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Terms and conditions
 
we imagine, we create and we celebrate life!
 

B-DAY PARTIES (PTY) LTD.
Your access to this website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in these terms of use and otherwise contained on the Site (collectively "Terms of Service").

Your use of, and/or access to, this Site constitutes your agreement to the Terms of Use.
B-Day Parties reserves the right to amend the Terms of Use by posting the revised Terms at any time without notice to you. B-Day Parties recommends that you read the Terms of Use carefully and refer back to them periodically.

The primary purpose of B-Day Parties is to assist clients, potential clients and website visitors of B-Day Parties to purchase party and related products. B-Day Parties sources thousands of products from many different suppliers and displays them on.

All products displayed on the B-Day Parties website are made available for you to order however; it is not possible to keep stock of every item. Please view the Product Availability section.

B-Day Parties - Privacy Policy
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our fulllIn general B-Day Parties will not sell or rent your personally identifiable information to anyone.

Intellectual Property Rights
All information, text, material, graphics appearing on this Site from time to time ("Content") are Copyright © B-Day Parties unless this Site expressly indicates to the contrary. As such, the Content is protected by South African and international copyright and trademark laws.
The Content on this site is updated periodically. Users are not entitled to modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way unless expressly authorized by this Site or unless the written permission of B-Day Parties has first been obtained.

On the express condition that users keep all Content intact and in the same form as originally presented on this Site (including without limitation all copyright, trademark and other proprietary notices and all advertisements) and otherwise abide by the Terms of Use.|

2. if an Internet service and/or access provider, supply the Content to subscribers.
Users must not use this Site in any manner or for any purpose which is unlawful or in any manner which violates any right of B-Day Parties or which is otherwise prohibited by the Terms of Use.

Communication Facilities
This site may from time to time contain chat rooms and other communication facilities which provide for feedback by users and members to B-Day Parties, real-time interaction between users and members and other electronic messaging and notice services ("Communication Facilities").

It is a condition of use by users and members of any Communication Facility and access to this Site that users and members do not do any of the following:

1. restrict or inhibit any other user or member from using or accessing any part of this Site;

2. post or transmit any unlawful, threatening, abusive, defamatory, pornographic, profane or otherwise offensive information or material of any kind, including, without limitation any information or material that might reasonably encourage conduct that would breach any civil or criminal law of Victoria or other applicable place.

3. post or transmit any information or material of any kind which violates or infringes upon the rights of any other person, including information or material which is confidential, subject to rights of privacy or publicity or which is protected in whole or in part by copyright, trademark or any other intellectual property or similar right with respect thereto, without first obtaining permission from the owner or relevant right holder;

4. knowingly post or transmit any information or material which contains a virus or other component designed to harm the hardware, software or other facilities of the B-Day Parties website or any of its users or members;

5. post or transmit any information or material that advertises or promotes another business or website without the prior written consent of B-Day Parties.

6. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;

7. download any information, material or file posted by any other user or member of this Site if the user or member knows, or reasonably ought to know, that the file cannot legally be distributed in such manner or has been posted on this Site in breach of the Terms of Use.

B-Day Parties reserves the right to time monitor or review the contents of its Communication Facilities. B-Day Parties reserves the right to remove in whole or in part any information, material or file that has been posted in contravention of the Terms of Use, any applicable law or is considered by B-Day Parties to be offensive or irrelevant for any reason. However, B-Day Parties shall not be responsible to ensure that users or members do not post information, material or file that is offensive, contravenes any applicable law or right or is misleading or deceptive.

Users and members expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

B-Day Parties will provide reasonable cooperation with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, information or files which violate any applicable or relevant law.

User License to B-Day Parties (Pty) Ltd.
A user or member who places any information or other material on this Site (including by posting messages, uploading files, inputting data or engaging in any other form of communication), grants to B-Day Parties a perpetual, non-exclusive, royalty-free, irrevocable, unrestricted, worldwide license to use, copy, sub license, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display the information or material or any part of it.

This license includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of B-Day Parties all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. If B-Day Parties so requests, the user or member agrees to sign such documents as B-Day Parties may request from time to time to perfect or otherwise confirm the terms of this license agreement.

The license also confers upon B-Day Parties the right to sub license to any third party any of the rights hereby conferred on the B-Day Parties website.

Purchasing through B-Day Parties
Any items purchased from B-Day Parties are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier. Should any item shipped by B-Day Parties be returned, having not reached its intended destination due to an incomplete or erroneous address or other postage problem, B-Day Parties reserves the right to contact the Customer / User to confirm their shipping details, and charge the Customer / User an appropriate amount for postage and handling in order to recoup both the time and physical cost of sending an item multiple times. Upon receipt of this additional postage and handling fee, the item will be re-shipped to the Customer / User's nominated address.

Where discounts are applicable (through the use of discount codes and special offers), discounts are available only at the time of purchasing. It is not B-Day Parties policy to refund discounted amounts after a purchase has been made. B-Day Parties reserves the right to make judgment on an appropriate course of action should there be an error in processing the discount (particularly if this error is made by the User). In these instances, B-Day Parties may choose to credit the difference between the discounted price and amount paid for an item to a future purchase to be made by the User, or any other course of action B-Day Parties believes appropriate.

Advertising, Links to Other Websites and Offers

This Site contains hyperlinks and other pointers to Internet websites operated by third parties for the convenience of users and members. The linked websites are not controlled by B-Day Parties, and B-Day Parties is unable to control the contents of any such linked website. Hence, B-Day Parties does not accept any responsibility for the contents nor does it specifically endorse those contents. Users and members link to any such website and use or rely on such website entirely at their own risk.

B-Day Parties may from time to time accept banner and other forms of advertisement on this Site. Any such banner or other advertisement or link should be understood to be a paid advertisement and not an implicit or explicit endorsement by B-Day Parties of the content or use of that linked site. Users and members are referred to the linked website for all information in relation to that website.

Some advertisements contain representations or offers by the advertiser which can be accepted by linking to the advertiser's website and executing the relevant transaction. Such offers are made solely by the advertiser, not by B-Day Parties. Further, the advertiser is solely responsible for fulfilling any representation or offer made.

Product Availability
B-Day Parties acts as a catalogue of thousands of products which are sourced from many different suppliers. All products displayed on the B-Day Parties website are made available for you to order however; it is not possible to keep stock of every item. We do stock most items for over the counter purchases on our premises in Strand Western Cape. All the items we have listed on our site are from our suppliers and are dependent on stock availability at the time your order is placed. We will email you the sales orders within 24-48 hours of receiving your order, unless the order is placed late on a Friday afternoon, over the weekend or on a public holiday, in which case we will get back to you on the next working day. If you have not heard back from us in 48 hours please email us or phone us so we can confirm your email address. Unfortunately on the odd occasion it may happen that between the time we confirm stock availability and the time the order is paid, an item may become out of stock. In this case we will inform you as soon as possible and will refund you for the item or for your entire order. B-Day Parties will take all reasonable efforts to supply the goods that have been ordered, but will not be liable for items which are out of stock from the supplier.

Prices
The price of each product is displayed below the product. In the event of a special offer, the discounted price will reflect on your sales order. Prices are subject to change without notice. If an order is placed before a price increase the lower price will be honoured as long as the order is paid within 48 hours of receipt of the sales order. All products are sold in sealed packs. The pack size of each product is the minimum quantity that can be bought of that product, this is the price displayed on the site. We will take all reasonable efforts to maintain correct prices on the website and sales order. However, should errors occur or items are offered at incorrect prices, B-Day Parties will not be obliged to sell goods at  such incorrect prices and shall only be liable to refund monies paid. Errors and Omissions Excluded

Delivery Cost and Methods
The delivery cost is dependent on the area the delivery is required. If the order is up to and including 1Kg and is  to be delivered via Overnight Post the Overnight Postage fee is approximately R85.00 from post office counter to post office counter.  Certain areas will require an estimate from our courier service provider. If you choose the delivery option the delivery fee will be added to your sales order. Orders outside of the Western Cape that are sent via Courier may take 2-3 working days from time of dispatch. The cost of the delivery is subject to change without notice. Orders weighing more than 15Kg in either actual or volumetric weight will incur additional charges, as well as orders over 2Kg being delivered outside of the Western Cape which require an overnight delivery. Orders cannot be delivered to a PO Box; we can however have orders delivered via speed services to your post office. The cost of sending parcels over 2Kg via speed services is dependent on the actual weight and size of the parcel. We do not deliver outside of South Africa.

Lead Times
B-Day Parties endeavours to have all orders delivered within 2-7 working days from receipt of payment; this can vary depending on the range of items ordered, the area delivery is required as well as the actual and volumetric weight of the parcel. Please make sure you enter the date of the party on your order. We will not be held liable for orders paid and required within less than 7 working days. In the instance the order may take longer than 7 working days we will inform as soon as possible. If for some reason we are not able to get the order to you in time for your party and you have entered the party date on the order prior to payment, and the 7 working days have passed since payment we will refund you the amount paid for your order, but will not be liable in any other way or form.

Payment Methods
Payments may be made via EFT or Bank deposit. Payment must be made within 48 hours of receipt of the sales order. If payment is made after 48 hours the sales order is no longer valid and the order may be subject to changes in stock availability as well as price changes. The exact amount must be paid. Please use your Invoice or Quotation Number as the order reference number or the sales order number. If any other references are used this could lead to a delay in processing you order. If an order is paid by cheque, the order will require the usual 4-7 working day lead time, after the cheque has cleared. Orders will be processed with a proof of payment; however they will not be dispatched until the monies reflect on the B-Day Parties bank statement. All orders must be paid in full before they are processed.

Agreement of Sale
Placing an item in the shopping basket does not constitute an agreement of sale between B-Day Parties and the user. We will not be held liable if such items are not available when the order is completed later. We will remove such an item from the sales order if no stock is available. An agreement of sale between B-Day Parties and a user only comes into effect if and when a deposit of an electronic transfer or bank deposit is reflected on B-Day Parties bank statement and only if such payment is received within 48 hours of sending the sales order.

B-Day Parties reserves the right to refuse to accept and/or execute an order without reason. B-Day Parties also reserves the right to cancel orders in full or in part as circumstances dictate. B-Day Parties shall only be liable to refund monies already paid by the user. We will take all reasonable efforts to maintain correct prices on the website and sales order. However, should errors occur and items are offered at incorrect prices, B-Day Parties will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.

Returns/Refund Policy
B-Day Parties endeavours to accurately display all our products online, if you have received a product which is different to the product displayed online we will collect the item from you and will make a reasonable effort to exchange the product. If replacement is not possible, we will refund the purchase price of the product. Products will only be exchanged if they are unused and in their original packaging. B-Day Parties takes care to pack all orders carefully and to minimize damages as much as possible, if on the rare occasion that a product is damaged in transit please contact us to arrange a replacement of the product, provided the package has not been opened and we can see it was damaged in transit.

Disclaimer and Limitation of Liability
The South African Trade Act and similar State and Territory Legislation confers certain rights and remedies on consumers in relation to the provision of services by this Site which cannot be excluded, restricted or modified ("Statutory Rights"). To the extent that such Statutory Rights conflict with the disclaimers and other conditions set out below the Statutory Rights shall prevail provided that the offending disclaimer or condition shall be read down to the minimum extent required to avoid offending the Statutory Rights or if necessary shall be severed on the basis that the remainder of the disclaimer and the conditions shall continue to apply to the maximum extent possible. This Disclaimer shall exclude all other conditions and warranties implied by custom, law or statute.
Subject to the Statutory Rights:

1. All Content is provided "as is" and without warranties of any kind, either express or implied,

2. B-Day Parties expressly disclaims all warranties of any kind including, without limitation, implied warranties of merchantability and fitness for a particular purpose,

3. B-Day Parties does not warrant that the functions contained in any Content or any Communications Facility or user or member access to this Site will be uninterrupted or error-free, that any defects will be corrected or that this Site or the server which stores and transmits Content to you are free of viruses or any other harmful components,

4. B-Day Parties does not warrant or make any representation regarding user or member access to, or the results of user or member access to, this Site (including any linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and

5. Users and members (and not B-Day Parties) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

Under no circumstances (including but not limited to any act or omission, whether negligent or not, on the part of B-Day Parties) will B-Day Parties or its Affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Site or any Content.

Users and members expressly acknowledge and agree that B-Day Parties does not exert control over other users and members of the Site and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, B-Day Parties liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of B-Day Parties to

1. the supply of the services again, or
2. the payment of the cost of having services supplied again.

Termination
The Terms of Use are effective until terminated or amended by B-Day Parties. B-Day Parties may terminate this agreement and user and member access to this Site at any time without notice. In the event of termination, all restrictions imposed on users and members, licenses granted by users and members and all B-Day Parties disclaimers and limitations of liability set out in the Terms of Use will survive. In the case of members, B-Day Parities liability will be limited to a refund of any unused portion of any subscription fee paid.

Miscellaneous
This agreement will be governed by and construed in accordance with the laws of South Africa. Users and members irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the Western Cape. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved.

Party Bookings and Collect a Party Conditions

1) All Décor items, Tables, Chairs, Chair Covers and Table covers remains the property of B-Day Parties.  You will be held responsible for any damages or breakages that may occur while our goods is in your position, a R220.00 fee will be charged per damaged table or table cover and a R100.00 per Chair or Chair Cover.  Any other items you will be responsible for the full replacement value.   

2) A 50 % deposit is required on booking and the remainder to be paid in full one week before the required date of the party.

3) If the booking is cancelled 1 week or less, before the required date, the 50 % deposit will not be refunded.

4) Any Changes that need to be made with regards the amount of Children that will be attending or the quantity of Boys or Girls that will be attending Need to be made 1 week in advance prior to the party.  No changes will be made after that, due to costs involved.

5) B-Day Parties, the Co-coordinator, the Agent, nor any of their employees, will not be held responsible for the death, injury, loss or otherwise to any person or their guests using the equipment supplied, whether supplied through an Agent or not.

6) Party Booking Dates are subject to availability and will only be confirmed once a 50% deposit has been received.

7) B-Day Parties only set up parties in Certain Areas in the Western Cape so please confirm if we cover your area.

Rentals Conditions

1) All Tables, Chairs, Chair Covers and Table covers remains the property of B-Day Parties.  You will be held responsible for any damages or breakages that may occur while our goods is in your position, a R220.00 fee will be charged per damaged table or table cover and a R100.00 per Chair or Chair Cover.

2) If the booking is cancelled 1 week or less, before the required date, 50 % of the deposit will be deducted.

3) Should the items not be returned on the date that it is due for return, another day’s rental will be deducted from your deposit.

4) B-Day Parties, the co-ordinator, the Agent, nor any of their employees, will be held responsible for the death, injury, loss or otherwise to any Person or their guests using the equipment supplied, whether supplied through an Agent or not.

5) All Rentals including Jumping Castle require a R300.00 Refundable Deposit which must be paid in cash and is paid back to the customer once the goods are returned undamaged.

ORDER CANCELLATION POLICY

To Cancel an order you have placed with B-Day Parties, you must contact Linda Swart by e-mail  linda@bdayparties.co.za or Phone 021 853 1727.

Every effort will be made to accommodate the cancellation of your order as long as it has not yet shipped but needs to be done within 2 hours after

Placing the order, thereafter no cancellations will be accepted.  When contacting us to cancel an order, please be ready to provide your name and order

Return the item for a refund (minus packaging costs, handling fee and or shipping costs).

 


 
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