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Terms & Conditions

STANDARD TERMS AND CONDITIONS

 

 A. GENERAL HIRING CONDITIONS

 

  1. All goods hired shall remain the property of Party Creations at all times.

 

  1. While Party Creations will make every effort to ensure that the hired goods are in good condition and is correct, the responsibility lies with the customer to check the goods before taking delivery thereof. The risk of the goods hired passes to the customer oncehe/she takes possession of it.

 

  1. While we undertake to remove all the hired materials, with the utmost care after the function (of which we cannot guarantee the exact time), we do not accept any responsibility for any losses or damages incurred while the hired materials are not in our possession. The client must be present or have a representative present to verify the correctness of the goods collected after the function, if not, the total goods recorded by the site manager from Party Creations will be deemed to be correct. The replacement cost of any damaged or lost goods will be for the clients account. We therefore strongly advise you to take out additional short-term insurance to cover any losses that may occur.

 

  1. All goods hired must be returned on the return date specified on or before 12.00 noon. Goods that are not returned on the said return date and time, daily charges will be levied for late returns.

 

  1. Any goods that are damaged or misplaced will be charged to the customer at replacement costs. These costs have to be settled within 7 days from invoice or an interest charge of 5% per week will be levied on this amount. These outstanding amounts, if not settled within 30 days, will result in the customer’s account being closed and handed over for collection. All costs arising thereof will be borne by the customer.

 

  1. No refunds will be allowed for any goods that were hired and not used.

 

  1. When goods are delivered but not set up, at the client’s request, such goods must be properly packed in the containers supplied and kept ready for collection. If not, a clearing charge will apply.

 

  1. In certain cases, products may not be available due to breakages or non-return from other clients. In such cases, a similar product of same or higher value will be replaced at management’s discretion.

 

  1. Certain products will only be delivered on the day of the function and cleared on the same day at the end of the function.

 

  1. These general terms and conditions (hereinafter: the general conditions) govern all contracts, supplies and other services agreed between the customer and Party Creations
  2. By placing an order, the customer agrees to be bound by these general conditions.
  3. Unless Party Creations has indicated otherwise in writing to the customer, the customer's own general terms and conditions shall not be accepted.

 

B. ENTERING INTO CONTRACT

 

  1. Party Creations shall confirm the customer's order by e-mail. A contract is created only when payment has been successfully made. Party Creations is entitled to refuse, or impose special conditions upon supply, subject to giving Party Creations a reason. If Party Creations is unable to clearly establish the customer's permanent or temporary delivery address, an order cannot be accepted.
  2. Order processes that for whatever reason have been technically or otherwise disrupted before the payment instructions have been completed are incomplete, even if the customer has received an order confirmation. Such an order will in principle therefore not be delivered. Party Creations shall endeavour, however, to contact the customer to complete the payment instructions so that delivery can be made.

 

  1. PRICES AND COSTS

 

  1. The contract price is the current price at the moment when an order is placed and confirmed with the online store. The prices of articles are quoted inclusive of VAT of 14% as charged in RSA.
  2. The prices quoted in the online store are exclusive of delivery charges.
  3. Party Creations is not bound by the terms of its offer in the event that there is any printing, typesetting or programming fault on its website.
  4. Coupons

        4.1       Coupons do not apply to shipping or VAT

        4.2       Coupon can only be used when the user is logged in

        4.3 Coupons can not be used in conjunction with special promotions (including sales)

        4.4 Coupons do not give change and can only be used once per purchase (unless states otherwise)

  1. Sale

        5.1 No returns are allowed on sale items

        5.2 No exchanges can be made on sale items


C. FULFILLING ORDERS

 

  1. Party Creations shall act with the greatest possible care in processing orders for articles.
  2. Articles shall be delivered to the address given by the customer to Party Creations.
  3. Party Creations shall dispatch accepted orders as quickly as possible in the sequence in which they are received and paid. All orders will be packed for dispatch within two working days.
  4. The online store indicated delivery term is approximate only and there is no right to compensation if actual delivery takes longer.
  5. Proof of identity will be requested on delivery of the goods by our chosen courier.


D. DELIVERY ERRORS

 

  1. If Party Creations delivers an article different from the one ordered, the customer must notify Party Creations at time of delivery, as specified on the packing slip/invoice enclosed with the article. All articles must be returned in the original packaging with the packing slip/invoice included. Party Creations shall reimburse the purchase price plus postage charge. Other queries, comments or complaints relating to an order, payment or delivery should be emailed to {insert email address} The email must contain the customer’s name, email address corresponding with that in the Party Creations records, the order ID included in the order confirmation and the article name.

             

  1. REFUND AND RETURN POLICY

 

  1. The provision of goods and services is subject to availability. In cases of unavailability, the provider will refund the client in full within 30 days from date of payment to Party Creations. Cancellation of orders by the client will attract a 20% charge for administration costs. The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the standards of Party Creations. Should Party Creations exercise this right, the User will receive a full refund with no deductions. Any complaints regarding the quality of the product or products bought by consumers through the e-commerce facility should be e-mailed to {insert email address}. All defective articles returned will be inspected by the Party Creations quality department. Should the article found to not be defective, no refund will be made by Party Creations and the cost of returning the articles will be for the customers account. We will not accept any return on products that were not purchased on www.partycreations.co.za.

 

E. Minimum age

 

  1. Orders can only be accepted from persons over the age of 18.

             

F. Payment

 

  1. The customer may pay by credit card or EFT. EFT's need to be made within 2 days of order placed.
  2. All payments must be made in accordance with the instructions shown on the pages of the online store.

             

G. Limitation of Liability

 

  1. The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Party Creations nor any holding company, affiliate or subsidiary of Party Creations, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Party Creations is expressly advised thereof.

 

H. Copyright and Intellectual Property Rights

 

  1. Party Creations provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Party Creations, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright of Party Creations, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. Party Creations reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content are reserved and retained by the Owners, except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

 

I. Updating of these Terms and Conditions

 

  1. Party Creations reserves the rights to change, modify, add or remove any of the Terms and Conditions from time to time. Changes will be effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website after the posting of updates will be considered notice of the User’s acceptance to abide by and be bound by the changes Terms and Conditions.


J. Privacy

 

  1. In placing an order, the customer grants Party Creations the right to use its personal details where necessary. These details will be kept only insofar as necessary to achieve the goals for which the details are obtained and processed by Party Creations, i.e. for performance of the contract, for marketing purposes and for maintaining contact with the customer.
  2. The personal details supplied by a customer will not be passed to any third party for commercial purposes without the customer's express consent. The customer is entitled to inspect and amend these details at any time.

             

K. Choice of Law

 

This Website is controlled, operated and administered by Party Creations. These Terms and Conditions shall be governed by the laws of the Republic of South Africa. The User consents to the jurisdiction of the Cape High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement Party Creations and the User with regard to the use of the Content and this Website.