Terms & Conditions
1.1 – The price quoted includes VAT (unless otherwise stated).
1.2 – The price quoted excludes delivery (unless otherwise stated).
1.3 – Rates of tax and duties will be those applying when your order is received.2.1 – You must ensure that your order:
2.1.1 – is made on our current order form, completed according to the instructions on the form;
2.1.2 – details all the specifications and information necessary to produce the goods which you require; and
2.1.3 – is accompanied by the correct payment.
2.2 – You may not alter your order after we have received it (except under clause 4).
2.3 - We may not always be able to accept your order(s) for (but not limited to) the following reasons:
2.3.1 - If we do not have the item(s) in stock
2.3.2 - Where we cannot obtain payment authorisation
2.3.3 - If there has been a pricing or product description error
2.3.4 - If the order has content which can be interpreted as that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience or encourage activities considered as a criminal offence.
3.1 – You must ensure that:
3.1.1 – your specifications are accurate;
3.1.2 – any material or image forming part of your specifications is of good quality and resolution;
3.1.3 – goods produced in accordance with your specifications will be fit for the purpose for which you intend to use them; and
3.1.4 – your specifications will not result in the infringement of any rights of a third party or the commission of a criminal offence.
5.1 – All delivery times quoted are estimates only.
5.2 – If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract, however:
5.2.1 – you may not cancel if we receive your notice after the goods have been despatched; and
5.2.2 – if you cancel the contract, you can have no further claim against us under that contract.
5.3 – If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the goods).
5.4 – We may deliver the goods in instalments. Each instalment is treated as a separate contract.
5.5 – Our party popper items cannot be shipped outside of mainland UK, this is due to shipping restrictions that are beyond our control. Our apologies for the inconvenience.
Delivery and Risk
6.1 – The goods are at your risk from the time of delivery.
6.2 – Delivery takes place either:
6.2.1 – at our premises (if you are collecting them or arranging carriage); or
6.2.2 – at your premises (if we are arranging carriage).
6.3 – You must inspect the goods on delivery. If any goods are damaged (or not delivered), you must write to tell us within 14 working days of delivery (or the expected delivery time). You must give us (and any carrier) a fair chance to inspect the damaged goods.
7.1 – You are to pay us in cash or cleared funds with your order.
7.2 – If you fail to pay us in full on the due date:
7.2.1 – we may suspend or cancel future deliveries;
7.2.2 – we may cancel any discount offered to you;
7.3 – you must pay us interest at the rate equivalent to that set for the purposes of s6 of the Late Payment of Commercial Debts (Interest) Act 1998:
a. – calculated (on a daily basis) from the date of our invoice until payment;
b. – compounded on the first day of each calendar month; and
c. – before and after any judgement (unless the court orders otherwise).
7.4 – You may only set off money you claim from us against money you owe us with our written agreement and on such terms as we may state.
7.5 – While you owe money to us, we have a right to keep any property we may hold of yours until you have paid us in full (a lien).
7.6 – You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including finance costs and legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.
8.1 – We warrant that the goods:
8.1.1 – comply with their description on our acknowledgement of order form; and
8.1.2 – are free from material defect at the time of delivery (as long as you comply with clause 6.3).
8.2 – Your statutory consumer rights are unaffected.
8.3 – We reserve the right to make any changes in the specifications of our goods, which are necessary to ensure they conform with any applicable safety or other statutory requirements.
8.4 – If you believe that we have delivered goods, which are defective in material or workmanship, you must:
8.5. – inform us (in writing), with full details, as soon as possible; and
8.5.1 – allow us to investigate (we may need access to your premises and product samples).
8.6 – If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions (in clause 6.3) in full, we will (at our option) replace the goods or refund the price.
8.7 – We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent.
8.8 – Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to £10,000,000.
8.9 – For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.
8.10 – Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.
9.1 – We may require you to pay us a refundable cash deposit before supplying you with samples or brochures.
9.2 – If we supply you with samples or brochure you must return them to us on demand:
9.2.1 – at your expense; and
9.2.2 – in the condition in which you received them.
Return of Goods
10.1 –We will accept the return of goods from you only:
10.1.1 – by prior arrangement (confirmed in writing);
10.1.2 – on payment of an agreed handling charge (unless the goods were defective when delivered) and
10.1.3 – where the goods are as fit for sale on their return as they were on delivery.
11.1 – If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) we may then hold (or to which we are committed) for the order.
11.2 – We may suspend or cancel the order, by written notice if:
11.2.1 – you fail to pay us any money when due (under the order or otherwise);
11.2.2 – you become insolvent;
11.2.3 – you fail to honour your obligations under these terms.
11.3 – You may not cancel the order unless we agree in writing.
Copyright & Misuse
12.1 - When uploading any images, the image will remain the copyright of the customer. It is the customer responsibility to ensure that any image used but not owned by the customer has the permission of the owner to use the image. We will not be held responsible for any copyright infringement by the customer.
12.2 - By using this website you are agreeing not to use it for any unlawful purpose. We have absolute dicretion for suspending or terminating your use of this website should we have any reason to believe that there is or is likely to be a breach of security or misuse of our website by you.
12.3 - We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of the law.
Waiver and Variation
13.1 – Any waiver or variation of these terms is binding in honour only unless:
13.1.1 – made (or recorded) in writing;
13.1.2 – signed on behalf of each party; and
13.1.3 – expressly stating an intention to vary these terms.
13.2 – All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.
14.1 – English law is applicable to any contract made under these terms. The English and Welsh courts have nonexclusive jurisdiction.
14.2 – If you are more than one person, each of you has joint and several obligations under these terms.
14.3 – If any of these terms are unenforceable as drafted:
14.3.1 – it will not affect the enforceability of any other of these terms; and
14.3.2 – if it would be enforceable if amended, it will be treated as so amended.
14.4 – We may treat you as insolvent if:
14.4.1 – you are unable to pay your debts as they fall due; or
14.4.2 – you (or any item of your property) becomes the subject of:
a. – any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy);
b. – any application or proposal for any formal insolvency procedure; or
c. – any application, procedure or proposal overseas with similar effect or purpose.
14.5 – No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
14.6 – The only statements upon which you may rely in making the contract with us are those made in writing by someone who is (or whom you reasonably believe to be) our authorised representative and either:
14.6.1 – contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or
14.6.2 – which expressly state that you may rely on them when entering into the contract.
14.7 – Nothing in these terms affects or limits our liability for fraudulent misrepresentation.