Terms and Conditions:
These terms and conditions together with the documents referred to in them, as listed on our website www.Party1World.com, set out the basis on which any transaction between the company (Party1World) and the customer/consumer (please refer the Your Status section for definitions) shall take place.
Please read these terms carefully before ordering any Goods (any product that is on sale on Party1World website) from our website. By ordering any of the Goods, you agree to adhere to these terms and conditions. Please note that terms and conditions are liable to change and the right to make alterations in any or all aspects rests with the company. In case of transaction between company and customers, the latest set of modified terms and conditions shall apply. Customers are requested to print a copy of the most recent set of terms and conditions for future reference.
Please tick the box in step 2 of the checkout process if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Goods from our website.
1. INFORMATION ABOUT US
1.1 The Goods are provided by Party1World ("we/us/our").
1.2 Our main trading address is Party1World warehouse, Ankhir Village, Badhkal Main Road, Faridabad – 121001, Haryana.
2. YOUR STATUS
2.1 You are a business customer ("Business Customer") if you purchase Goods from us for the purposes of your business, trade or profession, rather than for private use. If you purchase Goods from us for private use, you are a consumer ("Consumer"). You acknowledge that:
2.1.1 Clause 5 does not apply unless you are purchasing Goods as a Consumer; and
2.1.2 Clauses 8.6 to 8.8 do not apply unless you are purchasing Goods as a Business Customer
2.2 By placing an order with us, you warrant that:
2.2.1 You are legally capable of entering into binding contracts;
2.2.2 You are at least 18 years old; and
2.2.3 You are resident in India.
3. APPLICATION OF TERMS
3.1 These terms and conditions apply to all sales of Goods provided by us to you via our website, over the telephone, by e-mail or in person.
3.2 No contract for the supply of Goods (the “Contract”) shall exist until we dispatch the Goods to you.
3.3 An order is an agreement between you and company and is deemed as an offer by you to purchase Goods from us in accordance with these terms and conditions.
3.4 You must ensure that the terms of your order and any applicable specification are complete and accurate.
3.5 These terms will be incorporated in the Contract to the exclusion of all other terms and conditions.
4. DESCRIPTION OF GOODS
4.1 The Goods will conform in all material respects with any specification provided to and accepted by us. We reserve the right to amend any specification without prior notice to you provided that any such amendment does not adversely affect the performance of the Goods.
4.2 We retain all intellectual property rights owned by us or licensed to us for every Good (and every accompanying documentation) delivered to you by us.
4.3 You will not remove, alter, deface or tamper with any of the trademarks or trade names affixed to or appearing on the Goods.
4.4 If the Goods are customized for you or manufactured in accordance with any design or specification provided by you, you will compensate us in full and on demand for all claims, expenses and liabilities of any nature in connection with any claim or allegation if the design or specification infringes the rights of any third party.
4.5 Notwithstanding the provisions of clause 11.1.1 which relate to fitness for purpose and unless otherwise agreed by us in writing in any particular instance, you shall be solely responsible for selecting Goods which are suitable for use with any application with which they are to be used. No information with regard to products provided by the company shall be taken to mean as a recommendation for purchase.
5. CONSUMER RIGHTS
Clause 5 only applies if you are a Consumer.
5.1 You may cancel a Contract at any time within 7 working days, beginning on the day after you receive the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy which is available here [hyperlink to refunds policy]. This right of cancellation does not apply to any Goods which are personalized or made to your specification.
5.2 To cancel a Contract, you must inform us by sending an email to only@Party1World.com pursuant to clause 13 below. You must also return the Goods to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 Details of how to exercise this right of cancellation are available upon request.
5.4 Nothing in this clause affects your statutory rights.
6.1 The price of any Goods will be as quoted on our website or as otherwise agreed between us, except in cases of obvious error.
6.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already been dispatched.
6.3 Shipping for Goods on our website is FREE for any place in India. International orders that are sent through Airmail come with free shipping. Courier service is available for international dispatches only if the customer pays courier charges. Shipping Cost will be intimated to the Customer by a personal mail.
6.4 You acknowledge that we stock a large number of Goods. It is always possible that, despite our best efforts, some prices may be incorrectly listed. We are under no obligation to provide Goods to you at an incorrect, lower price, even after we have acknowledged your order or dispatched the Goods, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as mispricing.
Easy payment procedure is available for all Indian and international customers. Payment can be made by any of the following modes.
Only the latest charges of goods will be considered for transaction. All prices of goods that are mentioned in INR shall be converted into the currency of the respective country in accordance with the exchange rates of the day of transaction. The principle is applicable to all refund, return, exchange and cancellation procedures. The company cannot be held liable to variations in the invoice amount due to international fluctuations of currency values. Customer shall bear transaction charges, if any, for all national and international money transfers.
Payments done through credit cards that are not owned by the customer will not be accepted.
In case prices of goods are wrongly mentioned on the website, Party1World reserves the rights to cancel orders that are placed on the wrongly mentioned price. If the order has been processed, complete refund will be provided.
8.1 The Goods will be delivered to the delivery address provided by you.
8.2 Time of delivery will not be of the essence and any delivery date is an estimate only. We will use all reasonable methods to avoid late deliveries. You will have the right to cancel any order without liability to us if delivery is more than 28 working days (barring conditions mentioned in 14.2). International deliveries can take up to 21 working days for delivery. This clause 8.2 sets out your only remedy for such delay. The company shall not be held liable for delay in the delivery process or for monetary loss incurred by customers for any product that is dispatched on time and owing to factors that are beyond the control of the company (e.g., communal riots, fire, natural disasters etc.). Customers will be notified about the dispatch. All orders that are received before 4PM are dispatched on the same day.
8.3 The quantity of any consignment of Goods as recorded by us upon dispatch from our place of business will be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
8.4 We will not be liable for any non-delivery of Goods (even if caused by our negligence) unless written notice is given to us within 10 days of the date when the Goods would in the ordinary course of events have been received.
8.5 Our liability for non-delivery of the Goods will be limited to, at our discretion, replacing the Goods within a reasonable time, issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods or a refund of the purchase price paid.
8.6 Any claim that any Goods have been delivered damaged or do not materially comply with their description shall be notified by you to us and (where appropriate, to the carrier) within 24 hours of their delivery. Provided that you return such Goods to us in accordance with clause 10, we will at our sole discretion replace such Goods, issue you with a credit note for the price of such Goods or refund the price paid for such Goods. The provisions of this clause 8.6 set out your sole remedy in such circumstances.
8.7 We may at our discretion deliver the Goods by installments. Where the Goods are delivered by installments, no default or failure by us with respect to any one or more installments will entitle you to cancel the Contract in respect of the Goods previously delivered or for any Goods yet to be delivered.
8.8 If you fail to take delivery of the Goods or any part thereof at the time of delivery, then we will be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge you for the loss suffered. You will be required to sign for goods delivered by Courier. In case you are not present at the address at the time of delivery, goods will be held in the courier company’s office for seven working days before returning them to the warehouse. Customers are expected to collect the goods from the courier office. Notifications about delivery will be sent through email and telephone.
9. REFUNDS POLICY
9.1 you will be eligible for refund when you return Goods to us in a re-saleable condition:
9.1.1 Full refund will be provided if you cancel the Contract in accordance with clause 5 (Consumer Rights), we will process the refund due to you as soon as possible and, in any case, within 30 days from the day of cancellation notice from you. If you can return goods through the same courier service within 24 hours of receipt, return shipping is free. If you exceed 24 hours or choose to return through another courier, shipping costs will be borne by you.
9.1.2 For any other reason, we will examine the returned Goods and notify you via e-mail within a reasonable time regarding any refund to which you are entitled. We usually process the refund as soon as possible thereafter.
9.2 We will normally refund any money received from you by bank transfer. If you paid via credit or debit card, we will refund the same card originally used to pay for your purchase.
9.3 Customers outside India shall bear charges for return of goods. It is customer’s responsibility to ensure that goods reach us safely in order to be eligible for refund. Goods if damaged during transit shall not be refunded.
9.4 Please refer to our Returns Guide for further details of our Refunds Policy.
10. OUR LIABILITY
10.1 If you are contracting as a Consumer:
10.1.1 We warrant to you that any Goods purchased from us through our website are of satisfactory quality and reasonably fit for all of the purposes for which Goods of that kind are commonly supplied; but
10.1.2 We shall only be liable to you for:
10.1.2.1 Losses that are caused as a result of any breach of Contract by us (up to the value of the purchase price of the Goods you purchased)
10.1.2.2 Losses that are caused as a result of our negligence.
10.1.3 We shall not be liable to you for any loss pursuant to Condition 10.1.2 if:
10.1.3.1 Any such loss is not foreseeable. Losses are foreseeable if they could have been contemplated by both of us at the time that your order was accepted by us
10.1.3.2 Any such loss (or any part thereof) was caused by or contributed to by your breach of any of these terms and conditions.
10.1.4 For the avoidance of doubt, we shall not be liable for any indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) howsoever arising and whether caused by breach of contract, negligence, or otherwise.
10.2 If you are contracting as a Business Customer:
10.2.1 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law.
10.2.2 Without limiting the generality of Condition 10.2.1, we shall not be liable to you if any monies due from you to us have not been paid in full.
10.2.3 Without prejudice to any of the provisions of this Condition 10.2, we shall have no liability for any kind of financial, business, personal or goodwill losses incurred by you
10.2.4 Without limitation to any of the foregoing, our aggregate liability to you (whether for breach of Contract or for negligence or otherwise howsoever), for any loss or damage of whatsoever nature and howsoever caused, shall be limited to and in no circumstances shall exceed the price of the Goods purchased from us.
10.2.5 Without limitation or prejudice to any of the foregoing, you shall fully indemnify and hold us harmless against any and all losses, damages and costs whatsoever arising from any breach of any of your obligations under any of these terms and conditions and/or the Contract, whether attributable to you, to your servants or agents, or to any subcontractors appointed by you.
11. WRITTEN COMMUNICATIONS
For transparency and clarity purposes, most of the communication between the company and customer should be in writing through the electronic medium, email being the preferred mode of communication. All contracts between the customer and company shall be provided in writing and shall be considered valid only when accepted and signed by both the parties. Only written communication will be considered as evidence in the Court of Law in case a legal proceeding comes about.
All notices given by you to us must be emailed to only@Party1World.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, a copy of the posted letter or email will be sufficient proof.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 Any Contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 Events beyond our control are strikes in the civil society or industry, civil commotion, riot, terrorist attack or threat of terrorist attack, war (whether declared or not), threat or preparation for war, fire, explosion, any kind of natural disaster, impossibility of the use of shipment, telecommunications and transport services and any kind of governmental regulations or restrictions.
14.3 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 time for performance for the duration of that period.
15.1 Your adherence to these terms and conditions are not waivered under any circumstance even if the company fails to exercise its rights under the contract.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
While forming a contract, only the present contract shall be considered for transaction and shall be independent of any prior contracts or understanding between you and the company whether in writing or orally
19. LAW AND JURISDICTION
Contracts for the purchase of Goods through our website will be governed by Indian Legal Jurisdiction Law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of New Delhi, India.