Terms & Conditions

1.     BACKGROUND:

 

This agreement applies as between you, the User of this Website and The Party Artisan Ltd, the owner of this Website.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

 

No part of this Website is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

 

 

2.     Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

 

“Carrier”

means any third party responsible for transporting purchased Goods from our Premises to customers;

Content

means any text, graphics, image, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Goods”

means any products that The Party Artisan advertises and/or makes available for sale through this Website;

“Payment Information”

means any details required for the purchase of Goods from this Website.  This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;

“Printables”

means any of those Goods that The Party Artisan advertises and/or makes available for sale that are capable of being delivered to the customer by means of electronic data transmission;

“Premises”

means our place(s) of business: 1st Floor, 59-61 High St West, Glossop, Derbyshire SK13 8AZ, United Kingdom;

“Purchase Information”

means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

Service

means collectively any online facilities, tools, services or information that The Party Artisan makes available through the Website either now or in the future;

System

 

 

means any online communications infrastructure that The Party Artisan makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

The Party Artisan

means The Party Artisan Ltd, a private limited liability company incorporated in England and Wales, Registration Number 3669507

“User” / “Users”

means any third party that accesses the Website and is not employed by The Party Artisan and acting in the course of their employment; and

“Website”

means the website that you are currently using (www.thepartyartisan.co.uk) and any sub-domains of this site (e.g. subdomain.www.parties.thepartyartisan.co.uk) unless expressly excluded by their own terms and conditions.

 

3.     Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

4.     Business Customers

These Terms and Conditions do not apply to customers buying Goods in the course of business. If you are a business customer please contact us for our commercial T&Cs at  admin@thepartyartisan.co.uk.

5.     International Customers

5.1.1.  The Website and these Consumer Terms & Conditions are designed for use within the UK and its legal framework.  We welcome requests for orders from outside the UK but give no warranty, express or implied, that your use of the Website or the placing of any order through the Website complies with the laws and regulations of any jurisdiction other than the law of England and Wales.  Therefore while any Goods or promotions not permitted under your local law outside the UK are implicitly not on offer to you, the onus for ensuring full compliance with the laws applicable within your jurisdiction rests on you alone.

5.1.2.  If Goods are being ordered from outside The Party Artisan’s country of residence, import duties and taxes may be incurred once your Goods reach their destination.  The Party Artisan is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and The Party Artisan cannot guarantee that the packaging of your Goods will be free of signs of tampering.

6.     Intellectual Property

6.1.1.  Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website or referred to within the Website, unless uploaded by Users, including but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Party Artisan, our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.  The Party Artisan reserves all rights.

6.1.2.  Subject to Clause 7 you may not reproduce, modify, copy, distribute, store or in any other fashion re-use material from the Website or referred to within the Website unless otherwise indicated on the Website or unless given express written permission to do so by The Party Artisan.

6.1.3.  The status of The Party Artisan (and that off any identified contributors) as the authors of material on the Website or referred to within the Website must always be acknowledged.

6.1.4.  You may not modify any copy of any material that you have downloaded off the Website in any way.  You may not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

6.1.5.  You may not use any part of the materials on the Website for commercial purposes without obtaining a license to do so from The Party Artisan or our licensors.  You are therefore prohibited from using any images or materials from the Website, or copy or distribute or share any patterns or images purchased from The Party Artisan.

6.1.6.  All intellectual property vested in the Goods, especially that of copyright, including but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Party Artisan, our affiliates or other relevant third parties.  Such material is protected by applicable United Kingdom and International intellectual property and other laws.  The Party Artisan reserves all such rights.

6.1.7.  You may not reproduce, modify, copy, distribute, store or in any other fashion re-use copyright material vested in the Goods unless given express written permission to do so by The Party Artisan.  The status of The Party Artisan (and that off any identified contributors) as the authors of copyright material vested in the Goods must always be acknowledged.

6.1.8.  You may not modify any copy of any copyright material vested in the Goods in any way.  You may not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

6.1.9.  You may not use any part of any copyright material vested in the Goods for commercial purposes without obtaining a license to do so from The Party Artisan or our licensors.  You are therefore prohibited from using any images or materials, or copy or distribute or share any patterns or images purchased from The Party Artisan.

7.     Third Party Intellectual Property

7.1.1.  Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

7.1.2.  Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

8.     Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

9.     Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of The Party Artisan or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

10.   Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.thepartyartisan.co.uk without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of The Party Artisan.  To find out more please contact us by email at admin@thepartyartisan.co.uk .

11.   Use of Communications Facilities

11.1.When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

11.1.1.    You must not use obscene or vulgar language;

11.1.2.    You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

11.1.3.    You must not submit Content that is intended to promote or incite violence;

11.1.4.    It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

11.1.5.    The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

11.1.6.    You must not impersonate other people, particularly employees and representatives of The Party Artisanor our affiliates; and

11.1.7.    You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

11.2.You acknowledge that The Party Artisan reserves the right to monitor any and all communications made to us or using our System.

11.3.You acknowledge that The Party Artisan may retain copies of any and all communications made to us or using our System.

11.4.You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

12.   Accounts

12.1.In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account that will contain certain personal details and Payment Information that may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase.  By continuing to use this Website you represent and warrant that:

12.1.1.    all information you submit is accurate and truthful;

12.1.2.    you have permission to submit Payment Information where permission may be required; and

12.1.3.    you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

12.2.It is recommended that you do not share your Account details, particularly your username and password.  The Party Artisan accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

12.3.If you have reason to believe that your Account details have been obtained by another without consent, you should contact The Party Artisan immediately to suspend your Account and cancel any unauthorised purchases that may be pending.  Please be aware that purchases can only be cancelled until they are dispatched.  In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, The Party Artisan accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

12.4.When choosing your username you are required to adhere to the terms set out above in Clause 11.  Any failure to do so could result in the suspension and/or deletion of your Account.

13.   Termination and Cancellation of Your Account

13.1.Either The Party Artisan or you may terminate your Account. 

13.2.If The Party Artisan terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

13.3.If The Party Artisan terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.

13.4.If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

14.   Cancellation of Purchases

14.1.Cancellation by the Party Artisan

14.1.1.    The Party Artisan reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

14.1.2.    If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.

14.2.Cancellation by you:

14.2.1.    Prior to The Party Artisan dispatching your goods, but no later than thirty days from placing your order, you may cancel your order by notifying us in writing at email address  admin@thepartyartisan.co.uk.  Once your order has been dispatched the Returns Policy (Term 18 below) will apply.

14.2.2.    Once you have received the Goods, under UK consumer law you may terminate and cancel your contract with us at any time within seven working days, beginning on the day after you received the Goods. 

14.2.3.    The right to terminate and cancel shall not apply to contracts for Goods that are:

14.2.3.1.    made to your specifications: for the avoidance of doubt this includes but is not limited to any artwork, graphic, image, decoration, artworked goods or product personalised or otherwise customised for you according to requirements specified by you in your order;

and/or

14.2.3.2.    perishable (e.g. foods) and/or hygiene-sensitive (e.g. drinking straws).

14.2.4.    To request cancellation of your contract once you have received the Goods, you must notify us in writing within seven days of receiving the Goods at  email address admin@thepartyartisan.co.uk and return the Goods to the Premises of The Party Artisan immediately, in the same condition in which you received them, together with all accessories, packing and instructions that were supplied with the Goods.  You have a legal obligation to take reasonable care of the Goods while they are in your possessions: you are legally responsible for their safe return.  The Party Artisan may have a right of action against you for compensation should you fail to comply with this duty of care.

14.2.5.    Failure by you to notify The Party Artisan of the cancellation within the seven working day period and or to deliver the returned Goods in a good condition will result in your request to cancel the contract being rejected.

15.   Goods, Pricing and Availability

15.1.Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from The Party Artisan correspond to the actual Goods, The Party Artisan is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.  Please refer to Clause 16.1 for incorrect Goods.

15.2.Where appropriate, you may be required to select the required size, model, colour, number or other features of the Goods that you are purchasing.  The Party Artisan does not represent or warrant that such Goods will be available.

15.3.Each Good manufactured from natural materials, for example wood or stone, will exhibit a unique form that is inherent in the nature of such materials.  While The Party Artisan takes every effort to ensure that the functions of such a Good are unaffected by any such variations in form, we take no responsibility for any such variations in themselves.

15.4.Each Good that constitutes a Printable, i.e. is capable of being delivered to the customer by electronic data transfer, is subject to the following:

15.4.1.    The Printable will be delivered directly to the purchaser as a PDF file.

15.4.2.    The Party Artisan grants to the purchaser a non-transferable single-user license for personal, non-profit use only.  This means that you may NOT distribute any copy or modification of the Printable to any other person or entity for any reason – such an action would constitute theft by you (see Clause 6 above).

15.5.All items are subject to availability.  Stock indications are not provided on the Website.

15.6.All pricing information on the Website is correct at the time of going online.  The Party Artisan reserves the right to change prices and alter or remove any special offers from time to time and as necessary.  All pricing information is reviewed and updated every month.

15.7.In the event that prices are changed during the period between an order being placed for Goods and The Party Artisan processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.

15.8.All prices on the Website include VAT.

16.   Purchasing Goods

16.1.By proceeding through the checkout process on this Website you are making an offer to The Party Artisan to purchase the Goods.

16.2.You may pay online using our secure Paypal account.  This accepts credit and debit cards (Visa, Delta/Connect, Switch and MasterCard).  You will automatically be redirected to the Paypal website during the checkout process of this Website.

16.3.After you have completed the payment through the Paypal website you will receive an email acknowledgment from Paypal with your reference number against each purchase.  If applicable, you should quote this reference number in the event of a query.

16.4.After you have placed an order with The Party Artisan for the purchase of Goods, you will receive an email from us acknowledging our receipt of your order.  Please note that this acknowledgement does not constitute an acceptance by The Party Artisan of your order.

16.5.The contract is not concluded between you and The Party Artisan until your order has been processed and dispatched to you.  The Party Artisan will not dispatch goods until we have received full payment for the Goods, including any applicable taxes and delivery charges, in cleared funds.

16.6.The Goods will be sent to the address given by you in your order.

17.   Delivery

17.1.The Party Artisan will notify you by way of email when your goods are to be dispatched to you.  The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

17.2.If The Party Artisan receives no communication from you within 28 days of delivery regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

18.   Returns Policy

18.1.The Party Artisan aims to always provide high quality Goods that are fault free and undamaged.  On occasion however, goods may need to be returned.  Returns are governed by these Terms and Conditions.

18.2.If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note from The Party Artisan detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 5 days to arrange their return.  You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods.  Refunds and replacements will be issued upon our receipt of the returned Goods.

18.3.If any Goods you have purchased have faults when they are delivered to you, you should contact The Party Artisan within 5 days to arrange their return.  Goods must be returned in their original condition with all packaging and documentation.  Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

18.4.You have a legal obligation to take reasonable care of the Goods while they are in your possession: you are legally responsible for their safe return.  The Party Artisan may have a right of action against you for compensation should you fail to comply with this duty of care. 

18.5.If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.

18.6.If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged.  In any event, you should report such damage to The Party Artisan within 5 days and arrange their return.  Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

18.7.If you wish to return Goods to The Party Artisan for any of the above reasons, please contact us using the details on <> to make the appropriate arrangements.

18.8.The Party Artisan reserves the right to exercise discretion with respect to any returns under these Terms and Conditions.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

18.8.1.    Any use or enjoyment that you may have already had out of the Goods;

18.8.2.    Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;

18.8.3.    The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;

18.8.4.    Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

18.8.5.    Such discretion to be exercised only within the confines of the law.  Your statutory rights are not affected by our returns policy.

19.   Privacy

19.1.Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above.

20.   Disclaimers

20.1.The Party Artisan makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

20.2.No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

20.3.No part of this Website is intended to constitute a contractual offer capable of acceptance.

20.4.Whilst The Party Artisan uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

21.   Changes to the Service and these Terms and Conditions

The Party Artisan reserves the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If The Party Artisan is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

22.   Availability of the Website

22.1.The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

22.2.The Party Artisan accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

23.   Limitation of Liability

23.1.To the maximum extent permitted by law, The Party Artisan accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

23.2.To the maximum extent permitted by law, The Party Artisan accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect , consequential, special or exemplary damages howsoever arising from the supply to you of Goods.

23.3.Nothing in these Terms and Conditions excludes or restricts The Party Artisan’s liability for death or personal injury resulting from any negligence or fraud on the part of The Party Artisan.

23.4.Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

24.   No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

25.   Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

26.   Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and The Party Artisan.

27.   Communications

27.1.All notices / communications shall be given to us either by post to our Premises (see address above) or by email to admin@thepartyartisan.co.uk  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

27.2.The Party Artisan may from time to time send you information about our products and/or services.  If you do not wish to receive such information, please <>.

28.   Law and Jurisdiction

These Terms and Conditions and the relationship between you and The Party Artisan shall be governed by and construed in accordance with the Law of England and Wales and The Party Artisan and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.