Terms and Conditions
Last updated 25th April 2023
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the website, you agree to have read, understood, and be bound by all these terms and conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website. We recommend that you print a copy of these Terms for your records.
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INTRODUCTION
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This website http://www.party-gifts.co.uk (the ‘Site’) is operated by AJ PARTY GIFTS LTD, doing business as “PARTY GIFTS”. Throughout the Site, the terms “Company”, “we”, “us” or “our” refer to PARTY GIFTS. Our registered address is [TBA] and you can contact us by email at customerservice@party-gifts.co.uk.
By visiting our Site and/ or purchasing something from us, you engage in our (“Service”) and agree to be bound by the following Terms and Conditions (“Terms”), including those additional policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. We will alert you about any changes by updating the ‘Last updated’ date of these Terms and you waive your right to receive specific notice of each such change. It is your responsibility to check this page periodically for changes. Your continued use of or access to our Site following the posting of any changes constitutes acceptance of those changes.
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SECTION 1 - ONLINE STORE TERMS
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By agreeing to these Terms, you confirm that you are legally capable of entering into binding contracts and are at least 18 years old.
You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Service.
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SECTION 2 - GENERAL CONDITIONS
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We reserve the right to refuse Service to anyone for any reason at any time.
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You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our Service, use of our Service, or access to our Service or any content on the Site through which our Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
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SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
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We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
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This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
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SECTION 4 - PRODUCTS
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Certain products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the features, specifications, details, colours, and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
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We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time for any reason. Any offer for any product made on this Site is void where prohibited.
We do not warrant that the quality of any products purchased or obtained by you will meet your expectations, or that any errors in our Service will be corrected.
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SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order.
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SECTION 6 – RETURN POLICY
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Please review our Returns Policy .
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SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
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By directly sending us any question, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
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SECTION 8 - PERSONAL INFORMATION
You may be required to register to use our Service. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. Your submission of personal information through the store is governed by our Privacy Policy.
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SECTION 9 – PRIVACY POLICY
We care about data and security. Please review our Privacy Policy . By using our Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised our Service are hosted in the United Kingdom. If you access our Service from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of our Service, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom.
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SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in our Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in our Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in our Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our Service or on any related website, should be taken to indicate that all information in our Service or on any related website has been modified or updated.
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SECTION 11 - PROHIBITED USES
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In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content:
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(a) for any unlawful purpose;
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(b) to solicit others to perform or participate in any unlawful acts;
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(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
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(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
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(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
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(f) to submit false or misleading information;
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(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
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(h) to collect or track the personal information of others;
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(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
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(j) for any obscene or immoral purpose; or
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(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
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SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, our Service is at your sole risk. All products delivered to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall PARTY GIFTS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Service or any content (or product) posted, transmitted, or otherwise made available via our Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
As with the purchase of a product through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
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SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless PARTY GIFTS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
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SECTION 14 - SEVERABILITY
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In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
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SECTION 15 - TERMINATION
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These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Service, or when you cease using our Site.
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If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services (including blocking certain IP addresses to any person for any reason or for no reason).
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
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SECTION 16 – ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Using our Service, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACT, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA OUR SERVICE. You hereby waive any rights or requirements under any statues, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
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SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Site or in respect to our Service constitutes the entire agreement and understanding between you and us and govern your use of our Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
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These Terms and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of United Kingdom.
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SECTION 19 - CONTACT INFORMATION
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To resolve a complaint regarding our Service or to receive further information regarding our products, please contact at: customerservice@party-gifts.co.uk.
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AJ PARTY GIFTS LTD
Email Address: customerservice@party-gifts.co.uk
Business Address: [TBA]
Company Number: 14757195