These clauses set out the terms and conditions on which you make use of the Truly Scrumptious Party Bags website (the “Website”). Please read these terms and conditions carefully (and the website sections referred to in them) and check them each time you order from our Website as we do sometimes change these. By accessing this Website and/or placing an order you confirm that you have read, understood and agree to these terms and conditions in their entirety. If you do not agree to be bound by these terms and conditions, you must not place an order, use this Website or specify otherwise.
The Website is operated by Truly Scrumptious Party Bags (‘we” and “us”)
‘Buyer’ means the party contracting with the ‘seller’ to acquire the products.
‘Seller’ means Truly Scrumptious Party Bags.
Truly Scrumptious Party Bags and logo are registered trademarks (pending). Unless otherwise stated, all rights including copyright, design rights and other intellectual property rights for all material on this Website is owned or licensed by Truly Scrumptious Party Bags. Any use of the Website, its contents, images or designs (including reproduction, copying, modification, adaptation or derivatives) for commercial use is strictly prohibited without our prior written permission from Truly Scrumptious Party Bags.
On the placement of an order or the request for a sample product, the buyer agrees with the seller that they will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble any designs and concepts proposed or produced by the seller. Nor will the buyer use the products in conjunction with any other commercial use, social media and/or marketing without prior written permission from Truly Scrumptious Party Bags.
Truly Scrumptious Party Bags take any infringement of these intellectual clauses very seriously and will take necessary legal action.
You can order from the Website through our online checkout process. Once we have received your order you will receive a PayPal payment confirmation email detailing the products you have ordered. It is your responsibility to check the order details and advise us immediately of any errors or admissions. This is important as all our products are made to order and at times personalised on the request of the buyer.
Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the products ordered.
If we cannot accept your order, we will inform you of this promptly by email. This may occur for any one or more of the following reasons:-
- Goods are no longer available
- The proposed delivery date is unachievable
- There is a pricing or other error in the order
- Payment cannot be authorised
- Your order for personalised products contains content, which is unclear, in which case we may contact you for clarification.
Payment And Security
Card payments can be made by Visa, Visa Debit, Visa Electron, and Mastercard and are processed security through our payment facilities provided by PayPal. We are committed to ensuring that your information is secure in so far as it is in our power to do so. Please see our Policies & Disclaimers section.
Delivery and Pricing
We use Royal Mail; First Class or Recorded Next Day Delivery to deliver our orders. Delivery times can vary depending on your choice of postage when you place your order. We cannot accept liability or costs incurred due to failed or delayed deliveries that are caused by third parties or circumstances that are beyond our control.
Delivery will be to the address you have specified in your order. If any details are incorrect, we cannot be liable for any products not received. Please note we deliver outside of the UK, however this service will incur additional charges.
It may be necessary to change product prices from time to time, including as a result of any changes in the rate of VAT. Any price changes will be updated on our Website as soon
as possible and confirmed to you when you order.
Some of our products are personalised and tailored to specific requirements. It is your responsibility to check your order details and advise us immediately of any errors or admissions (including spelling mistakes) as we aim to begin production of the products soon after orders have been received. We cannot accept cancellations on orders that have been started, misspelt or misaddressed.
Return of Products
If you need to make a return due to a fault with the product you must email us advising the nature of your return and return the products in an unused state, using Royal Mail delivery.
We take great care to ensure that all product details, prices and images are correct on the Website. Whilst all reasonable efforts have been made to portray our products accurately, variations may occur and we cannot guarantee that any given image will reflect the full design options related to that product. All measurements are approximate and product colour(s) can differ slightly from those displayed on your computer screen.
Rights of Third Parties & Links To Other Websites
You may not assign or sub-contract any of your rights or obligations under these terms and conditions to any third party without our prior written consent. No third party shall be entitled to enforce any of these terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. We may assign, transfer or sub-contract any of our rights or obligations under these terms and conditions to any third party at our discretion.
This Website may from time to time contain links to other websites for your information. If you use these links and leave this website we take no responsibility for the content of these sites and you do so entirely at your own risk. Any link on our Website does not imply our endorsement or support for the third-party website or any materials found on there.
Liability And Disclaimers
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products.
We shall not be liable for any indirect losses you may suffer, including any loss of profit, income or anticipated savings, any loss of goodwill or reputation arising from products we have supplied or as a result of failure to comply with these terms and conditions or our negligence. Save that our liability in respect of any death or personal injury caused by our negligence (or that of our servants, agents or employees) shall not in any way be restricted.
We endeavor to ensure all information on our Website is correct; however, we make no warranties, whether express or implied as to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranty that it will meet your requirements, be fully functional or reliable. While we make every effort to ensure that the site or server that makes this Website available is free of viruses or bugs, we make no guarantee that this is the case, and we will not be liable for any damage to computer or electronic equipment that arises in connection with your use of our Website or any loss of content or material uploaded or transmitted through the Website.
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website. We reserve the right to modify or withdraw this Website or any part of it at any time.
If any court of competent jurisdiction deems part of these terms and conditions to be unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these terms and conditions but shall not affect the validity and enforceability of any of the remaining parts of the terms and conditions.
No delay or failure by us to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver is only effective is it is communicated to you in writing by us, and will only apply at that point in time and in the circumstances for which it is given.
Events Beyond Our Control
We will not be held responsible for any delay or failure to comply with our obligations under these terms and conditions if the delay or failure is caused by circumstances beyond our control.
These terms and conditions including the documents / Website sections referred to in them constitute the entire agreement between you and us relating to the use of this Website (and the ordering of products) and cancels and supersedes all prior representations, understandings and agreements between you and us whether verbal or written. Any changes to these terms and conditions must be in writing and signed by both parties.
Law And Jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law. In the event of any dispute you irrevocably submit to the exclusive jurisdiction of the courts of England.