TERMS AND CONDITIONS of sale by Party Ark Limited (Party Ark).
When you purchase from Party Ark you enter into a contract and this document details our responsibilities to you.
Orders and delivery requests are granted in accordance with these Terms and Conditions. Please read these Terms and Conditions carefully and print and keep a copy of them for your reference. We adhere to the best practises outlined in the Consumer Contracts Regulation; a good summary is here.
1. The Contract
The steps required to create the contract between you and ourselves are as follows:
- You place your order with us by pressing the confirm order button at the end of the checkout process. We will guide you through the process of placing an order by a series of simple instructions.
- We will send to you an order acknowledgement email detailing the products you have ordered. This is not yet an order confirmation from Party Ark.
- As your product is shipped from our warehouse we will send you a dispatch confirmation email.
- Order acceptance and the completion of the contract between you and us takes place on the dispatch to you of the products ordered unless we have notified you that we do not accept your order, or you have cancelled it.
Non-acceptance of an order is very rare, typically the result of one of the following:
- The product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.
2. Prices and Descriptions of Products
Prices include VAT where VAT is charged, and do not include VAT where VAT is not applicable. There are no 'hidden charges' - the price you see is the price you'll pay. Prices do not include delivery.
We have taken every care in the preparation of the content of our website. However, because we're often relying on our wholesaler's information, we cannot represent or warrant the accuracy or reliability of any of the information or content about any item sold through this website.
All payment is made in British Pounds Sterling. Your bank may impose charges for currency conversion if you do not hold funds in Pounds Sterling, and you may also be liable to import duty or tax which you will need to pay in addition.
Occasionally, we may have to withdraw a product from the site, whether or not an order exists for such a product.
3. Returns and Refunds
We hope you will be pleased with your purchase. Should you wish to return anything bought from us, we will be happy to refund or exchange a product provided it is in fully saleable condition. You are responsible for returning the goods, and returns should be made within a reasonable time (14 days but please ask if you require longer) and in original, undamaged packaging. You can also deliver back to the warehouse in person.
We will refund the price of the item to you once it is received by us. A refund of the delivery charge can be given only if we've sent you incorrect, damaged or faulty goods, or where a product has been substantially incorrectly described. Any refund arising is limited to the amount the product was sold for, and any refund for delivery will be the standard cost for delivery.
We make every effort not to list items that are out of stock. However, if an item is out of stock, or we are unable to fulfil the entirety of your order, we will refund you for those products we're not able to provide. Exceptionally, we may cancel the contract for the sale we have insufficient stock to deliver goods, or the buyer's delivery address is a location to which Party Ark does not deliver, or if one or more of the products you order was listed at an incorrect price due to an error by ourselves or our suppliers. If we do cancel any contract we will, of course, credit any payment made by you. But we will not be obliged to offer any additional compensation over the price paid.
4. Limitation of Liability
For non-tracked postage (Royal Mail 1st class, 2nd class etc) we cannot accept claims for non-delivery until fifteen days after postage. Next Day delivery means next working day after dispatch of your goods. During working days, we always endeavour to dispatch goods the same day if the order is placed before 1pm. Orders placed after the cut-off time will not be dispatched until the following working day at the earliest. Extraordinarily, Party Ark reserves the right to delay dispatching any order, however we will always attempt to contact you if this is the case.
If Next Day delivery is not delivered the next working day following dispatch, you'll be entitled to a refund of the difference in cost between what you have paid and the Party Ark rate for Royal Mail 1st Class delivery. These terms are applicable to all services described as Next Day; any time or date specified is the target set by the delivery company and do not constitute a guarantee. Working days are days other than weekends and public holidays.
Party Ark shall not be liable in any way for any loss or damage arising directly or indirectly as a result of delivery of the goods being prevented or delayed, incorrectly described, or any other of its obligations not being performed for reasons beyond the control of Party Ark, or any acts of third parties.
To the fullest extent permitted by applicable laws, Party Ark hereby excludes liability for any claims, losses, demands, or damages of any kind whatsoever with respect to the website or any item sold through this website including, without limitation, direct, indirect, incidental, or consequential losses, or damages, whether arising from loss of profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to Party Ark. The foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise. This section does not include or limit in any way our liability for any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
5. Entire Agreement
Each provision of these conditions shall be accepted as separately applying even if for any reason one or other of those provisions is held to be inapplicable or unenforceable. From time to time we may update these Terms and Conditions. The conditions shall be governed by and construed in accordance with the laws of England and you accept the exclusive jurisdiction of the courts of England with respect to the Conditions.
The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.