Our Terms and Conditions

The use of, sale and purchase of products from this website, are governed by the Terms and Conditions, as outlined on this page. Your use of this website confers your agreement to these Terms and Conditions.    

We are delighted that you have chosen to shop with us, but the law states that we do need to point some things out to you before doing so and we need to make you aware of some things before finalising your purchase from us.This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our Website www.specialadditions.co.uk (our site or any subsequent URL that may replace it) to you. Any reference to “us”, “our” and “we” in these terms and conditions are a reference to Special Additions.Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.  You will be asked to confirm your acceptance of these terms and conditions upon registration by ticking the appropriate box. We may amend these terms and conditions at any time without prior notice to you so you must review them on a regular basis.

You should print a copy of these terms and conditions for future reference. 

1.                   Who we are

www.specialadditions.co.uk  is a site operated by Special Additions (we).  Our main trading address is “Party Palace”, Priorslee, Telford, TF2 9UT-11.  email: customercare@specialadditions.co.uk.

2.                   Your details and use of our website

By placing an order through our site, you warrant that:

(a)            You are legally capable of entering into binding contracts; and

(b)            You are at least 18 years old;

(c)            That you are over 18 years of age and have completed our registration process before you can make purchases form this Website.

(d)            In registering to use this Website you must ensure that the personal details provided by you when you register are accurate, current and complete in all respects and you must inform Special Additions immediately of any changes to that information by updating your personal details either on the Website or contacting us.

(e)            You are purchasing the Products for personal, non-commercial use. Products are not and will not be supplied for resale. If you are a trade customer then please contact us on 01952 30 30 40 for details of our trade and wholesale service.

(f)             You are solely responsible for the maintenance of your account details and security and maintaining the confidentiality and security of your password and account and any activities that occur via your account. Special Additions shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or your account.

3.                   The contract between you and us

3.1                After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched and is going to be delivered (the Delivery Confirmation). The contract between us (Contract) will only be formed when we send you the Delivery Confirmation. 

3.2                The Contract will relate only to those Products whose dispatch and delivery we have confirmed in the Delivery Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Delivery Confirmation.

4.                   Our status with you

4.1                Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.

4.2                We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

5.                   Your Consumer rights

5.1                If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (see clause 9). 

5.2                To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession.

5.3                You will not have any right to cancel a Contract for the supply of any of the following Products:

5.3.1 Any item supplied by us which has been personalised with logos, photographs names and any information which would make such a Product specific to you;

5.3.2 In the interests of hygiene, any cosmetic and/ or any  item that is a hair product that has been delivered to you, cannot be returned;

5.3.3Any items of a perishable nature including sweets chocolates and other items with a limited shelf life.

This provision does not affect your statutory rights.

6.                   Availability and delivery

Your order will be fulfilled by the delivery date set out in the Delivery Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Delivery Confirmation, unless there are exceptional circumstances. In the event that the Products are unavailable, you will be notified by us via telephone in the first instance. If you are unavailable by telephone, then we will send an email to the address provided by you when making the order.In the event that you do not respond to the telephone call or email that we send to you, and you require next day delivery, if there is an item that is out of stock, we reserve the right to replace the item with an alternative item of similar nature / quality to the item that you have requested. To avoid any delay in your order please ensure that your personal details are up to date and inform us immediately of any changes to the information that you provide when registering in accordance with condition 2.

7.                   Ownership of the products

7.1                The Products will be at your risk from the time of delivery by whatever delivery method is used as set in the Delivery Guide. In the event of any special instructions that there may be in relation to the delivery of the Products, we cannot be held responsible for any losses, acts, errors or omissions that may occur as a result of the chosen delivery method and any special instructions given .

7.2                Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

8.                   Price and payment

8.1                The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

8.2                These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide which is available on our Website. Please note that the details thereof may change from time to time due to increases in delivery charges which are outside our control.

8.3                Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Delivery Confirmation.

8.4                Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

8.5                We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

8.6                Payment for all Products must be by PayPal or by cash on collection of the Products from the premises as referred to in condition 1. We use PayPal because it is a secure means of providing payment. We cannot be held responsible for any errors or omissions that may occur due to the use of Paypal. In using the Paypal method of payment you do so on the basis of acting in accordance with their terms and conditions of use and security policy.

9.                     Our 100% money back guarantee & refunds policy

9.1                We appreciate that sometimes there may be an issue with a product or, for some reason, you may not like it. So, when you return a Product to us:

(a)            because you have cancelled the Contract between us within the seven-day cooling-off period, and provided the goods are unused, are in a re-saleable condition and have not been altered to your specifications, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.

(b)            for any other reason (for instance, because have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 10 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. 

9.2                We will usually refund any money received from you using the same method originally used by you to pay for your purchase. 

10.                Our liability

10.1            We make no warranty as to the quality of the Products supplied. All Products supplied by us comply with EU regulations in terms of safety and quality and bear the EU CE or equivalent quality and safety mark where appropriate .If it is the case that the Products are not fit for their purposes as supplied to you then we will ensure that your money is refunded in accordance with our policy or where reasonably possible, we will endeavour to replace the Products with a substitute.

10.2            Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased and any losses which are a reasonably foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. We cannot be held responsible for your failure to adhere to the recommendations of use by the manufacturer in respect of each component of the Product and or any legislation subsisting in relation to the use of the Product.

10.3            This does not include or limit in any way our liability:

(a)            For death or personal injury caused by our negligence;

(b)            Under section 2(3) of the Consumer Protection Act 1987;

(c)            For fraud or fraudulent misrepresentation; or

(d)            For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

10.4            Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.

10.5            You agree to indemnify Special Additions, its officers, directors, employees, agents and suppliers against all claims, liabilities, damages, losses, costs and expenses including reasonable legal fees and / or settlement sums suffered, incurred or paid by Special Additions arising as a result of :

(a)            Any breach of these terms and conditions by you or any other person accessing this Website using your password and/or your personal details;

(b)            A claim by a third party that your use of the Website is defamatory, abusive or offensive, is of an obscene or pornographic nature, is illegal or constitutes a breach of any applicable law, regulation or code of practice;

(c)            Any claim by a third party that your use of the Website infringes that party’s intellectual property rights of whatever nature; and

(d)            Penalties imposed by a regulatory authority arising as a result of your use of the Website.

11.                Reservation of intellectual property rights

All intellectual property rights in the design, content and arrangement of the Website (including its text and graphics, all software compilations or underlying source code, and all other materials on the Website) are reserved to Special Additions or our content or / technology providers. You may print parts of this Website in connection with ordering the Products from us but you may not use any materials contained in the Website for any other purpose unless with our express consent which must be obtained in writing.

 

12.                Import duty

12.1            If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

12.2            Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

13.                Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14.                Notices

All notices given by you to us must be given to Special Additions at “Party Palace”, Priorslee Telford TF2 9UT emails customercare@specialadditions.co.uk We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

15.                Transfer of rights and obligations

15.1            The contract between you and us is binding on you and us and on our respective successors and assigns. 

15.2            You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

15.3            We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

16.                Events outside our control

16.1            We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 

16.2            A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a)            Strikes, lock-outs or other industrial action.

(b)            Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

(c)            Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

(d)            Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(e)            Impossibility of the use of public or private telecommunications networks.

(f)             The acts, decrees, legislation, regulations or restrictions of any government.

16.3            Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

17.                Waiver

17.1            If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

17.2            A waiver by us of any default shall not constitute a waiver of any subsequent default.

17.3            No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13.

18.                Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

19.                Entire agreement

19.1            These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

19.2            We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

19.3            Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

20.                Our right to vary these terms and conditions

20.1            We have the right to revise and amend these terms and conditions from time to time.

20.2            You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

21.                Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.