Terms and Conditions

This website is operated by Posh Party (referred to as “Posh Party/we/our/us”). As a user of this website (referred to as “you/your”), you acknowledge that any use of this website including any transactions you make (“use/using”) is subject to our terms and conditions below.

Please:

• read these terms and conditions carefully before using this website
• read our Privacy Policy section regarding your personal information.

 

1. General

• We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
• If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
• Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password (“Password Details”). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential always. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).
• By agreeing to these Terms of Service, you represent that you are of legal age to so and you have given us your consent to allow any of your minor dependents to use this site.

2. Order process

• All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
• The ‘checkout’ stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from us.
• Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered or upon collection unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns Policy)

3. Delivery

• This website is only for delivery of products to customers in Malta and Gozo.
• All goods must be signed for by an adult aged 18 years or over on delivery.
• Delivery charges and estimated timescales are specified in our delivery information section and when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Posh Party shall be under no liability for any delay or failure to deliver the products within estimated timescales.
• Risk of loss and damage of products passes to you on the date when the products are delivered to you or are left with a person or place nominated by you or are collected by you or a person/company nominated by you.

 

4. Payment

• We take payment from your card at the time we receive your order. Goods are subject to availability. If we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
• To ensure that your credit or debit card is not being used without your consent, our payment gateway provider we will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. By accepting these terms and conditions you consent to such checks being made.
• No credit or debit card numbers or similar information are held by us.
• Online price errors. If we discover an error in the price of goods ordered or reserved, we will inform you as soon as possible (e.g. prior to the goods being despatched or prior to the collection of the goods). We will provide you with the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you choose to cancel and have already paid for the goods you will receive a full refund.
• If, in our opinion, any person or persons, engage in practices that call into question the fair use of our systems or processes, we reserve the right to cancel accounts and/or to restrict/block access to our website for that person or persons. Examples of such activity may include placing significant numbers of reservations where the goods are not subsequently purchased, placing significant numbers of reservations for the same product without them being subsequently purchased. This list is not exhaustive.
• Title to any products you order on this website shall pass to you on delivery or collection of the products provided that we have processed and received payment in full for the products.
• All prices are shown in Euro and include VAT

5. Returns, Goods no longer required

• All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
• All drawings, photographs, illustrations, specifications, descriptions, performance data, dimensions, weights, colours and the like, whether contained in any Contract, or made by way of representation have been provided in the belief that they are as accurate as reasonably possible, but they do not constitute a description of the Goods, shall not be taken to be representations made by Posh Party and are not warranted to be accurate. Similarly, Posh Party does not warrant that the contents of any of the product packaging in which Goods are supplied will be identical to any illustration, specification, description and the like mentioned above as may appear on such packaging, Posh Party accepts no liability in this respect.
• For more information on returns and refunds, refer to our returns policy

6. Intellectual Property

• You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

 

7. Liability and Indemnity

• Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
• Subject to Section 7.1 above, we will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. Posh Party will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.|
• Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
• Subject to Section 7.1 above, Posh Party will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
  • economic losses (including without limitation loss of revenues, data, profits,contracts, business or anticipated savings); or
  • loss of goodwill or reputation; or
  • special or indirect losses
  • suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
• Notwithstanding the above, subject to Section 7.1 Posh Party aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
• This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
• We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused because of unauthorised access to information provided by you.

8. Miscellaneous Provisions

• We have selected our products on the basis that they will be used for domestic use only. If you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. We will not accept any claims for damages or faults where products have been used for a commercial purpose. We do not accept liability for products used for commercial purposes or to business users arising out of or in connection with our products (unless specifically marked as for “commercial use”). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
• Posh Party shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
• To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
• You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by us.
• Posh Party reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
• If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
• These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party except: a) Posh Party (as defined below) shall have the right to enforce any rights or benefits under these terms and conditions; b) Posh Party shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions; c) a person who is a permitted successor or assignee of the rights or benefits of these terms and conditions may enforce such rights or benefits. d) No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
• No delay or failure by Posh Party to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Posh Party.
• These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Posh Party relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Posh Party for your use of this website.

 

9. Governing Law and Disputes

• The contract between us shall be governed by the laws of Malta and any dispute between us will be resolved exclusively in the courts of Malta. English is the only language offered for the conclusion of the contract.
• In case of any dispute please contact us on poshpartyshop@gmail.com.
• The legal jurisdiction for all payment disputes will be Malta.

The Posh Party website is operated by:

Posh Party, 177, Triq Nazju Ellul, Gzira GZR1629, Malta with VAT Registration number MT2242-8305.

We recommend you print out a copy of these terms and conditions for future reference