Terms & Conditions
TERMS OF SALE
Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
In these terms of sale, “we” means Nice Party (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(3) Order Process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must be an authorised member of Nice Party Direct, you must log in using the details we provided in order to see prices and place orders (ii)you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; (iii) you must select your preferred method of delivery and confirm your order and your consent to these terms of sale; (iv) you will be transferred to our secure payment site, and it will handle your payment; (v) we will then display an initial acknowledgement; and (vi) you will receive by email an order confirmation showing the items you have requested. We will then check we are able to supply the goods – if we are not able to supply any items, we will contact you as soon as possible to offer a refund or alternative (vii) We will then despatch the goods (At this point of the goods leaving our warehouse the contract is binding).
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by checking all the details on the “confirm order” screen. You may correct those input errors before placing your order by editing your basket or checkout details.
(4) The Products
Our products are a variety of consumer goods including, but not limited to, party supplies, giftware, soft toys and fancy dress costumes.
(5) Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. if this is the case you will be contacted as soon as possible after placing your order and we retain the right to request that you pay any difference in price. If you do not wish to pay the corrected price you can request that the item/order be cancelled.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product. Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable) unless specifically stated otherwise.
Payment for all products must be made by credit/debit card or PayPal.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
If you dispute any payment made to us, you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within  days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); and (iii) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).
Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a chargeback as a result, this will constitute an unjustified charge-back.
(6) Your warranties
You warrant to us that:
(a)you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b)the information provided in your order is accurate and complete;
(c)you will be able to accept delivery of the products.
(7) Delivery Policy
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 10 days of the later of receipt of payment and the date of our order confirmation.
Any damage to items in the delivery or missing items must be reported within 72 hours of receipt to enable us to investigate.
(8) Risk and ownership
The products will be at your risk from the time of delivery.
Ownership of the products will only pass to you upon the later of:
(a)delivery of the products; and
(b)receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
(9) Statutory Rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event; within 30 days of the day, we received your valid notice of cancellation.
(11) Limitations and exclusions of liability
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c)limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control. We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
(12) General Terms
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section : these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
(13) About Us
Our full name is Nice Party.
Our principal trading address is 238-240 Hessle Road, Hull HU3 3DB
Our email address is: Admin@niceparty.co.uk
(2) Licence to use the website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You must not: (a)republish material from this website (including republication on another website); (b)sell, rent or sub-license material from the website; (c)show any material from the website in public; (d)reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; (e)edit or otherwise modify any material on the website.
(3) Acceptable Use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
The advertising of products on our website constitutes an “invitation to treat” – not a contractual offer.
Prices stated on our website may be stated incorrectly.
The purchase of products via our website will be subject to our terms of sale.
We will ask you to agree to our terms of sale each time you purchase a product or products via our website.
(6) Limited warranties
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(7) Limitations and exclusions of liability
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
(a)send you one or more formal warnings;
(b)temporarily suspend your access to the website;
(c)permanently prohibit you from accessing the website;
(d)block computers using your IP address from accessing the website;
(e)contact your internet services provider and request that they block your access to the website;
(f)bring court proceedings against you for breach of contract or otherwise; and/or
(g)suspend and/or delete your account with the website.
(13) Exclusion of third-party rights
(14) Entire Agreement
(15) Law and jurisdiction
(16) Our Details
The full name of our company is Nice Party.
Our principal trading address is 238-240 Hessle Road, Hull HU3 3DB
Our email address is: Admin@niceparty.co.uk