Terms
& Conditions
All orders are subject to the following terms
and conditions. These shall form part of any contract concluded between Party
Heroes Ltd and a buyer.
Copyright
Trademarks
Submissions
Health & Safety
Changes in Specification
Prices
Export Licenses
Title of Products
Payment
Delivery and Risks
Cancellation of Orders
and Returning Goods
Governing Law
Copyright
Party Heroes Ltd. owns
and operates this Internet site and the services available on this Internet
site. All content included on this Internet site (including text, graphics,
logos, button icons, images, audio clips and software) is the property of Party
Heroes Ltd, its licensors or its content suppliers, and is protected by U.K. and
international copyright and trademark laws. Any unauthorized broadcasting,
public performance, copying or re-recording will constitute an infringement of
copyright.
Trademarks
Party
Heroes Ltd, the Party Heroes Ltd logo, are trademarks and service marks of Party
Heroes Ltd. Party Heroes Ltd's
trademarks and service marks may not be used in connection with any product or
service that is likely to cause confusion among customers, or in any way
disparages or discredits Party Heroes Ltd. All other trademarks, service marks, product names, company names and
logos appearing on this Internet site are the property of their respective
owners.
Submissions
By
submitting your ideas, suggestions, and materials to Party Heroes Ltd you grant
Party Heroes Ltd a royalty-free, license to use, publish, display and communicate to
the public your submissions, in whole or part, worldwide and to incorporate your
submissions in other products or services without any notice or compensation to
you.
Health & Safety
All products sold by Party
Heroes Ltd comply with the European Toy Safety Regulations and where appropriate
bear the CE mark. The use of any product should be supervised at all times by an
adult. The buyer shall be responsible for ensuing that all statutory, government
or local authority regulations are complied with in relation to the use of any
products purchased from Party Heroes Ltd.
Changes
in Specification
Party Heroes Ltd reserves the
right to make changes at any time and without notice in the materials,
dimensions, colours and design of its products and such changes shall not affect
the validity of any contract with the buyer, provided that such variations and
modification do not adversely affect in any material way the performance of the
products or the quality of workmanship or of materials used. Where there has been a material change to any product ordered
by the buyer, Party Heroes Ltd will endeavor to supply the buyer with a product
that is identical to that ordered or a product that is as far as is possible
similar to that ordered.
The buyer has the option to
accept or decline any replacement with a full refund given if any replacement is
unacceptable.
Prices
The price of products confirmed at the point of purchase will remain fixed
during the transaction.
All prices quoted on the site
are subject to alterations (without notice) to take account of fluctuations in the
cost of labour and materials and of alterations in rates of exchange and import
duty, which may occur in the course of manufacturing the products.
Party Heroes Ltd shall be entitled to adjust the price to take account of any
delay on the part of the buyer in supplying information required to complete his/her
order or of any alteration made by the buyer to the specifications or other
information supplied by the buyer.
Export
Licenses
Where products are to be
exported to countries that require an export licence, it is the sole
responsibility of the buyer, whether by himself or by an export agent instructed
by the buyer, to obtain all necessary clearance/s. Party Heroes Ltd cannot
provide replacement products or refunds in the event of export licences being
refused.
Title of Products
The full price for ordered
products must be paid and cleared prior to dispatch, unless previous
arrangements have been made. .
In the event of a failure by the
buyer to pay for the products, then title to the products shall remain with
Party Heroes Ltd until such time as payment in full is received. Party Heroes
Ltd reserve the right to retake possession of the products in the event of
non-payment.
Any such products or part of
products so re-possessed may be re-sold without notice to the buyer and without
prejudice to our right to claim damages against the buyer for any losses or
expenses incurred, save that the proceeds of such sale shall be set off against
any sums due from the buyer in respect of the products.
Payment
The following methods are
available to pay for Party Heroes Ltd products:
i. On-line credit card transaction;
ii. Telephone credit card order; or
iii. Cheque or money order
In
each case Party Heroes Ltd will ensure that your order and any payment
information you provide is kept private and confidential. Party Heroes Ltd will
not retain any customer information beyond that reasonably necessary to confirm
your order, dispatch the products and trace the delivery. Party Heroes Ltd does
not supply customer information to third parties other than as specifically
stated herein (i.e. to enable the carrier to deliver the products).
Where
the buyer is using the on-line payment method, Party Heroes Ltd uses a recognised
online credit payment agency (WorldPay) who have secure server software encryption to keep
your transaction private and protected. At present, payment can only be made in
one of the following three currencies: Pounds Sterling; US Dollar, Euro. Paying by this method will require the
buyer to visit another website domain. Party Heroes Ltd accepts no
responsibility and shall not be liable for errors or omissions on the part of
the credit payment agency which result in the disclosure of confidential
information, loss, expense or damage howsoever arising to the buyer. It is the
responsibility of the buyer to read the terms of business of the credit payment
agency before using the service.
Delivery
and Risks
Delivery within the UK will normally be made within 4 to 5 working days of
dispatch. Party Heroes Ltd will normally dispatch an order within 48 hours of the order being confirmed and payment being received.
The
time for delivery
to Europe/United States/Canada will vary depending on the carriage company
used.
For
EC and overseas deliveries, the buyer is regarded as the importer of record. The
buyer may therefore be subject to additional charges duties and/or taxes, which
will be the sole responsibility of the buyer. Party Heroes Ltd is not
responsible for any additional cost or expense incurred by the buyer save as are
specifically included within the delivery charge or as otherwise provided for
herein.
Delivery
charge rates will vary from time to time.
Party
Heroes Ltd shall not be liable for delay or failure to deliver products promptly
if such failure arises due to unforeseen events such as strikes, riots, lockouts
or other labour trouble, war, fire, accident, mechanical failure,
non-availability to Party Heroes Ltd of manufactured stock, parts, or materials;
delay or failure of delivery of the products to Party Heroes Ltd by
manufacturers suppliers or other persons; government action, legislation or
regulation of any kind; Act of God, or any circumstances whatsoever outside our
reasonable control.
Party
Heroes Ltd does is not liable for any damage o loss of goods while in transit.
However, if you feel your goods have been damaged whilst in transit then please
contact Party Heroes Ltd, via e-mail, immediately after receipt of goods indicating what has happened.
We will review your e-mail and send replacement goods if it is deemed
that the damage has been caused by the transit company.
Cancellation of Orders & Returned Goods
If
you are not totally satisfied with your purchase for any reason, you have the
right to cancel your order within 7 working days from date of delivery for full
credit or refund less any applicable delivery charges. We require you to return
any such items in a pristine and saleable condition in their original packaging.
You will be wholly responsible for the return of the goods and any associated
costs of return.
On the receipt of the return
goods, Party Heroes Ltd will check their condition. If we find they are in a damaged or in any condition other than saleable,
we will return them to you and the cost of return carriage charged to your
account. Prior to returning any products, please contact us (within 7 days from
the date of delivery) and inform us of your intention to return the goods.
If you do not return goods within 7 days after you have
informed us that you wish to cancel your order, your right to cancel may be
revoked.
Governing
Law
The
construction, validity and performance of these Conditions of Sale and of any
agreement that exists between Party Heroes Ltd and the buyer shall be governed
in all respects by English Law. In any dispute with Party Heroes Ltd regarding
these Conditions of Sale or the supply of products to the buyer, the parties
shall submit to the jurisdiction of the English Courts.
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