Terms and Conditions
By using our (“Spooky Party Shop”) website, placing an order for goods and/or registering as a member of our website you confirm your agreement to our terms and conditions, including the Privacy Policy, as set out below:
Conditions
1. An order for goods placed by you, the buyer through our website shall be subject to these terms and conditions
2. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
3. Nothing in these terms and conditions shall affect the statutory rights of any consumer
4. In these Terms and Conditions of Sale and Privacy Policy references to ‘us’ or ‘our’ shall mean E2E Retail Ltd trading as Spooky Party Shop (Reg. No. 6906859), 13 Ensign Business Centre, Westwood Way, Coventry CV4 8JA
Orders
5. All orders for goods shall be deemed to be an offer by you, the buyer, to purchase goods pursuant to these terms and conditions
6. You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly
7. No order submitted by you, the buyer, shall be deemed to be accepted by us unless and until we confirm acceptance of the your order by e-mail (where applicable) or by telephone
8. We are entitled to refuse any order placed by you and will not be required to provide an explanation
Goods
9. The goods may differ slightly from the images shown
10. Save in relation to the Sample Service (see clause 11 below) we reserve the right to substitute products of a similar description and standard if the requested goods are not available but will use reasonable endeavours to match your order exactly. See your rights as to Cancellation and Return in clause 25 onwards.
Price and Payment
11. The price of the goods will be the price quoted on the website at the date the order is received and will include VAT and delivery in the United Kingdom unless specified otherwise
12. We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of the goods to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture)
13. In the unlikely event of there being such an increase in the price of the goods you, the buyer, shall be entitled to cancel the order at any time before delivery (see clause 26 onwards)
14. For deliveries outside the United Kingdom please request a shipping quote from sales@spookypartyshop.co.uk prior to making your order
Payment
15. When we provide any goods to you, the buyer, under these terms and conditions, payment will be charged to the credit card account provided by you on the website order form
16. By placing an order, you, the buyer, consent to payment being charged to your credit card account as provided on the order form
17. Title to the goods will pass to you, the buyer, on payment in full of the price of the goods
18. We will issue you with an electronic receipt to your email address once the goods have been dispatched and will provide you with details of the courier and a tracking number if applicable
Delivery
19. The goods will be delivered to you, the buyer, at the address provided by you on the order form.
20. The risk in the goods shall pass to you upon such delivery taking place
21. Any dates quoted for delivery of the goods are approximate only and we shall not be liable for any delay in delivery of the goods however caused. If however we are unable to deliver your goods by the date quoted for delivery you, the buyer shall be entitled to cancel the order at any time before delivery takes place (see clause 23 onwards)
22. We shall not be liable to you, the buyer, for short delivery of the goods however caused but will provide you with the outstanding goods as soon as is reasonably practical. If however we have not delivered the outstanding goods within 7 days from the first date of delivery you, the buyer, shall be entitled to cancel the order for the outstanding goods (see clause 23 onwards)
Cancellation of the Order/Return of goods/Defective Goods
23. If you are within the EU and are a consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) then in accordance with the Consumer Protection (Distance Selling) Regulations 2000:
(a) If at any time after making your order you wish to cancel it please notify us by email that you wish to cancel.
(b) If your order has already been dispatched then you can still cancel your order but you must notify us of your wish to cancel by email within 10 working days from the date you receive the goods.
(c) We will confirm your cancellation and, if the goods have already been dispatched or delivered, provide you with a [Return Form] which you will complete and enclose with the returned goods in their original condition.
(d) Save a provided in (g) below, you are responsible for the costs of the return postage and are under a duty to take reasonable care of the goods while they are in your possession and ensure that the returned goods are received by us undamaged.
(e) We will refund you in full within 30 days of the date you cancel the order.
(f) The right of cancellation in paragraph 26(a) above does not apply where: the goods have been made to your design or specification.
(g) Where the goods are being returned as they are faulty or do not comply with the contract then we will pay your return postage.
Your Warranty
25. You, the buyer, warrant that all details provided on the order form for the purpose of purchasing the goods are correct, that the credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the goods
LIMITATION OF LIABILITY
26. We will use all reasonable endeavours to carry out its obligations within a reasonable period of time but will not be liable to you, the buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:
26.1.1 Act of God, explosion, flood, tempest, fire or accident;
26.1.2 War or threat of war, sabotage, civil disturbance or requisition;
26.1.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
26.1.4 Import or export regulations or embargoes;
26.1.5 Strikes, lock outs or other industrial actions or trade disputes;
26.1.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
26.1.7 Power failure or breakdown in machinery
If we are prevented from carrying out is obligations in the above circumstances, it will notify you in writing. If we are still prevented from carrying out its obligations 3 weeks from the dated such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform
27. Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods
28. Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.
Intellectual Property
29. The copyright in the products and material contained in this website and any trademarks and brands included in that material belongs to E2E Retail Ltd or its licensors
30. You may download or copy the content and other down-loadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited
Website
31. We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these
32. All drawings, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of the goods
33. We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability
General
34. We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website
35. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected
36. English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts
37. The headings in this Agreement are for convenience only and will not affect their interpretation
Queries and Complaints
38. We aim to respond to e-mails enquiries within 24hrs. Our Customer Services can answer your telephone queries Monday to Friday between 9.30am and 4.00pm
39. In respect of complaints, we will consider the nature of the complaint and will contact you within 21 days of the complaint giving you the result of the enquiries and what we propose should be done
Spooky Party Shop Privacy Policy
Spooky Party Shop Shop is committed to ensuring that your privacy is protected. This privacy policy explains how we use the information we collect about you, how you can instruct us if you prefer to limit the use of that information and procedures that we have in place to safeguard your privacy.
1. The information we collect and how we use it
When you register for our service we need to know your name, postal address, e-mail address, telephone number, credit/debit card number and expiry date where payment is to be by credit/debit card.
We gather this information to allow us to process and fulfill your order.
The relevant information is then used by us, our agents, trusted third parties and sub-contractors to provide you with the products.
2. Our website privacy policy
We do not use our website to gather any personal information. Our website is for your information only. We do not use electronic cookies on our website to gather any personal information however we may monitor website usage in order to help us develop the website and our services and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual and no personal information shall be retained or stored on our website.
From time to time we may provide your information to our customer service agencies for research and analysis purposes so that we can monitor and improve the services which we provide. We or our agents, trusted third parties and sub-contractors may contact you by post, e-mail or telephone on our services.
We may also wish to provide you with information about special features of our website or any other service or products we think may be of interest to you. If you would rather not receive this information, please send an e-mail message to sales@spookypartyshop.co.uk.
3. How we protect your information
Notwithstanding the information which pass to our agents, trusted third parties and sub-contractors in order to fulfill your order, we keep your information confidential. The internal procedures of Bath & Body Shop cover the storage, access and disclosure of your information and all orders are taken from you using 128 bit SSL encryption technology.
4. Sale of business
If this business is sold or integrated with another business your details will not be disclosed to our advisers and any prospective purchasers and their advisers and will not be passed on to the new owners of the business.
5. Updating your details
If any of the information that you have provided to Spooky Party Shop changes, for example if you change your e-mail address, name or payment details or if you wish to cancel your registration, please let us know the correct details by sending an e-mail to sales@spookypartyshop.co.uk
6. Your consent
By submitting your information you consent to the use of that information as set out in this policy. If we change our privacy policy we will post the changes on our website and communicate the changes to you in writing. We will contact you should we make any changes so that you may consent to our use of your information in that way. Continued use of the service will signify that you agree to any such changes.
7. How to contact Spooky Party Shop
If you would like to contact us with any queries or comments please send an e-mail to sales@spookypartyshop.co.uk or by sending a letter to Spooky Party Shop 13 Ensign Business Centre, Westwood Way, Coventry CV4 8JA or by telephone 02476 99 11 33