Terms & Conditions

1. General terms and conditions
   • This site is owned and operated by M56 CLS Ltd of Unit1, Ashville Way, Sutton Weaver, Cheshire WA7 3EZ. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at team@partybearcompany.co.uk or 01928 249692.
   • These are the terms and conditions on which we supply goods to you.
   • Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
   • If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
   • All rights, including copyright, in this site are owned by or licensed to M56 CLS Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute, or repost anything on this website for any purpose.
   • We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
   • Our website is solely for the promotion of our goods in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
   • When we use the words “writing” or “written” in these terms, this includes emails.
2. Our contract with you
   • To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
   • We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
   • If we are unable to accept your order, we will inform you of this and will not charge you for the goods. This might be because goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods, or because we are unable to meet a delivery deadline you have specified.
   • Where the reason we are unable to accept your order is that goods are out of stock, we may offer you the option of an alternative, to wait until the item becomes available again or to cancel your order.
   • We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
   • We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that the goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their price(s) as advertised on this website. Any weights, dimensions and capacities given about goods are approximate only.
   • The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images.
3. Your rights to make changes

If you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract in accordance with clause8  if you are in time to do so.

4. Our rights to make changes
   • We may change the goods to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the goods.
   • In addition, we may make changes to these terms or the goods, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any part of the goods paid for but not received.
5. Price and payment
   • The price of the goods (which includes VAT) will be the price set out in the Order or our acceptance of it. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 5.3 for what happens if we discover an error in the price of the goods you order.
   • If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
   • It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
   • We accept payment with Visa, Mastercard and Apple Pay.
   • We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
   • If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5 % a year above the base lending rate of Barclays Bank  from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
   • Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.
6. Providing the goods
   • The costs of delivery will be as displayed to you on our website.
   • You may be required to pay extra for delivery, or it might not be possible for us to deliver to some locations.
   • Please note that we are only able to deliver to addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland, and the Channel Isles.
   • During the order process we will let you know when we will provide the goods to you. We will deliver them to you as soon as reasonably possible. We will contact you with an estimated delivery date or a tracking number for Royal Mail or other delivery service provider. We will aim to deliver the goods by any date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence.
   • In any event, unless we agree otherwise, we will aim to deliver the goods within 15 working days of accepting your order. If delivery is delayed beyond this time, you may ask us to deliver at a later agreed date or cancel the contract and receive a full refund.
   • If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
   • If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, the delivery company will leave you a note informing you of how to rearrange delivery.
   • If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract, and delivery shall be deemed to have taken place. The Buyer shall pay to the Seller all costs and expenses arising from such failure.
   • If you do not pay us for the goods when you are supposed to and you still do not make payment within 30 days of us reminding you that payment is due, we may suspend supply of the goods until you have paid us the outstanding amounts. As well as suspending the goods we can also charge you interest on your overdue payments.
7. Inspection of Goods on delivery
   • Deliveries should be inspected on delivery whenever possible. Where Goods cannot be examined the carriers note should be marked ‘not examined’.
   • The Seller shall be under no liability for any damage or shortages that would be apparent on reasonable inspection. If these terms are not complied with and in any event the Seller will be under no liability if a written complaint is not delivered to the Seller within 5 days of delivery detailing the alleged damage or shortage.
   • In all cases where defects or shortages are complained of the Seller shall be under no liability in respect thereof unless an opportunity to inspect the Goods is supplied to the Seller before any use is made thereof or any modification is made thereto by the Buyer.
   • Subject to clause 7.2 and 7.3 the Seller shall make good any shortage as soon as it is reasonable to do so, but otherwise shall be under no liability whatsoever arising from such shortage or damage.
8. Risk and ownership
   • Goods remain at our risk until they are delivered into your physical possession. Once the goods have been delivered to you, they will be at your risk.
   • If you choose to use your own carrier or courier which we have not offered, the goods will be at your risk from the time they are handed to that carrier.
   • Ownership of the goods will pass to you when the goods are delivered to you.
9. Your cancellation rights
   • Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order (subject to the exceptions contained in clause 52 ) within 14 calendar days in accordance with the provisions set out in this clause.
   • For most of our goods bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some exceptions when you can’t change your mind including:
     • digital products, after you have started to download or stream these;
     • services, once these have been completed;
     • products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
     • sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
     • goods that are made to your specifications or are clearly personalised; and
     • goods which become mixed inseparably with other items after their delivery.
   • If you change your mind about goods you must let us know no later than 14 days after the day we deliver your goods. If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
   • Items will only be refunded if they are returned in a saleable condition unless you have reported to us that the items are faulty.
   • We only refund standard delivery costs. For example, we don’t refund any extra you have paid for express delivery or delivery at a particular time.
   • For orders which have a multi-buy discount applied, refunds will take into account multi-buy discounts that would not have applied. For example, if 6 items with a 5% multi buy discount are bought then 2 items are returned you will be refunded the difference of the 4 items without a discount applied.

10. How to cancel
    • To let us know you want to change your mind, contact our Customer Service Team at team@partybearcompany.co.uk or 01928 249692
    • You have to return the goods at your own cost. You have to return them to us yet within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the goods. You must:
      • Contact our Customer Service Team.  You will need proof of purchase and the card you paid with.
      • send the goods back to us using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won’t refund you the price.
    • If your goods haven’t yet been dispatched or we’re collecting them from you, we will refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. If you’re sending goods back to us, we will refund you within 14 days of receiving them back from you (or receiving evidence you’ve sent them to us). We will refund you by the method you used for payment. We don’t charge a fee for the refund
    • For help with returns, contact our Customer Service Team at team@partybearcompany.co.uk or 01928 249692.
11. Our rights to end the contract
    • We may end the contract for goods at any time by writing to you if:
      • You do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
      • You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods;
      • You do not, within a reasonable time, allow us to deliver the goods to you or collect them from us; or
    • If we end the contract in the situations set out in clause 11 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    • We may write to you to let you know that we are going to stop providing the goods. We will let you know at least 2 weeks  in advance of our stopping the supply of the goods and will refund any sums you have paid in advance for goods which will not be provided.
12. If there is a problem with the goods
    • If you think there is something wrong with your goods, you must contact our Customer Service Team at team@partybearcompany.co.uk or 01928 2496 We honour our legal duty to provide you with goods that are as described to you on our website and that meet all the requirements imposed by law.

13. Our responsibility for loss or damage suffered by you
    • If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.
    • We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods and for defective products under the Consumer Protection Act 1987.
    • We only supply the goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
    • We will only use your personal information as set out in our privacy statement.
    • We will only give your personal information to third parties where the law either requires or allows us to do so.
15. Other important terms
    • We may transfer our rights and obligations under these terms to another organisation.
    • You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    • Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16. Law, jurisdiction and language

These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.