Terms & Conditions
Terms and conditions
Please read all these terms and
conditions.
As we can accept your order and make
a legally enforceable agreement without further reference to you, you must read
these terms and conditions to make sure that they contain all that you want and
nothing that you are not happy with. If you are not sure about anything,
just phone us on 020 8142 9193.
Application
1. These Terms and
Conditions will apply to the purchase of the goods by you (the Customer or you). We
are Ayush Party Limited a company registered in England and Wales under
number 11371542 whose registered office is at Unit D6, Seedbed
Centre, Davidsonway, England, RM7 0AZ with email
address [email protected]; telephone number 020 8142 9193; (the Supplier or us or we).
2. These are the terms
on which we sell all Goods to you. By ordering any of the Goods, you agree to
be bound by these Terms and Conditions. By ordering any of the Services,
you agree to be bound by these Terms and Conditions. You can only purchase
the Goods from the Website if you are eligible to enter into a contract and are
at least 18 years old.
Interpretation
1. Consumer means an
individual acting for purposes which are wholly or mainly outside their trade,
business, craft or profession;
2. Contract means the
legally-binding agreement between you and us for the supply of the Goods;
3. Delivery Location means the
Supplier's premises or other location where the Goods are to be supplied, as
set out in the Order;
4. Durable Medium means paper
or email, or any other medium that allows information to be addressed personally
to the recipient, enables the recipient to store the information in a way
accessible for future reference for a period that is long enough for the
purposes of the information, and allows the unchanged reproduction of the
information stored;
5. Goods means the
goods advertised on the Website that we supply to you of the number and
description as set out in the Order;
6. Order means the
Customer's order for the Goods from the Supplier as submitted following the
step by step process set out on the Website;
7. Privacy Policy means the
terms which set out how we will deal with confidential and personal information
received from you via the Website;
8. Website means our
website www.ayushparty.co.uk on which the Goods are advertised.
Goods
1. The description of
the Goods is as set out in the Website, catalogues, brochures or other form of
advertisement. Any description is for illustrative purposes only and there may
be small discrepancies in the size and colour of the Goods supplied.
2. In the case of any
Goods made to your special requirements, it is your responsibility to ensure
that any information or specification you provide is accurate.
3. All Goods which
appear on the Website are subject to availability.
4. We can make changes
to the Goods which are necessary to comply with any applicable law or safety
requirement. We will notify you of these changes.
Personal
information
1. We retain and use
all information strictly under the Privacy Policy.
2. We may contact you by
using e-mail or other electronic communication methods and by pre-paid post and
you expressly agree to this.
Basis of Sale
1. The description of
the Goods in our website does not constitute a contractual offer to sell the
Goods. When an Order has been submitted on the Website, we can reject it for
any reason, although we will try to tell you the reason without delay.
2. The Order process
is set out on the Website. Each step allows you to check and amend any errors
before submitting the Order. It is your responsibility to check that you have
used the ordering process correctly.
3. A Contract will be
formed for the sale of Goods ordered only when you receive an email from us
confirming the Order (Order Confirmation). You must ensure that the
Order Confirmation is complete and accurate and inform us immediately of any
errors. We are not responsible for any inaccuracies in the Order placed by you.
By placing an Order you agree to us giving you confirmation of the Contract by
means of an email with all information in it (ie the Order Confirmation). You
will receive the Order Confirmation within a reasonable time after making the
Contract, but in any event not later than the delivery of any Goods supplied
under the Contract.
4. Any quotation is
valid for a maximum period of 15 days from its date, unless we
expressly withdraw it at an earlier time.
5. No variation of the
Contract, whether about description of the Goods, Fees or otherwise, can be
made after it has been entered into unless the variation is agreed by the
Customer and the Supplier in writing.
6. We intend that
these Terms and Conditions apply only to a Contract entered into by you as a
Consumer. If this is not the case, you must tell us, so that we can provide you
with a different contract with terms which are more appropriate for you and
which might, in some respects, be better for you, eg by giving you rights as a
business.
Price and Payment
1. The price of the
Goods and any additional delivery or other charges is that set out on the
Website at the date of the Order or such other price as we may agree in
writing.
2. Prices and charges
include VAT at the rate applicable at the time of the Order.
3. You must pay by
submitting your credit or debit card details with your Order and we can take
payment immediately or otherwise before delivery of the Goods.
Delivery
1. We will deliver the
Goods, to the Delivery Location by the time or within the agreed period or,
failing any agreement, without undue delay and, in any event, not more than 30
days after the day on which the Contract is entered into.
2. In any case,
regardless of events beyond our control, if we do not deliver the Goods on
time, you can (in addition to any other remedies) treat the Contract at an end
if:
1. we have refused to
deliver the Goods, or if delivery on time is essential taking into account all
the relevant circumstances at the time the Contract was made, or you said to us
before the Contract was made that delivery on time was essential; or
2. after we have
failed to deliver on time, you have specified a later period which is
appropriate to the circumstances and we have not delivered within that period.
3. If you treat the
Contract at an end, we will (in addition to other remedies) promptly return all
payments made under the Contract.
4. If you were
entitled to treat the Contract at an end, but do not do so, you are not
prevented from cancelling the Order for any Goods or rejecting Goods that have
been delivered and, if you do this, we will (in addition to other remedies)
without delay return all payments made under the Contract for any such cancelled
or rejected Goods. If the Goods have been delivered, you must return them to us
or allow us to collect them from you and we will pay the costs of this.
5. If any Goods form a
commercial unit (a unit is a commercial unit if division of the unit would materially
impair the value of the goods or the character of the unit) you cannot cancel
or reject the Order for some of those Goods without also cancelling or
rejecting the Order for the rest of them.
6. We do not generally
deliver to addresses outside England and Wales, Scotland, Northern Ireland, the
Isle of Man and Channels Islands. If, however, we accept an Order for delivery
outside that area, you may need to pay import duties or other taxes, as we will
not pay them.
7. You agree we may
deliver the Goods in instalments if we suffer a shortage of stock or other
genuine and fair reason, subject to the above provisions and provided you are
not liable for extra charges.
8. If you or your
nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery
Location, we may charge the reasonable costs of storing and redelivering them.
9. The Goods will
become your responsibility from the completion of delivery or Customer
collection. You must, if reasonably practicable, examine the Goods before
accepting them.
Risk and Title
1. Risk of damage to,
or loss of, any Goods will pass to you when the Goods are delivered to you.
2. You do not own the
Goods until we have received payment in full. If full payment is overdue or a
step occurs towards your bankruptcy, we can choose, by notice to cancel any
delivery and end any right to use the Goods still owned by you, in which case
you must return them or allow us to collect them.
Withdrawal and
cancellation
1. You can withdraw
the Order by telling us before the Contract is made, if you simply wish to
change your mind and without giving us a reason, and without incurring any
liability.
2. You can cancel the
Contract except for any Goods which are made to your special requirements
(the Returns Right) by telling us no later than 30 calendar
days from the day the Contract was entered into, if you simply wish to
change your mind and without giving us a reason, and without liability, except
in that case, you must return to any of our business premises the Goods in
undamaged condition at your own expense. Then we must without delay refund to
you the price for those Goods which have been paid for in advance, but we can
retain any separate delivery charge. This does not affect your rights when the
reason for the cancellation is any defective Goods. This Returns Right is
different and separate from the Cancellation Rights below.
3. This is a distance
contract (as defined below) which has the cancellation rights (Cancellation
Rights) set out below. These Cancellation Rights, however, do not
apply, to a contract for the following goods (with no others) in the following
circumstances:
1. foodstuffs,
beverages or other goods intended for current consumption in the household and
which are supplied on frequent and regular rounds to your residence or
workplace;
2. goods that are made
to your specifications or are clearly personalised;
3. goods which are
liable to deteriorate or expire rapidly.
4. Also, the
Cancellation Rights for a Contract cease to be available in the following
circumstances:
1. in the case of a
contract for the supply of sealed goods which are not suitable for return due
to health protection or hygiene reasons, if they become unsealed after
delivery;
2. in the case of any
sales contract, if the goods become mixed inseparably (according to their
nature) with other items after delivery.
Right to cancel
1. Subject as stated
in these Terms and Conditions, you can cancel this contract within 14 days
without giving any reason.
2. The cancellation
period will expire after 14 days from the day on which you acquire, or a third
party, other than the carrier indicated by you, acquires physical possession of
the last of the Goods. In a contract for the supply of goods over time (ie
subscriptions),the right to cancel will be 14 days after the first delivery.
3. To exercise the
right to cancel, you must inform us of your decision to cancel this Contract by
a clear statement setting out your decision (eg a letter sent by post or
email). You can use the attached model cancellation form, but it is not
obligatory. In any event, you must be able to show clear evidence of when the
cancellation was made, so you may decide to use the model cancellation form.
4. You can also
electronically fill in and submit the model cancellation form or any other
clear statement of the Customer's decision to cancel the Contract on our
website www.ayushparty.co.uk. If you use this option, we will communicate
to you an acknowledgement of receipt of such a cancellation in a Durable Medium
(eg by email) without delay.
5. To meet the
cancellation deadline, it is sufficient for you to send your communication
concerning your exercise of the right to cancel before the cancellation period
has expired.
Effects of cancellation in the
cancellation period
1. Except as set out
below, if you cancel this Contract, we will reimburse to you all payments
received from you, including the costs of delivery (except for the
supplementary costs arising if you chose a type of delivery other than the
least expensive type of standard delivery offered by us).
Deduction for Goods supplied
1. We may make a
deduction from the reimbursement for loss in value of any Goods supplied, if
the loss is the result of unnecessary handling by you (ie handling the Goods
beyond what is necessary to establish the nature, characteristics and
functioning of the Goods: eg it goes beyond the sort of handling that might be
reasonably allowed in a shop). This is because you are liable for that loss and,
if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
1. If we have not
offered to collect the Goods, we will make the reimbursement without undue
delay, and not later than:
1. 14 days after the
day we receive back from you any Goods supplied, or
2. (if earlier) 14
days after the day you provide evidence that you have sent back the Goods.
2. If we have offered
to collect the Goods or if no Goods were supplied, we will make the
reimbursement without undue delay, and not later than 14 days after the day on
which we are informed about your decision to cancel this Contract.
3. We will make the
reimbursement using the same means of payment as you used for the initial
transaction, unless you have expressly agreed otherwise; in any event, you will
not incur any fees as a result of the reimbursement.
Returning Goods
1. If you have received
Goods in connection with the Contract which you have cancelled, you must send
back the Goods or hand them over to us at Unit D6, Seedbed Centre, Davidsonway, England, RM7
0AZ without delay and in any event not later than 14 days from the day on
which you communicate to us your cancellation of this Contract. The deadline is
met if you send back the Goods before the period of 14 days has expired. You
agree that you will have to bear the cost of returning the Goods.
2. For the purposes of
these Cancellation Rights, these words have the following meanings:
1. distance contract means a
contract concluded between a trader and a consumer under an organised distance
sales or service-provision scheme without the simultaneous physical presence of
the trader and the consumer, with the exclusive use of one or more means of
distance communication up to and including the time at which the contract is
concluded;
2. sales contract means a
contract under which a trader transfers or agrees to transfer the ownership of
goods to a consumer and the consumer pays or agrees to pay the price, including
any contract that has both goods and services as its object.
Conformity and
Guarantee
1. We have a legal
duty to supply the Goods in conformity with the Contract, and will not have
conformed if it does not meet the following obligation.
2. Upon delivery, the
Goods will:
1. be of satisfactory
quality;
2. be reasonably fit
for any particular purpose for which you buy the Goods which, before the
Contract is made, you made known to us (unless you do not actually rely, or it
is unreasonable for you to rely, on our skill and judgment) and be fit for any
purpose held out by us or set out in the Contract; and
3. conform to their
description.
3. It is not a failure
to conform if the failure has its origin in your materials.
4. We will
immediately, or within a reasonable time, give you the benefit of the free
guarantee given by the manufacturer of the Goods. Details of the guarantee,
including the name and address of the manufacturer, the duration and
territorial scope of the guarantee, are set out in the manufacturer's guarantee
provided with the Goods. This guarantee will take effect at the time the Goods
are delivered, and will not reduce your legal rights.
Successors and our
sub-contractors
1. Either party can
transfer the benefit of this Contract to someone else, and will remain liable
to the other for its obligations under the Contract. The Supplier will be
liable for the acts of any sub-contractors who it chooses to help perform its
duties.
Circumstances
beyond the control of either party
1. In the event of any
failure by a party because of something beyond its reasonable control:
1. the party will
advise the other party as soon as reasonably practicable; and
2. the party's
obligations will be suspended so far as is reasonable, provided that that party
will act reasonably, and the party will not be liable for any failure which it
could not reasonably avoid, but this will not affect the Customer's above
rights relating to delivery and any right to cancel, below.
Privacy
1. Your privacy is
critical to us. We respect your privacy and comply with the General Data
Protection Regulation with regard to your personal information.
2. These Terms and
Conditions should be read alongside, and are in addition to our policies,
including our privacy policy (https://www.ayushparty.co.uk/privacy-policy) and
cookies policy (https://www.ayushparty.co.uk/cookies-policy).
3. For the purposes of
these Terms and Conditions:
1. 'Data Protection
Laws' means any applicable law relating to the processing of Personal Data,
including, but not limited to the GDPR.
2. 'GDPR' means the UK
General Data Protection Regulation.
3. 'Data Controller',
'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
4. We are a Data
Controller of the Personal Data we Process in providing Goods to you.
5. Where you supply
Personal Data to us so we can provide Goods to you, and we Process that
Personal Data in the course of providing the Goods to you, we will comply with
our obligations imposed by the Data Protection Laws:
1. before or at the
time of collecting Personal Data, we will identify the purposes for which
information is being collected;
2. we will only
Process Personal Data for the purposes identified;
3. we will respect
your rights in relation to your Personal Data; and
4. we will implement
technical and organisational measures to ensure your Personal Data is secure.
6. For any enquiries
or complaints regarding data privacy, you can e-mail: [email protected]
Excluding liability
1. The Supplier does
not exclude liability for: (i) any fraudulent act or omission; or (ii) for
death or personal injury caused by negligence or breach of the Supplier's other
legal obligations. Subject to this, the Supplier is not liable for (i) loss
which was not reasonably foreseeable to both parties at the time when the
Contract was made, or (ii) loss (eg loss of profit) to the Customer's business,
trade, craft or profession which would not be suffered by a Consumer - because
the Supplier believes the Customer is not buying the Goods wholly or mainly for
its business, trade, craft or profession.
Governing law,
jurisdiction and complaints
1. The Contract
(including any non-contractual matters) is governed by the law of England
and Wales.
2. Disputes can be
submitted to the jurisdiction of the courts of England and Wales or,
where the Customer lives in Scotland or Northern Ireland, in the
courts of respectively Scotland or Northern Ireland.
3. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days..
Model cancellation Form
To
Ayush Party Limited
Unit D6, Seedbed Centre
Davidsonway
England
RM7 0AZ
Email address: [email protected]
Telephone number: 020 8142 9193
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of
the following goods [*] [for the supply of the following service [*], Ordered
on [*]/received on [*]______________________(date received)
Name of consumer(s):
Address of consumer(s):
|
Signature of consumer(s) (only if
this form is notified on paper)
|
Date