This page tells you the terms and conditions on which we supply any of the products listed on our website: cosmospartysupplies.co.uk. Please read these terms and conditions carefully before proceeding to purchase our products. By purchasing our products you are bound by these terms and conditions.
1. Information about us
- We are Cosmos Party Supplies our registered address is Street Farm,Much Marcle,Herefordshire Hr8 2nw. Our website is www.cosmospartysupplies.co.uk
- We do not except orders outside the UK.
3. Your status
- We can only supply you if:
- You are 18 years old and above.
- You are legally capable of entering into binding contracts.
4. How the contract is formed between you and Cosmos Party Supplies:
- Firstly you will receive a email from us to confirm receipt of your order. Please note this does not mean your order has been completed. Once payment is confirmed and the goods are packed and dispatched, we will send you a dispatched order confirmation, meaning your order is complete and on its way to you.
- If for any reason a products in unavailable we will contact you via email to confirm your options.
- Please note it is your responsibility to confirm age and names for products where prompted. We CANNOT be held responsible for incorrect data supplied, so do check you have ordered the right products.
- We will aim to supply products pictured but there are times when we may send a slightly different product of equal cost and use to fulfill your order and avoid disappointment.
6. Cancellation of Order
- You may cancel your order on receipt of products for 10 days FROM the day of receipt of your products.
- We must be notified in writing, an email is accepted.
- You must return the products in perfect condition and not opened in any way within the 10 days period.
- We will not refund products returned after this time, unless agreed in writing by email from Cosmos Party Supplies.
- This return must be sent at your own cost.
- If the products are not returned in a satisfactory condition we may have a right for action against you for compensation. Note that you have a legal obligation to take care of the products whilst in your possession.
- Restocking: in the event that products are returned to us, we have the right to charge a restocking fee for each product returned at 20% of the price paid for the product.
7. Availability & Delivery
- We aim to dispatch all orders within 3 working days from receipt of full payment (unless there are exceptional circumstances).
- Your delivery will be sent to the address supplied by you.
- On delivery the products are your responsibility.
- Ownership of the products will only be yours when we have received full payment for the goods, i.e no products will be sent until payment has cleared in full.
- We do endeavour to check all our prices, but if an obvious mistake is made, we reserve the right to charge the correct price and to confirm this with yourself or to cancel your order at this point in full.
- Any change of price will be confirmed with you before commencing with your order.
- If any error has been made in pricing a product, we DO NOT have to provide the goods to you at the lower or incorrect price.
- Payment is made at the point of order.
- Payments for all products must be via PayPal. You do not need to have a PayPal account as you can pay by credit card or debit card on the payment gateway.
12. Cosmos Refund Policy
- If you have cancelled your order between the 10 day cooling of period, subject to the payment of the RESTOCKING fee, we will process the refund due to you as soon as possible, less the restocking fee, and, in any case within 30 days of the date you sent us your cancellation email. Please note you are responsible for the postage costs with any items returned.
- If products are damaged or defective, we will examine the product on return and if we agree and are notified via email within 3 days of you receiving the order of the damage, we will either send you a replacement, if required, or email you that your account has been refunded to the full amount of your purchase price and, if reasonable, your costs incurred in returning the item safely to us.
- FOR ANY OTHER REASON: for example, if you are not happy with a price increase or decrease, we will process your refund within 30 days of your email.
- Note & Delivery for returns: You must include a note explaining your reason for returning the product and quote your order code sent in your returns email confirmation. You shall use recorded delivery or registered post when returning the products. All items shall be sealed in a appropriately packed way.
- Payment method: We will send a refund to the via the original method used to pay for your purchase.
We warrant to you that all products purchased from Cosmos Party Supplies will conform in all material respects and description, be of satisfactory quality and will be fit for the purposes for which product of that kind are commonly supplied.
14. Our Liability
- We warrant that any Product purchased from us will conform on delivery in all respects with its description, will be of satisfactory quality and be reasonably fit for all the purposes for which the product is commonly supplied.
- Nothing in this Agreement excludes or limits our liability for the points below:
- A. Death or personal injury caused by our negligence.
- B. Defective products under the consumer protection act 1987.
- C. Any breach of the Obligations implied by section 12 of the sale of goods act 1979 or section 2 of the supply of goods act 1982
15. Written Communications
- Applicable laws require that some of the information or communications we send you should be in writing. When suing this site, you accept that communications with us will be electronic. We will contact you via e-mail. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communications be in writing. This condition does not affect your statutory rights.
- Notices: All notices given by you to us must be to Cosmos Party Supplies, Street Farm, Much Marcle, Herefordshire HR82NW or by email to email@example.com. We may give notice to you at either the address supplied for delivery when placing your order or by e-mail. Notice will be deemed received and properly served after 3 days when posted or electronically sent within 24 hours. It is your responsibility to make sure all communications are sent to the postal address correctly and the same for electronically communication.
- The contract between you and us is binding .
17. Events Outside Our Control.
- Force majeure: we will not be liable or responsible for any failure to perform , or delay in performance of of,any of our obligations under a Contract that is caused by events outside our reasonable control ( “force Majeure Event”)
- A Force Majeure event includes any act, event, non-happening, omission, or accident beyond our reasonable control and include in particular ( without limitation) the following:
- a. Strikes. lock-outs, or other industrial actions
- b. civil commotion, riot, invasion, terrorist attack, threat of terrorist attack, attack, war, (weather declared or not) or threat or preparation for war.
- c. fire, explosion, flood, earthquake, subsidence, epidemic, or other natural disaster.
- d. impossibility of the use of railways, shipping, aircraft, motor transport, private transport. or public transport.
- e. impossibility of the use of public or private telecommunications networks.
- f. the acts, decrees, legislation, regulations, or restrictions of any government.
- g. pandemic or epidemic.
- Suspension: Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of tie for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed .
- If we fail,at any time during the contract, to insist upon strict performance of any of your obligations under the contract or any of these terms & conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations .
- DEFAULT: A Waiver by us of any default will not constitute a waiver of any subsequent default.
- WRITTEN WAIVER: No waiver by us of any of these terms & condition will be effective unless it it expressly stated to be a waiver and is communicated to you in writing accordance with clause 14 above.
- If any court or competent authority decides that any if the provisions of these terms & conditions or any provisions of a Contract are invalid, unlawful, or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
20. Entire Agreement
- We intend to reply upon these terms & conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please you ask for any variations from these terms and conditions to be confirmed in WRITING.
21. Our Right to Vary Our Terms and Conditions
- We have the right to revise and amend these terms & conditions from time to time to reflect changes in the market, new acts passed, new payment methods, regulatory requirements that affect the our business.
- You will be subject to the policies and terms & conditions in force at the time your order was placed with us. Unless any change to those policies or these terms & conditions is required to be made by governmental authority (in which case it will apply to orders previously placed by you) or if we notify you of the change of these policies or these terms & conditions before we send you the Dispatch email conformation (in which case we have the right to assume that you have accepted the change to the terms & conditions, unless you notify us to the contrary within 3 working days of the receipt by you of the products).
22. Law and Jurisdiction
- Contracts for the purchase of products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation ( including non-contractual disputes or claims ) will be governed by English Law. Any dispute or claim arising out of or in connection with such Contracts or their formation ( including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England & Wales. The European Commission provides an online dispute resolution platform, which you can access at: http://ec.europa.eu/consumers/odr/.
23. Third Party Rights
- A person who is not party to these terms & conditions or a contract shall not have any rights under or in connection with them under the Contracts (rights of third party ) act 1999