TERMS AND CONDITIONS applicable to the sale of goods by Party Ark Limited (Party Ark).
We’ve worked hard to make our Terms and Conditions as clear as possible. When you purchase from Party Ark you enter into a contract and this document details our responsibilities to you. [Open in new window for printing.]
Orders/delivery requests placed by using this website, along with access to it, is granted strictly 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.
1. The Contract
The technical steps required to create the contract between you and us are as follows:
- You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
- We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance 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 will take 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 may be a 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
The price on the website at the time of the order is the price in force at that time. Prices include VAT where VAT is charged, and do not include VAT where VAT is not applicable. The price you see is the price you will pay. Prices do not include delivery.
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.
Party Ark has taken every care in the preparation of the content of this website. However, to the extent permitted by applicable law, Party Ark does not represent or warrant the accuracy or reliability of any of the information or content about any item sold through this website.
Party Ark reserves the right to adjust the price and specification of any item on the Website at its discretion and at any time, and to withdraw any product from the Website at any time, whether or not an order exists for such products.
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. Returns should be made within a reasonable time (usually 28 days) and in original, undamaged packaging.
We will refund the price of the item to you once it is received by us. A refund of the delivery charge will be given in the instance of incorrect, damaged or faulty goods, or where a product has been misrepresented or substantially incorrectly described. Any refund arising because of incorrect, damaged or faulty goods, or where a product has been misrepresented or substantially incorrectly described, is limited to the amount the product was sold for.
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 entirity of your order, we will refund you for those we're not able to provide. Party Ark may cancel the Contract for the sale if it has 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, or an error in pricing information received by Party Ark from its suppliers. If Party Ark does cancel any Contract it will credit any payment made. We will not be obliged to offer any additional compensation over the price paid.
4. Limitation of Liability
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.
In particular, for non-guaranteed 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. We will 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 endeavour 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.
Furthermore, 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
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Party Ark and you are expected to do. You confirm that these Conditions supersede any others that may have been implied.
If any part of the Conditions shall be deemed invalid, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Each provision of the 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.
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.
Party Ark shall be entitled to change these Terms and Conditions at any time.
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.