The Party Shack
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Terms & Conditions Terms & Conditions
  1. This website is owned and operated by The Party Shack.
  2. Access to the secure areas of this Website is restricted to: a) persons who are authorised customers of The Party Shack ("Customer"), and b) Internet Service providers who provide their subscribers with access to the world wide web. Access by any other person to the secure areas of this Website is strictly prohibited.
  3. Access to this Website by each Customer is expressly conditional upon its acceptance of, and compliance with, the terms, conditions, notices and disclaimers contained or referred to in this document ("Terms and Conditions").
  4. The Party Shack reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should refer to them periodically of your own accord. This Website is provided for the purposes of allowing the Customer to do the following with an industry standard web browser (referred to collectively as the "Authorised Purposes"): a) access as presented on this Website information about The Party Shack , the terms of the relationship between the Customer and The Party Shack, and the goods and/or services presented on this Website, and b) communicate to The Party Shack the Customer's desire to purchase goods and/or services presented on this Website. The Customer must use this Website solely for the Authorized Purposes.
  5. Upon account opening, The Party Shack will provide the Customer with a Unique Account Name and an Access Password which the Customer may use to gain access to the secure areas of this Website. The Customer may also use this Account Name and Password to gain access to the ordering area of this Website where the Customer may place an order.
  6. The Customer must not disclose the Account Name or Access Password to any third party. The Customer must inform The Party Shack immediately if the Account Name or any Password is disclosed in any manner contrary to the Terms of Use. The Customer will be responsible for all activity (including purchases) by any person who accesses this Website using the Customer's Account Name or Account Password.
  7. Notwithstanding anything in the Terms of Use or any other agreement between the Customer and The Party Shack, all orders made on this Website are subject to acceptance by The Party Shack, and no order will be deemed to be accepted by The Party Shack until such acceptance has been confirmed to the Customer.
  8. If the Customer wishes to retain a hard copy of any order it places on this Website, the Customer may print the relevant order confirmation as provided for on this Website using any industry standard web browser. The presentation of an order confirmation on this website indicates only that the relevant order has been received by The Party Shack.
  9. The decision by The Party Shack whether or not to accept or fulfil any order will be based inter alia upon the Customer's account and credit status at the relevant time. The Party Shack reserves the right to delay or cancel any order at any time (including at the time of fulfilment).
  10. If the Customer wishes to cancel any order, it must do so by contacting The Party Shack customer service by phone or email within one hour of the order placement, but no order will be cancelled after it has left The Party Shack premises for shipping regardless of when this occurs.
  11. The Party Shack warranty procedures will apply to all items which the Customer wishes to return.
  12. All prices quoted are in Australian dollars and are inclusive of GST unless otherwise stated. Prices are subject to change without notice. We reserve the right to make adjustments to information or pricing due to typographical errors, market fluctuations, manufacturers price changes etc. that may occur at any time.
  13. The Customer expressly authorizes The Party Shack to communicate with it via e-mail or phone regarding any order the Customer places on this Website, the Customer's account and/or credit status and other confidential information including the Password which the Customer must enter to access this Website. The Party Shack will send such e-mails to the e-mail address specified by the Customer at the time of account opening or as otherwise advised by the Customer to The Party Shack either expressly in writing signed by an authorized representative of the Customer or on Registration Document which the Customer submits to The Party Shack as part of its application to gain access to this Website.
  14. The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on the Customer in relation to the provision by The Party Shack of this Website (including the various functions contained on this Website) which cannot be excluded, restricted or modified ("Non-excludable Rights"). The Party Shack does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
  15. Except as provided for by the Non-excludable Rights: a) this Website (including all Content and functions) is provided "as is" and without warranties of any kind, either express or implied, b) The Party Shack and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) The Party Shack does not warrant that any functions on this Website (including inter alia the Customer's access to this Website) will be uninterrupted or error-free, that any defects will be corrected or that this Website or the server which stores and transmits Content to the Customer or any other person accessing this Website are free of viruses or any other harmful components, d) The Party Shack does not warrant or make any representations regarding any the Customer's access to, or the results of the Customer's access to, this Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
  16. Under no circumstances (including but not limited to any act or omission on the part of The Party Shack) will The Party Shack or its affiliates be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Website or any Content.
  17. To the fullest extent permitted by law, The Party Shack liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of The Party Shack to the following:
    in the case of services supplied or offered by The Party Shack,
    (a) the supply of the services again, or
    (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by The Party Shack,
    (c) the replacement of the goods or the supply of equivalent goods,
    (d) the repair of such goods,
    (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or
    (f) the payment of the cost of having the goods repaired.
  18. All goods supplied by The Party Shack are at the purchaser's risk immediately from delivery. However, title of the goods remains with The Party Shack until the invoice is paid in full.
  19. Prices are subject to change at the time of publication. The Party Shack reserves the right to vary and change the items listed in this price list. While every effort is made to ensure accuracy of information, The Party Shack cannot take responsibility for any errors and omissions.
  20. The Party Shack shall not be responsible for any loss or damage howsoever caused to the property or person of the customer or any third party as a result of any defect in the goods whether patent or latent, and the customer indemnifies The Party Shack against any claims against it by any third party arising out of any such defects.
  21. All items in this price list are subject to availability, changes in price, and changes to specifications from date of publication.
  22. If The Party Shack is prevented from delivering the goods because of any act of God, war, strike, lock-out, industrial dispute, government legislation or intervention, fire, flood, transport delays or any other cause beyond its control then it shall be entitled at its option to either extend the time for delivery until a reasonable period after such cause has ceased or to terminate the sale and in neither case shall the purchaser have any claim for loss or damage against The Party Shack.
  23. All freight charges are the responsibility of the customer. The Party Shack will accept no responsibility whatsoever for goods lost or damaged in transit. If insurance is required we suggest you contact your insurance The Party Shack to ensure your goods are adequately covered.
  24. The goods shall remain the absolute property of The Party Shack as legal and equitable owner and property in the goods shall not pass to the purchaser until the purchase price has been fully paid.
  25. The following trademarks which appear on this Website are owned by The Party Shack and its affiliates.
  26. All other trademarks on this Website, registered or otherwise, are trademarks of their respective owners
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The Party Shack - Shop 5/535 Geelong Rd Brooklyn VIC 3012     Ph: (03) 9314 6695

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