Website Terms of Business

This page together with the documents referred to in it sets out the terms of business (“Terms”) on which we supply any of the goods (“Goods”) referred to on our website at http://www.mood2party.com (the “Site”) to you, and gives you important information about us and how you can contact us. You should read these Terms carefully and in full before ordering any Goods from us via the Site. By ordering any of our Goods, you agree to be bound by these Terms, which will apply to any contract between you and us for the sale of Goods to you (“Contract”). Please print a copy of them and keep them safe for future reference.

If you do not accept these Terms, you should not order any Goods from our Site.

We may amend these Terms from time to time as set out in clause 20 below. You should therefore check these Terms each time you order Goods from us, to make sure that you understand the terms that will apply at that particular time.

 

Parts of these Terms of Business may not apply to orders placed through our website for in-store collections. For in-store collection orders, payment is processed online in full. You will need to bring photo identification with you, to collect the ordered goods. Upon inspecting the Goods before taking possession of them, you may excerise your right to a refund or exchange, as with any other order through the website. However, once you leave with the ordered goods, these terms do not apply, and the store terms come into effect. Please view our Delivery & Returns page for further details relating to our Click & Collect service, http://www.mood2party.com/deliveryreturns.php.

 

1.  Who we are


1.1
www.mood2party.com is a website operated by Hospitality Services London Ltd, referred to throughout these Terms as “we” or “us”. Please note the following information about us:
(a) We are registered in England and Wales under company number 06684879;
(b) Our registered office is at 10 Station Road, Edgware, Middlesex HA8 7AB;
(c) Our main trading address is 10 Station Road, Edgware, Middlesex HA8 7AB;
(d) Our VAT number is 942853013.

1.2
You can contact us using the details on our Contact Us page http://www.mood2party.com/contactus.php.


2.  The Goods


2.1
The images of the Goods shown on our Site are illustrative only, and the Goods you buy may vary slightly from those images. Although we have made every effort todisplay the colours accurately, we are unable to guarantee that your computer’s display of the colours accurately reflect the actual colours of the Goods.

2.2
The packaging of the Goods may vary from that shown on images on our Site.


2.3
All Goods shown on our Site are subject to availability. We will let you know by email as soon as possible if the Goods you have ordered are not available, and we will not process your order if made.


3.  Your use of the Site and how we use your personal information


3.1
Your use of the Site is governed by our Website Terms of Use http://www.mood2party.com/websitetermsofuse.php. Please read this carefully, as they include important terms which apply to you and regulate how you can use the Site.

3.2
We will only use your personal information in accordance with the terms of our Privacy Policy http://www.mood2party.com/privacypolicy.php, and you should therefore read this for details, as it includes important information which is relevant to you.


4.  If you are a consumer

 

This clause 4 only applies to you if you are a consumer.


4.1
If you are a consumer, you can only buy Goods from our Site if you are at least 18 years of age.


4.2
Some of the Goods on our Site can only be purchased if you satisfy the legal age requirement for those Goods, and we are not allowed by law to supply you with those Goods if you do not satisfy those age requirements. Therefore if you are underage, please do not try to order those Goods from us. The Goods in question are: coloured eye contact lenses, all adult novelty items and fireworks.

4.3
Because you are a consumer, you have legal rights in relation to any Goods that are faulty or not as described. You can get advice about your legal rights from your local Citizens’ Advice Bureau or Trading Standards Office. Nothing in these Terms affects those legal rights.


5.  If you are a business

 

This clause 5 only applies if you are a business.


5.1
If you are not a consumer, you confirm that you have the required authority to bind any business on whose behalf you use our Site or purchase Goods through it.


5.2
These Terms, together with our Website Terms of Use https://www.mood2party.com/index.php/website-terms-of-use/ and Privacy Policy https://www.mood2party.com/index.php/privacy-policy/ constitute the entire agreement between you and us, and you acknowledge that you have not relied on any statement, promise or representation made by us or on our behalf which is not set out in these Terms, or in our Website Terms of Use https://www.mood2party.com/index.php/website-terms-of-use/, and Privacy Policy https://www.mood2party.com/index.php/privacy-policy/.


6.  Our contract


6.1
Our order process allows you to check your order and amend any errors before you submit the order to us. Please therefore ensure that you read and check your order carefully at each stage of the process.

6.2
After you place an order, we will send you an email acknowledging receipt of your order. However, this does not mean that we have accepted your order, and acceptance of your order will only take place as described in clause 6.3 below.

6.3
We will confirm acceptance to you by sending you an email confirming that the Goods have been dispatched (“Dispatch Confirmation”). The Contract between you and us will only be formed when we send you the Dispatch Confirmation.

6.4
If we are unable to supply you with the Goods, for example because the Goods are not in stock or no longer available, or because of an error in the price on our site as referred to in clause 10.4 below, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount as soon as possible.

7.  Consumer rights of return and refund

This clause 7 only applies to you if you are a consumer.


7.1
If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 7.3, which means that during the relevant period if you change your mind or decide you do not want to keep the Goods for any other reason, you can tell us of your decision to cancel the Contract and receive a refund. You can get advice about your legal rights to cancel the Contract from your local Citizens’ Advice Bureau or Trading Standards Office.

7.2
The right of cancellation referred to in clause 7.1 above does not however apply to any personalised goods; custom-made products; perishable goods; bespoke items; or items of hygiene concern such as contact lens, face paints, eyewear, wigs, hats, headwear, masks, noses, teeth, mouth pieces, ears, earrings, eye patches, facial hair, body hair, hosiery, tights, pants, and gloves.

7.3
Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Goods have already been delivered to you, then you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Goods. Working days means that Saturdays, Sundays or public holidays are not included in this period.


7.4
To cancel a Contract, you must contact us by sending an email to info@mood2party.com.You should keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the email.

7.5
You will receive a full refund of the price you paid for the Goods. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 7.4. If you returned the Goods to us because they were faulty or not as described, please see clause 7.6 below.

7.6
If you have returned the Goods to us under this clause 7 because they are faulty or not as described, we will refund the price of any defective Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Goods to us.

7.7
We refund you on the credit card or debit card used by you to pay.


7.8
If the Goods were delivered to you:

(a) you must return them to us as soon as reasonably practicable. If the Goods require collection, we will collect them from the address to which they were delivered. We will contact you to arrange a suitable time for collection.
(b) unless the Goods are faulty or not as described (in this case, see clause 7.6 above), you will be responsible for the cost of returning the Goods to us [or, where relevant, the cost of us collecting the Goods from you.
(c) you have a legal obligation to keep the Goods in your possession and to take reasonable care of them while they are in your possession.

7.9
Details of your legal right to cancel and an explanation of how to exercise it are provided on the Delivery & Returns page of our website http://www.mood2party.com/deliveryreturns.php.

7.10
As a consumer, you will always have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 7 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office.


8.  Fulfilment of your order


8.1
Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation unless there is an Event Outside Our Control. If, due to an Event Outside Our Control, we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date.

8.2
Delivery will be completed when we deliver the Goods to the address you provided to us. We do not deliver to addresses outside the UK. You may place an order for Goods from outside the UK. However, your order must be for delivery to an address in the UK.


9.  Risk and ownership


9.1
The Goods will be at your risk from completion of delivery.

9.2
Ownership of the Goods will not pass to you until we receive full payment of all sums due in respect of the Goods (including any applicable delivery charges).


10.  Price and payment


10.1
The price of any Goods will be as quoted on the Site from time to time. We take all reasonable care to ensure that the prices of the Goods are correct at the time when the relevant information is entered onto our system, however if we discover an error in the price of any Goods you have ordered, please refer to clause 10.4 for what happens in this event.

10.2
The prices quoted are inclusive of VAT (where applicable) at the applicable current rate chargeable in the UK for the time being, however if the rate of VAT changes between the date of your order and the delivery date, we will adjust the VAT you pay (unless you have already paid for the Goods in full prior to the relevant VAT change taking effect). The prices quoted exclude delivery costs, which will be as quoted on the Site from time to time, and will be added to the total amount due as set out on our Delivery & Returns Page, http://www.mood2party.com/deliveryreturns.php.

10.3
We may change our prices at any time, but any changes we make will not apply to orders in relation to which we have already sent you a Dispatch Confirmation.

10.4
The Site refers to a large number of Goods and it is always possible that, despite our reasonable efforts, some of the Goods listed may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If however the correct price of the Goods is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

10.5
Please note that we are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

10.6
Goods must be paid for by credit or debit card using Sage Pay via our website payment processing system. You can also use the same system to pay via Paypal too. Payment for the Goods and for all applicable delivery charges is in advance.


11.  Manufacturer’s guarantee


11.1
Some of the Goods we sell to you may come with a manufacturer’s guarantee. For full details of the applicable terms and conditions, please refer to the manufacturer’s guarantee supplied with the Goods.

11.2
If you are a consumer, a manufacturer’s guarantee is in addition to you legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.


12.  Our warranty for the Goods


12.1
For Goods which do not have a manufacturer's guarantee, we provide a warranty that on delivery, the Goods shall be free from material defects. However, this warranty does not apply in the circumstances described in clause
12.2.

12.2
The warranty in clause 12.1 does not apply to any defect in the Goods arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Goods in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.

12.3
If you are a consumer, this warranty is in addition to your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office.


13.  Our liability if you are a business

This clause 13 only applies if you are a business.


13.1
We only supply the Goods for internal use by your business, and you agree not to use the Goods for any re-sale purposes.

13.2
We do not exclude or limit in any way our liability to you:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(d) for fraud or fraudulent misrepresentation;
(e) for any matter in relation to which it would be illegal for us to exclude, or attempt to exclude, our liability.

13.3
Subject to clause 13.2, we will not in any circumstances by liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) Loss or corruption of data, information or software;
(b) loss of business opportunity;
(c) loss of profits, sales, business or revenue;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.

14.  Our liability to you if you are a consumer

This clause 14 only applies to you if you are a consumer.


14.1
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

14.2
We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


14.3
We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(d) any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979; and
(e) defective Goods under the Consumer Protection Act 1987.


15.  Communications between you and us


15.1
When we refer in these Terms to “in writing”, this will include email.


15.2
If you are a consumer:

(a) to cancel a Contract in accordance with your legal right to do so as set out in clause 7, you must contact us in writing by sending an e-mail to info@mood2party.com. You should keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail.
(b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to info@mood2party.com or Mood 2 Party, 10 Station Road, Edgware, Middlesex HA8 7AB.

15.3
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.


15.4
If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our Site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.


16.  Transfer of rights and obligations


16.1
The contract between us binds both you and us and our respective successors and assigns.

16.2
You may not transfer, assign, charge or otherwise dispose of any contract with us, or any of your rights or obligations arising under it, without our prior written consent.

16.3
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract between us, or any of our rights or obligations arising under it, at any time during the term of the contract in question, but this will not affect your rights or our obligations under these Terms.


17.  Events outside our control


17.1
We do not accept any liability for any failure to perform or delay in performing any of our obligations under a Contract between us where such failure or delay is caused by an event outside our control as defined in clause 17.2 below (an “Event Outside Our Control”).

17.2
An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (but without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, or the acts, decrees, legislation, regulations or restrictions of any government.

17.3
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

18.  Waiver

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

19.  Severability

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

20.  Our right to vary these Terms

20.1
We have the right to vary these Terms from time to time in the event of any changes in how we accept payment from you, or any changes in relevant laws or regulatory requirements, and we encourage you to revisit them periodically to ensure that you are fully aware of them at all times.

20.2
Every time you order Goods from us, the Terms in force at that particular time will be the Terms applicable to the Contract between you and us.


21.  Third party rights

These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999. [However, if you are a consumer, the recipient of your gift of Goods you have purchased from our Site will have the benefit of our warranty at clause 12, but we and you will not need their consent to cancel or make any changes to these Terms.]


22.  Law and jurisdiction


22.1
If you are a consumer, please note that these Terms are governed by English law. This means that a Contract for the purchase of Goods through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.


22.2
If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.