Party Chest Ltd Terms and Conditions

Party Chest Limited - Terms and Conditions for Sale of Service

1. Application

These Terms and Conditions will apply to the purchase of the Service, by you (the Customer or you) from Party Chest Limited of 49 Whitegate Drive, Blackpool, FY3 9DG incorporated in England with the registration number 11044770 and the email address info@partychest.co.uk (the Supplier or us or we).

These are the terms on which we sell the Service to you. By ordering the Service, you agree to be bound by these Terms and Conditions.

2. Definitions and Interpretation

In these Conditions the following definitions apply:

Booking Confirmation	means the email which the Supplier sends to the Customer confirming the Booking.
Business Day	means a day other than a Saturday, Sunday or bank or public holiday when banks generally are open for non-automated business in England.
Collection Address	means the address the Hire Kit will be collected.
Collection Company	means the company who will collect the Hire Kit.
Companies	means the companies including but not limited to: LEGO, Fisher-Price Inc, Atari Interactive, Nintendo Co. Ltd, Sega Games Co. Limited and Sony Interactive Entertainment Inc. whose products are provided as part of the Services.
Conditions	means the Supplier’s terms and conditions of sale set out in this document.
Confidential Information	means all information of confidential nature disclosed in whatever form by the Customer to the Supplier.
Contract	means the agreement between the Supplier and the Customer for the sale and purchase of the Service incorporating these Conditions.
Customer	means the person who purchases the Service from the Supplier and whose details are set out in these Conditions.
Delivery Address	means the address the Order will be delivered to.
Delivery Company	means the company who will deliver the Order to the Customer.
Delivery Date	means the date the Order will be delivered.
Deposit	means 50% of the Price.
Experience	means the content of the Order supplied for the length of time between the Delivery Date and Return Date that the Customer can use the Hire Kit.
Force Majeure	means an event or sequence of events beyond a party’s reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster; epidemic or pandemic; war, riot or civil unrest; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; or material required for performance of the Contract; strike, lockout or boycott or other industrial action including strikes or other industrial disputes involving the Supplier’s or its suppliers’ workforce, but excluding the Customer’s inability to pay or circumstances resulting in the Customer’s inability to pay.
Guidelines	means the health and safety and user instructions included within the Hire Kit.
Hire Kit	means the items in the Order which must be returned to the Supplier after the Experience.
Intellectual Property Rights	means copyright, patents, know-how, trade secrets, trademarks, trade names, design rights, rights in get-up, rights in goodwill, rights in confidential information, rights to sue for passing off, domain names and all similar rights.
Order	means the Customer’s order
Party Goods	means the party goods which the Customer can purchase and keep as part of the Services
Payment Date	means the date when payment is due in full (6 weeks before the Delivery Date)
Personal Information	means any information relating to a living individual who can be identified, directly or indirectly, in particular by reference to: (a) an identifier such as a name, an identification number, location data or an online identifier, or (b) one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.
Price	means the total amount payable
Return Address	means Party Chest Limited, 73 Victoria Road East, Thornton Cleveleys, FY5 5BU
Return Date	means the date the Hire Kit must be returned to the Supplier
Services	means the services agreed between the Supplier and the Customer which may consist of the supply of Hire Kit and / or Party Goods as part of the Order.
Streaming	means the music streaming service included as part of the Service.
Supplier	means the person who sells the Service to the Customer and whose details are set out in these Conditions.
Supplier’s Standard	means that the Hire Kit should be returned to the Supplier: • in good condition; • within the weight allowance; • with a completed returns delivery checklist;
Website	means the Supplier’s website: www.partychest.co.uk

 

3. Booking

3.1 The Customer can pay 100% of Order or can pay Deposit if the Delivery Date is over 6 weeks from time of Booking.

3.2 Payment of the Booking Fee:

3.2.1 is the Customer’s acceptance of these Conditions; and

3.2.2 guarantees Delivery.

4. Service

4.1 The Service will be provided in accordance with the Order.

4.2 The option to upgrade the Order is available subject to an additional fee.

4.3 Should the Customer wish to downgrade the Order, the difference in the Price is non-refundable.

5. Payment

5.1 If Customer pays Deposit, the balance of the Price is to be paid no later than the Payment Date.

5.2 Card Payment and PayPal Payment is acceptable.

5.3 The Order will not be delivered until all payments have been received in full.

5.4 Where payment is to be made by a third party, the Customer acknowledges that they shall remain responsible for any balance outstanding in respect of the Contract. 

5.5 Failure to make payment by the Payment Date may result in cancellation. Late payments or returned cheques will attract an administration charge of £50.

5.6 Where any sums due under this Contract are not paid in full by the Payment Date, We may:

5.6.1 charge interest, without limiting our other rights; 

5.6.2 interest shall accrue on a daily basis and apply from the Payment Date until actual payment in full, whether before or after judgment.

6. Delivery

6.1 The Order will be delivered in accordance with Order.

6.2 Delivery will be deemed to have been successful if the Customer fails to notify the Supplier of no delivery within 1 Business Day.

6.3 In the event that the Customer fails to be available for return collection, they will be charged a £40 per day fee.

7. Party Goods

7.1 The risk arising from damage to, or loss of, the Party Goods will pass to you when the Party Goods are delivered.

7.2 Title to the Party Goods shall pass to the Customer once the Supplier has received payment in full and in cleared funds for all Party Goods under all Orders.

7.3 The Supplier warrants that the Party Goods shall:

7.3.1 conform in all material respects to the Order; and

7.3.2 be of a satisfactory quality.

7.4 The Customer may return any Party Goods that do not comply with the warranties specified in clause 7.3 above on the condition that the Customer must first send an e-mail to info@partychest.co.uk with:

7.4.1 a copy of the Order;

7.4.2 the Customer’s contact telephone number;

7.4.3 the Customer’s reasons for returning the Party Goods.

7.5 The Customer should send Party Goods to be returned to the Return Address.

7.6 Returns are to be paid for by the Customer.

8. Hire Kit

8.1 Hire Kit is to be handled with care.

8.2 Hire Kit must meet the Supplier’s Standard when returned to the Supplier.

8.3 Should the Customer fail to comply with clause 8.2, the charges set out in Schedule 1 will apply. If the Customer fails to comply with clause 8.2 and fails to pay charges set out in Schedule 1 then the rights of the Customer may be assigned to a third party.

8.4 Hire Kit will be collected in accordance with Order.

9. Hire Kit Accidental Damage Cover

9.1 If you have opted for accidental damage protection for your Hire Kit, you will be safeguarded against repairable damage that may occur during your hire period excluding Delivery Company transit. This includes issues such as torn seams on material items, stubborn stains and repairable cables that can be mended. 

9.2 Accidental damage coverage does not extend to situations where the item is beyond repair and must be replaced or declared unusable. In such cases, customers are responsible for covering the replacement costs, typically corresponding to the full retail value.

9.3 Customer must notify Party Chest by contacting us of any accidental damage prior Delivery Company return collection.

9.4 The assessment of damage is ultimately determined by Party Chest. In the event that an item needs to be replaced, once the customer has covered the replacement costs, the damaged item will be disposed of safely.

10. Music Streaming

10.1 Streaming is available for the duration of the Experience.

10.2 Streaming is for:

10.2.1 private use only; and

10.2.2 must only be accessed on one device at a time.

10.3 The Customer must provide the internet access for the Streaming and the Supplier is not liable for any disruption in the internet connection.

11. Cancellation

11.1 Where the Supplier or Customer must cancel the Contract, due to Force Majeure, the Customer will have the option to postpone the hire of any Hire Kit.

11.2 Should the Customer wish to cancel this Contract at any time, notice of cancellation must be given in writing to us and the cancellation fees are as follows:

11.2.1 Cancellation more than 6 weeks prior to Dispatch - You will be liable to pay a cancellation charge of 50% of the total Hire Kit Price.

11.2.2 Cancellation 6 weeks or less prior to Dispatch - You will be liable to pay a cancellation charge of 100% of the total Hire Kit Price.

11.3 The Customer can reschedule Dispatch if they notify the Supplier at least 6 weeks prior to Dispatch.

When a customer makes a booking with us, we shall allocate both the hire equipment and resources. We often receive enquiries from potential customers that we cannot fulfil due to being fully booked for that particular hire kit. Because of this, we do to turn bookings down. If a customer cancels a booking, even with over a months notice, we will incur costs in administrating that order, preparing the order and allocating resources. We do more preparatory work in the weeks immediately before a hire kit shipment date and the chances of reselling a hire kit are much lower; therefore the larger the cancellation charge we have to levy.

12. Liability

12.1 The Supplier does not exclude liability for:

12.1.1 any fraudulent act or omission;

12.1.2 for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations;

12.2 The Supplier will maintain Public Liability Insurance to this effect.

12.3 The Supplier is not responsible for the Customer’s failure to follow the Guidelines.

12.4 The Supplier is not liable for loss which was not reasonably foreseeable to both parties at the time the Contract was made.

13. Force Majeure

13.1 A party shall not be liable if delayed in or prevented from performing its obligations due to Force Majeure, provided that it:

13.1.1 promptly notifies the other party of the Force Majeure event and its expected duration; and

13.1.2 uses its best endeavours to minimise the effects of that event.

14. Confidentiality

14.1 The Supplier will:

14.1.1 keep the Confidential Information confidential at all times;

14.1.2 not disclose the Confidential Information or allow it to be disclosed in whole or in part to any third party without the Customer’s prior consent;

14.1.3 take proper and all reasonable measures to ensure the confidentiality of the Confidential Information; and

14.1.4 not use the Confidential Information in whole or in part for any purpose except for what is required to provide the Service.

15. Privacy

The Supplier agrees to respect the Customer’s privacy and comply with the General Data Protection Regulations with regards to Personal Information.

16. Intellectual Property

16.1 The Intellectual Property Rights in the Order are retained by the Companies.

16.2 The Companies do not sponsor, authorise or endorse the Website.

17. Termination

17.1 The Supplier may terminate the Contract or any other contract which it has with the Customer at any time by giving notice in writing to the Customer if:

17.1.1 the Customer commits a material breach of the Contract and such breach is not remediable;

17.1.2 the Customer commits a material breach of the Contract which is not remedied within 14 Business Days of receiving written notice of such breach;

17.1.3 any consent, licence or authorisation held by the Supplier is revoked or modified such that the Supplier is no longer able to comply with its obligations under the Contract or receive any benefit to which it is entitled.

18. Entire agreement

18.1 The parties agree that the Contract constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.

18.2 Each party acknowledges that it has not entered into the Contract or any documents entered into pursuant to it in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Contract. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Contract.

18.3 Nothing in these Conditions purports to limit or exclude any liability for fraud.

19. Variation

No variation of the Contract shall be valid or effective unless it is in writing, refers to the Contract and is duly signed by, or on behalf of, the Supplier.

20. Severance

If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Contract shall not be affected.

21. Conflicts within contract

If there is a conflict between the terms contained in these Conditions, the terms of these Conditions shall prevail.

22. Governing law

The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.

23. Jurisdiction

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).

 

SCHEDULE 1- Charges for Hire Kit that does not meet the Supplier’s Standard.

Hire Kit	Charge
Does not meet the Weight Allowances	Cost to replace as calculated by the Supplier.
Excess dirt on items	Cost to clean/replace as calculated by the Supplier.
Damaged items e.g. • Use of pens, markers and/or crayons. • Distorted pieces. • Damaged pieces. • Missing pieces. • Severe scratched and/or bite marks. • Damage in return transit due to improper packing	Cost to repair/replace as calculated by the Supplier.
Missing items	Cost to replace as calculated by the Supplier.
Failure to meet Return Date.	£40 per day late fee.