Terms of Use

Terms of Use

By using or accessing this site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this site.

About These Terms of Use

In these Terms of Use "we","our", "us" and "The Party People" means "The Party People Shop" and "The Party People Australia Pty. Ltd.", and "you" means "you, the customer" and "you, the user of the website".

Site Content

  • The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by The Party People Australia Pty. Ltd.
  • This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of us and we are not responsible for the contents of any such information or website. We provide such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by us. You rely on such information or websites entirely at your own risk.
  • Permission is granted to display, copy, distribute, download, and print in hard copy portions of this site solely for the proper and reasonable purposes of placing an order with us or as a resource in making a decision to purchase from us and we retain all copyright and other proprietary notices contained in the Contents.
  • You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these Terms of Use.
  • You are not authorised, without our prior written permission and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content.
  • No trademark (whether registered or otherwise) that is contained on this site or otherwise used by us may be used without our prior, specific, written permission or that of the trademark owner.
  • Content on our website should be used as a guide only. While every effort has been made to ensure the accuracy of prices, specifications, images and information displayed on this site, we are not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this site, or an error in your order.
  • All stock availability representations are accurate to the last known stock level but are subject to change at any time. If for any reason we cannot supply a particular item for an order placed on our website, we will notify you as soon as possible.
  • Ranges stocked at retail stores may vary from what is shown on our website.
  • You agree that you will not, (either yourself or through any third party):
  1. use any robot, spider, screen scraper, data aggregation tool or other automatic device or manual process or automated process to process, monitor, copy or extract any web pages on the Website, or any of the information, content or data contained within or accessible through the Website, without our prior written permission;
  2. use any Automated Process to aggregate or combine information, content or data contained within or accessible through the Website with information, content or data accessible via or sourced from any third party;
  3. use any information on or accessed through the Website for any commercial purpose or otherwise (either directly or indirectly) for profit or gain;
  4. use any service, software, process or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through it;
  5. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website;
  6. reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Website; or
  7. copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from the Website without our prior written permission.

Legal Capacity To Transact

  • If you are under the age eighteen (18) years you cannot place orders with us. By accepting these Terms of Use you acknowledge that you are over the age of eighteen (18) years.
  • Should we suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with us.

Advertising

Please be aware that;

  • Other websites, including google show our ads on sites on the internet.
  • Other websites, including Google, use cookies to serve ads based on a user's prior visits to our website.
  • You may opt out of Google's use of cookies by visiting the Network Advertising Initiative opt out page.

Placing Your Order

  • For details on placing an order visit our How To Purchase Page (click here). The How To Purchase page forms part of these Terms of Use.
  • By placing an Order, you make an offer to us to purchase the products you have selected based on these Terms of Use. No information on our website constitutes or should be deemed as an offer by us to supply any products; however we will make every effort to supply products to you.
  • We will notify you that your order is being processed by sending you an Order Confirmation & Tax Invoice via email; however, we do not formally accept your offer until your order has passed our internal processes.
  • We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email and/or telephone.
  • If we are unable to contact you (we will email and call in all cases so please ensure you supply the correct contact information) or if we leave a message and we dont hear back from you by the time required to send your order (which is determined at the discretion of sales assistant based on our knowledge of shipping times and your required delivery date), we reserve the right to accept part of your offer (i.e. supply only part of the order).  If this occurs we will refund the part of the order not supplies. If you selected regular post to ship your order we will not refund the postage as it is a fixed rate however if you selected express post to ship your order we will refund the incremental shipping cost incurred by you for these items which will appear on the picking slip included with your order.
  • We reserve the right to edit or cancel orders or part therof at our sole discretion.
  • For legal reasons, we have to keep records of your transactions, detail and correspondence with us. To understand how we protect this information see our "Security Policy".
  • We reserve the right to refuse service, terminate, remove, edit, or cancel accounts at our sole discretion.

Trading Hours

Our retail store is open for the trading hours listed on our website.

  • Our phone lines are open for phone calls only during trading hours.We will respond to messages left on our phones as soon as our staff can get to your request
  • All interactions and transactions with our stores can only occur during trading hours.
  • We may call you outside our trading ours or trade outside our trading hours at any time without notice.

Email Correspondence

All email correspondence between you and us will be via our website. If we send you emails, or if we reply to an email you send us, you will get an email to your personal email address with a link back to our  website where you will need to login to see the reply.

The information in this correspondence cannot be deleted by us so we can provide you with full visibility of all correspondence with you.

 

Prices

  • All prices for our products are in Australian Dollars and include GST.
  • The price of products shown excludes shipping costs as shipping costs are added separately to your order once you advise your shipping preference and location.
  • We reserve the right to change prices for products at any time. This may include items in your "Shopping Cart" which can be checked at the point of purchase before you submit your payment information. If you store items in your cart for purchase at a later time, it is recommended that you review them prior to purchasing them. You agree to pay the price current at the time of payment. 
  • Prices of products placed in the 'basket' but not paid for are also subject to change and you agree to pay the price current at the time of payment.
  • Prices on our website are usually the same as in our store/s however on occasion they may vary from those in our store/s. Prices on our website are provided solely for website purchases and some products may have pricing variability due to their ease or difficulty in shipping. 

Promotions - Discount Codes / Promo Codes

  • For the purposes of this document any reference we make to promo code, promotional code and discount code are interchangable and carry the same meaning.
  • We may from time to time provide Discount Codes to existing and/or new customers at our discretion.
  • Discount Codes can only be used on our website and not in our retail store/s unless stated otherwise.
  • Discount Codes may have additional terms and conditions that accompany them when they are issued.
  • Discount Codes are valid for 12 months from date of issue unless stated otherwise however Discount Codes may be terminated any time at our discretion without notice.
  • Each Discount Code cannot be used in conjunction with any other offer. Only 1 Discount  Code can be used per order.
  • Discount Codes offering a discount on an order only apply to the ordered items and exclude the shipping costs. i.e. No discount is offered on shipping unless stated otherwise.
  • Discount Codes can only be used by the issued recipient unless stated otherwise.
  • Discount Codes are redeemable for the stated offer only and cannot be converted into cash.
  • If an order where a Discount Code was used is refunded, the refunded monies will be at the discounted price and not the retail price.
  • Discount Codes or Daily Deals will follow all other terms and conditions of the company.
  • Discount Codes or Daily Deals used directly with one of our stores will need to follow that stores trading terms and internal processes including minimum orders and special order lead times.
  • Employees at The Party People are not elligible to use discount codes unless otherwise specified.

Events & Promotions

  • Any events or promotions held by The Party People or any company providing a promotion for The Party People products and services will be subject to these terms and conditions.
  • If the company advertises that it will donate a percentage of sales to charity this will mean that a percentage of all revenue collected on the day of the event unless otherwise specified.
  • Employees at The Party People are not eligible to participate in The Party People events or promotions unless otherwise specified.
  • If a promotion indicted a limit per order, limit per person or limit per event, these all mean that the promotion is limited to the number specified per order as well as limited to the specified number per person and is also limited to the number specified per event. For example if a deal is limited to 1 voucher per order then only 1 can be used per person and it also means only 1 can be used per person as well as that it is limited to 1 per event.

Competitions

  • Employees at The Party People are not elligible to enter any Competitions
  • Competition prizes are valid for 12months from date of issue unless specified otherwise
  • You may enter competitions as many times as you like unless otherwise specified.
  • All information and images collected from any entrant into a competition grants permission to The Party People to use the information for promotional purposes.
  • The entrant has no claim over benefits The Party People receives from use of the information or images provided by the entrant.

Lowest Price Guarantee

  • Find an identical stocked item at a lower price and we'll match it.
  • You can redeem the Lowest Price Guarantee by providing us with evidence of a lower priced product in the form of; sending us a link of the website with the lower price or provide us with an advertisement of the advertised products price. This can be emailed from the Contact Us page, scanned and emailed to us, faxed to us or posted to us. 
  • Lowest Price Guarantee applies to all products that are for sale on our website. 
  • Lowest Price Gaurantee will not be applied in conjunction with any other offer.
  • For our Lowest Price Guarantee to apply there are the following additional conditions;
    1. Competitors product must be identical (e.g. same brand, same model, same colour) and from the same manufacturer.
    2. We must be able to reasonably asses that the item being reviewed for a Lowest Price Guarantee is the identical product from the same manufacturer by viewing the evidence provided.
    3. Adequate confirmation of competitor’s lower price is required and the lower price must be the competitors price at the time we review the request to redeem the Lowest Price Guarantee.
    4. Competitor must have stock available in the quantity requested.
    5. Competitor must be an Australian retailer.
    6. You must report the lower price within 7 days prior to your purchase with us.
    7. We reserve the right to limit sales to what we consider as reasonable retail quantities.
    8. When price matching online stores we also take into account the added cost of delivery. The identical product must be able to purchased and delivered via an online store for a total price lower than the one we are offering to be eligible for Lowest Price Guarantee.
    9. The provision of the lower price (or the inclusion of bonus product or service to a value which betters the lower price if you agree for this to be an alternate means of compensation) will be the sole and exclusive compensation payable to you if you find a competitor with a lower price than us.
    10. Our Lowest Price Guarantee may be terminated or amended at any time without notice.
    11. Our Lowest Price Guarantee is subject to you complying with the relevant usual Terms & Conditions of trade.
    12. Determination of whether a product is eligible for our Lowest Price Guarantee is at our sole discretion.
  • Lowest Price Guarantee is not applicable when;
    1. Lower price is due to fire or liquidation sales, limited stock offers, members or club prices, or is offered under a joint promotion with a third party;
    2. Lower price is discounted by use of trade in, coupons, loyalty rewards, redemption of frequent flyers miles, or other offers, incentives or rewards programs to reduce the cost.
    3. Lower price is discounted because it is second hand, display stock, floor stock, end of line, limited quantity,ex demo, clearance, second hand, or similar.
    4. Lower price is offered conditionally in any way as part of a promotion or package deal.
    5. Lower price is not available to the general public.
    6. The lower price is advertised in classifieds or at auctions.
    7. We are unable to verify, using reasonable means, that the lower price or the advertised product is an identical product, or is available for purchase in the quantity required.
    8. Lower price is not advertised in print media or online.
    9. Where the only for of varification for a product is via phone call to the other organisation selling the same product.
    10. Lower price is the result of an error.
    11. Purchase is for resale or the buyer is a trade buyer or reseller
    12. We are unable to secure supply of the item in the quantity you require.

Refund & Returns Policy

  • Change Of Mind or Order Placed in Error - If you purchase a product/s from The Party People online and you change your mind, placed the order in error, added a product in error, or you do not use some of the products, we will in some cases offer a refund, credit or exchange of the item on a goodwill basis only.  "Change of Mind" returns are conditional upon the following;
    1. Items are in a suitable condition for resale
    2. The quantity of items being refunded are not a large quantity (The determination of what is considered a large quantity will be our sole discretion)
    3. The item is not;a costume, costume accessory, wigs, masks,perishables(e.g. food, candy), cosmetics / makeup, undergarments or hosiery. Due to health regulations these items cannot be resold after they are returned
    4. The item is not; a custom and personalised item, helium tank, oversized item or life-size cutouts.
    5. No refund will apply to un-used gas in helium tanks. If a tank is returned and contains some (or all) helium inside, the remaining gas inside will be forfeit as the tank cannot be resold.
    6. The item was not discounted in any way
    7. The item was not purchased as part of an order that had a discount code applied to the whole order.
    8. We reserve the right to apply a 10% re-stocking fee plus a $10 processing fee.
    9. We reserve the right to refuse to refund, credit or exchange for any reason including if we deem the products not to be suitable for resale or are in too large a quantity to sell within a reasonable period of time.
    10. You ensure all original packaging, cables, manuals, accessories and other items that came with item to be returned and that the product is in condition for resale as new. If we deem at our discretion that all the required packaging, cables, manuals, accessories and other items are not with your returned item, we may reject the return claim
    11. We reserve the right to determine if you are entitled to a refund, exchange or credit for "Change Of Mind" returns.
    12. Shipping is provided by a third party courier or post service as an additional service for your convenience and as such this is non-refundable.
    13. Please contact us if you would like to return your order and please keep in mind that it is not a requirement of a retailer to accept a return of an entire order, it is a gesture of goodwill.
  • Faulty or Damaged Products - All products that are sold by us are checked as part of our process in completing your order. On rare occasions items do become "damaged" as part of transporting the goods to you. A refund or replacement for a faulty product is conditional on the following;
    1. You must notify us of a faulty or damaged product immediately within 48 hours of it being discovered and before an event date you specify in our checkout process. If you do not specify a date of your event on your order, you must notify us of a Faulty or Damaged product within 7 days of your order. It will be at our discretion to provide a refund for products if your initial contact with us regarding an issue is after your event. It is our company policy not to provide a refund if we cannot easily and clearly confirm products have not been used.
    2. You must keep evidence of the faulty product and the carton in which it was shipped until we advise on your requested refund or exchange. We will require a photo or video of the product and package for insurance purposes to prove the issue. If the photo or video is insufficient we may request additional photo's or video's. If you dispose of the item before we approve (or reject the claim), we reserve the right to reject your claim.
    3. We will not provide a refund or replace a product that has been misused, mishandled or incorrectly installed or serviced. It is the responsibility of the customer to ensure that all instructions and advice or warnings given by the manufacturer, supplier, or us are followed.
    4. The limit of the compensation for a faulty product will be the replacement or refund of that faulty product once it has been returned to us.
    5. We reserve the right to inspect and test a product to determine if it is in our opinion faulty or damaged. It is at our discretion that we determine if an item is damaged or faulty.
    6. The delivery time for a replacement product starts from when we confirm that we will replace your product and will then follow normal the same as if the product was being dispatched as a normal order. See shipping times for details however the may vary if we need to source the product for you in which case we will notify you of delays.
    7. In the rare event that a product is Faulty or Damaged, please send a video of the Faulty product or image of the Damaged product to us within 7 days of originally notifying us of the issue. We may request that the product be sent back to us. If we require the product to be sent back to us and we find that the product is faulty we will provide a full refund (or we can send a replacement if you prefer). of the product and the shipping incurred for sending the product back to us. If the product is found to be in good working order, a refund will not be provided and you would be required to pay the shipping to have the product sent back to you.
    8. It is your responsibility to ensure that defective goods are suitably packaged for return shipping and include all original packaging, cables, manuals, accessories and other items that came with it. If we deem at our discretion that all the required packaging, cables, manuals, accessories and other items are not with your returned item, we may reject the return claim.
  • Order Issue - If you have any other problems with your order please contact us before your event date or within 7 days of receiving your order, whichever is the earlier date. If you contact us after this time we reserve the right to refuse a refund if we cannot adequatly prove an issue has occured.
  • Balloons & Decorations -  If decorations are damaged or destroyed while they are in our care, we will gladly replace them at our cost (e.g. if a latex helium balloon pop’s while we are onsite decorating a venue, we will gladly replace it at no cost to you). We will not be held responsible for any costs caused either directly or indirectly as a result of decorations that become damaged or destroyed during or after they are in your care (or your venue's care).

Our Liability

  • We will not be liable for any claim, injury, cost or liability (whether direct or indirect), loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind arising from use of our website,use of our products, use of our services, use of a third parties information, use of a third parties product, use of a third parties service and whether caused by tort (including negligence), breach of contract or otherwise.
  • Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

General

  • We operate and distribute from our New South Wales locations. These Terms Of Use shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales. If you choose to access this site from another location, you are responsible for compliance with applicable laws in New South Wales.
  • As electronic services are subject to interruption or breakdown, access to our Website is offered on an "as is" and "as available" basis only.
  • We may impose limits or restrictions on the use you may make of our Website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms of Use, we may change or remove the Website, functionality or services at any time without notice
  • You shall not assign any rights and obligations under these Terms of Use whether in whole or in part without the prior written consent from us. Any unauthorised assignment shall be deemed null and void.
  • We shall not be liable for any delay in performing any of its obligations under these Terms & Conditions if such delay is caused by circumstances beyond the reasonable control of us, and we shall be entitled to a reasonable extension of time for the performance of such obligations.
  • No employee or agent for us has the authority to vary any of these Terms Of Use.
  • We reserves the right to change these Terms Of Use at any time without notice. By continuing to use this site after any revision becomes effective, you agree to be bound by these revised Terms Of Use.
  • Neither our failure nor your failure to enforce any Term Of Use constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
  • If any provision of these Terms of Use is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms of Use and the remainder of the provisions in question shall not be affected thereby.