by you to us must be given to Paper Gekko Limited at carole@partydoodle.co.uk or in writing to Party Doodle. 66 Ansley Way, St.Ives, Cambridgeshire. PE27 6SN England. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email 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 email that such email was sent to the specified email address of the addressee.
13. Events outside our control
13.1 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).
13.2 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:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government;
(g) acts and/or omissions of third parties; and
(h) pandemic or epidemic.
13.3 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.
14. Waiver
14.1 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.
14.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
14.3 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.
15. Severability
15.1 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.
16. Entire agreement
16.1 These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
16.2 We each acknowledge that, in entering into a contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
16.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
16.4 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.
17. Our right to vary these conditions
17.1 We have the right to revise and amend these Terms and Conditions from time to time.
17.2 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 14 working days of receipt by you of the products).
18. Law and jurisdiction
18.1 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.
19. Third party rights
19.1 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.