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The Legal Stuff
TERMS AND CONDITIONSWelcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions, which together with our privacy policy govern Emporium Parties' relationship with you. The term "Emporium Parties" or "us" or "we" refers to the owner of the website whose registered office address is Emporium Parties Ltd, Hale Cottage, Main Road, Sellindge, Kent, TN25 6EQ registered in England No.07004206 . The term "you" refers to the user or viewer of this website. 1. Website Usage 1.1 The content of the pages of this website is for your general information and use only. It is subject to change without notice. 1.2 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. 1.3 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. 1.4 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. 1.5 Trade Marks All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
1.6 Unauthorised Use Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
1.7 External Links From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this website from another website or document without Emporium Parties prior written consent. TERMS AND CONDITIONS OF SALE OF EMPORIUM PARTIES 1 DEFINITIONS 1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier; 1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977; 1.3 "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions; 1.4 "Goods" means the articles that the Buyer agrees to buy from the Supplier; 1.5 "Services" means the services that the Buyer agrees to buy from the Supplier; 1.6 "Supplier" means Emporium Parties Ltd of Registered Office Hale Cottage, Main Road, Sellindge, Kent, TN25 6EQ 1.7 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier; 1.8 "Website" means this and any other website that is owned or registered to us. 2 CONDITIONS 2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer. 2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer. 2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions. 2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier. 2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement. 2.6 Any complaints should be addressed to the Supplier's address stated in clause 1.6. 3 ORDERING 3.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason. 3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days. 3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website. 4 PRICE AND PAYMENT 4.1 The price of the Goods and/or Services shall be that stipulated on the Website. The price is inclusive of VAT. Where applicable, the price excludes delivery charges. 4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order. 4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer. 4.4 Payment of the price plus VAT and delivery charges, if applicable, must be made before goods/services are dispatched. 4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received. 4.6 Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8.00% per annum above the base rate of other... from time to time in force. 4.7 Currency accepted is UK pounds sterling GBP 4.8 Our online payment system is by HSBC secure e payments which is safe and secure and uses secure server software encryption to keep your transaction private and protected. We accept: ~ Visa ~ MasterCard ~ Switch ~ Electron ~ SOLO ~ Maestro 5 PERFORMANCE OF SERVICES 5.1 The Supplier shall begin to perform the Services order dispatched within 2 working days. Working days are Monday-Friday except for national and public holidays. 5.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible. 6 RIGHTS OF SUPPLIER 6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order. 6.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time. 6.3 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order. 7 AGE OF CONSENT 7.1 Where Goods and/or Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods and/or Services. 7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice. 8 DELIVERY 8.1 Goods supplied within the UK will normally be delivered within 7 working days of acceptance of order by Royal Mail. Orders are dispatched using a combination of Royal Mail and Parcel Force services. Whilst Emporium Parties makes every effort to dispatch your order as quickly as possible, we regret that we cannot held responsible for late delivery of goods caused by the manufacturer, courier or any other third party. 8.2 Goods are not supplied outside the UK unless special arrangements are made with the Supplier. 8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund. 8.4 The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. 8.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. 8.6 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted. 8.7 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full. 9 CANCELLATION AND RETURN 9.1 The Buyer may cancel any order for Goods for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days. The Buyer may cancel any Contract for Services at any time before seven working days has passed from the day after the Contract was made and any payments made by the Buyer shall be refunded in full within 28 days. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost. 9.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Supplier by telephoning on 01303 892684 or email info@emporium-parties.co.uk or write within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. 9.3 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Supplier within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective. 9.4 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract for Goods and receive a refund by informing the Supplier telephoning 01303 892684 within 7 working days of receipt of the Goods. The right to cancel does not apply to contracts for the supply of software, audio or visual recordings if these have been unsealed by the Consumer. 9.5 Goods must be returned by the Buyer at the Buyer’s expense within 28 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges. If the Buyer fails to return the Goods following cancellation, the Supplier shall be entitled to deduct the cost of recovering the Goods from the Buyer. 9.6 Goods to be returned must clearly show the order number obtained from the Supplier on the package. 9.7 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage. 10 LIMITATION OF LIABILITY 10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever. 10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees. 11 WAIVER No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future. 12 FORCE MAJEURE The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations. 13 SEVERANCE If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated. 14 CHANGES TO TERMS AND CONDITIONS The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase. 15 GOVERNING LAW AND JURISDICTION These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
This Privacy Policy sets out how Emporium Parties uses and protects any information that you give Emporium Parties when you use this website. Emporium Parties is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Emporium Parties may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 18.10.07. Our Commitment to Privacy Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested. The Information We Collect This notice applies to all information collected or submitted on this website. On some pages, you may be able to order products and make requests. The types of personal information collected at these pages are: Name Address Email Address Phone Number
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law.
The information We Don't Collect
Credit/debit card information
The Way We Use Information
We use the information you provide about yourself when placing an order only to complete that order or service. We do not share this information with outside parties except to the extent necessary to complete that order or service.
We use the information that you provide about someone else when placing an order or service only to ship the product or service and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order or service.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Prize Draws And CompetitionsFrom time to time, we may run prize draws and competitions on this Website and we may also contact you to let you know that such prize draws and competitions are available to enter. Entry to these prize draws and competitions is entirely voluntary and you are under no obligation to enter. Should you choose to enter, we recommend that you read and print out the terms and conditions of the prize draw or competition in question, as these may include additional information about how we may use your data in relation to that particular prize draw or competition. Should you choose to enter, you may rest assured that we will treat any personal information that you provide to us with the same high standards as all other personal information.
Links to Other Websites
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Our Commitment to Data Security
To prevent unauthorised access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Our Commitment to Children's Privacy
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13.
How to Contact Us
Should you have other questions or concerns about this privacy policy, please contact us
Copyright Notice Effective 1 Jan 2007 This website and its content including design, text, graphics, applications, underlying source code and all other aspects are copyright of Emporium Parties © 2004-2009. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:-
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. For rights clearance, please contact us here TradeMarks TradeMarks are covered in the Terms and Conditions section. Please see also our Privacy Policy
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