For both in-store and online collections or deliveries scheduled for future dates, we inflate balloons a day in advance. This practice helps us detect any potential issues and replace faulty items, ensuring we meet the standards outlined and minimises any customer dissatisfaction.

Therefore we ask, if possible, that any orders be cancelled at least seven days before the collection or delivery date. Where this is not practicable, we will allow cancellations no later than 48 hours before the delivery or collection.

Shorter notice cancellation must be made by telephone on 01242 578157 and discussed with our team; we are flexible with customer requests. However, where we may have inflated a particular balloon that cannot be resold it may result in us passing the loss and costs on to your order and a remaining refund issued in line with our Returns and Refunds Policy below.

If you cancel the contract (Order), we reserve the right to keep or receive an amount sufficient to cover our actual losses that directly result from your cancellation (e.g. costs already incurred or loss of profit).

We will, however, take reasonable steps to reduce our losses (e.g. by reselling the goods or services). However, in certain circumstances where personalisation has been requested, or specific items have been ordered in, the item becomes perishable. Therefore, we reserve the right to charge you the full payment of the item as this will not be able to be resold.

General

Before shipping, we reserve the right to decline, reject or similarly cancel any order or part order without notice and refund any payment in full.

Depending on stock availability, many products, especially accessories, can be procured from different suppliers. Please note, therefore, that products may come in other types of packaging. 

All prices are correct at the time of publication. The Party Hut Limited reserves the right to change, alter or amend any fee without notice. Should a product price decrease since an original purchase, contractually, we are not obligated to refund the difference. Similarly, should an increase occurs before purchase, we are not obligated to sell at the previous lower price.

Should a product be unavailable or out of stock, we may, after prior consultation, ask if a replacement product with the same or higher value be acceptable. You may agree or reject this offer. If we cannot contact you and the required date is within three days, so we do not let you down, we may decide to ship the replacement item to you with a written rationale. Should this not be acceptable upon receipt, you may return the item(s) for a full refund, including all postage. 

All goods remain the property of The Party Hut Limited until paid for in full.

Product Guarantee

Our products come with our 30-day guarantee, where you may return faulty goods for an exchange or refund the original purchase price. Your statutory rights are not affected by this.

Product Images

All images that portray balloon arrangements, foil balloons or costumes are used with the copyright holder's permission. The Party Hut make every effort to maintain clear descriptions and endeavour to use such 'up-to-date images that are representative and truly reflect the item to be purchased.

However, The Party Hut cannot be held responsible for;
[a] any perception you may have in product representation and
[b] the manufacturer's obligation of a right to change product specification, including colour or design, at any time and without notice.

It is also important to note that some colours may vary slightly from what you see on screen to the product ultimately received, depending on your monitor screen resolution and colour/display settings. Our site looks different on different computers using other browsers and has different colour and screen resolution settings.

VAT Tax Charges - General

All the prices in the store are shown inclusive and exclusive of VAT where applicable at the prevailing rates. We sell in UK Pounds Sterling (£GBP).

Example products where VAT is liable or exempt are:

• Adult clothing: Liable. 
• Child Clothing: Exempt. 
• Robes: Liable. HMRC deem all robes as accessories and not clothing. 
• Postage & Shipping: Liable. HMRC dictate we have to charge VAT on Postage & Shipping. Please do not confuse not having to pay VAT on postage stamps from the Post Office. 
• VAT is applicable to any purchase with destination address within the UK or EU and is calculated based upon the shipping address detail.

Our Location

20 Ambrose Street
Lower High Street
Cheltenham
GL50 3LL
01242 578157

This Privacy Policy describes how thepartyhut.co.uk (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

Contact

After reviewing this policy, if you have additional questions, want more information about our privacy practices, or would like to make a complaint, please contact us by e-mail at sales@thepartyhut.co.uk or by mail using the details provided below:

The Party Hut Limited, 20 Ambrose Street, Lower High Street, Cheltenham GL50 3LL, United Kingdom

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information about an identifiable individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Device information

• Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimise our Site.
• Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
• Disclosure for a business purpose: shared with our processors Shopify, GoCardless, Stripre and Xero.
• Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.

Order information

Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

Source of collection: collected from you.

Disclosure for a business purpose: shared with our processor Shopify our Electronic Point of Sale Hardware and Stripe our Payment Processing Solution.

Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.

• Customer support information
• Purpose of collection: to provide customer support.
• Source of collection: Collected by us.
• Disclosure for a business purpose: We use information collected via our website, to make decisions on how we can serve our customers better in the future. In addition, data collected will also enable us to make reliable business decision on the types of products we currently sell and what we may sell at a future date.
• Personal Information collected: Personal information collected as above, enables us to retain information about our customers and how their shopping habits. Personal information is also retained for marketing purposes. You have the right to opt out at any time preceding your purchase. However, we reserve the right to maintain this information to provide additional support to our customers should the need arise.
• Purpose of collection: to provide customer support.
• Source of collection: collected from you

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

• We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
• We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
• We may also share your information with our Marketing providers to enable us to create targeted marketing campaigns for future purchases via MailChimp and HubSpot.

Behavioural Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

• We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
• We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).
• We use Shopify Audiences to help us show ads on other websites with our advertising partners to buyers who made purchases with other Shopify merchants and who may also be interested in what we have to offer. We also share information about your use of the Site, your purchases, and the email address associated with your purchases with Shopify Audiences, through which other Shopify merchants may make offers you may be interested in.
• We use Mailchimp to collect valid and reliable marketing lists based on your purchases and shopping trends via our website. This enables us to share suitable offers to our customers that are targeted. Leaving you safe in the knowledge that we will only send marketing emails specifically based on your previous purchases.
  

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

FACEBOOK - https://www.facebook.com/settings/?tab=ads

GOOGLE - https://www.google.com/settings/ads/anonymous

BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads]

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: https://optout.aboutads.info/.

Using Personal Information

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfilment of your order, and keeping you up to date on new products, services, and offers.

Lawful basis

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

• Your consent;
• The performance of the contract between you and the Site;
• Compliance with our legal obligations;
• To protect your vital interests;
• To perform a task carried out in the public interest;
• For our legitimate interests, which do not override your fundamental rights and freedoms.

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

Automatic decision-making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We DO NOT engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

• Temporary blacklist of IP addresses associated with repeated failed transactions. This blacklist persists for a small number of hours.
• Temporary blacklist of credit cards associated with blacklisted IP addresses. This blacklist persists for a small number of days.

Your rights

GDPR

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above. 

Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

Cookies

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

Cookies Necessary for the Functioning of the Store

NameFunctionDuration_abUsed in connection with access to admin.2y_secure_session_idUsed in connection with navigation through a storefront.24h_shopify_countryUsed in connection with checkout.session_shopify_mUsed for managing customer privacy settings.1y_shopify_tmUsed for managing customer privacy settings.30min_shopify_twUsed for managing customer privacy settings.2w_storefront_uUsed to facilitate updating customer account information.1min_tracking_consentTracking preferences.1ycUsed in connection with checkout.1ycartUsed in connection with shopping cart.2wcart_currencyUsed in connection with shopping cart.2wcart_sigUsed in connection with checkout.2wcart_tsUsed in connection with checkout.2wcart_verUsed in connection with shopping cart.2wcheckoutUsed in connection with checkout.4wcheckout_tokenUsed in connection with checkout.1ydynamic_checkout_shown_on_cartUsed in connection with checkout.30minhide_shopify_pay_for_checkoutUsed in connection with checkout.sessionkeep_aliveUsed in connection with buyer localization.2wmaster_device_idUsed in connection with merchant login.2yprevious_stepUsed in connection with checkout.1yremember_meUsed in connection with checkout.1ysecure_customer_sigUsed in connection with customer login.20yshopify_payUsed in connection with checkout.1yshopify_pay_redirectUsed in connection with checkout.30 minutes, 3w or 1y depending on valuestorefront_digestUsed in connection with customer login.2ytracked_start_checkoutUsed in connection with checkout.1ycheckout_one_experimentUsed in connection with checkout.session

Reporting and Analytics

NameFunctionDuration_landing_pageTrack landing pages.2w_orig_referrerTrack landing pages.2w_sShopify analytics.30min_shopify_dShopify analytics.session_shopify_sShopify analytics.30min_shopify_sa_pShopify analytics relating to marketing & referrals.30min_shopify_sa_tShopify analytics relating to marketing & referrals.30min_shopify_yShopify analytics.1y_yShopify analytics.1y_shopify_evidsShopify analytics.session_shopify_gaShopify and Google Analytics.session

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Changes

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Complaints

As noted above, if you would like to make a complaint, please contact us by e-mail or by mail using the details provided under “Contact” above.

If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority here:  https://ico.org.uk/make-a-complaint/

Last updated: 19th October 2024 @ 14:39

All purchases from The Party Hut Limited may be returned for a refund, exchange or replacement within seven working days from receipt of delivery except balloon event displays and in circumstances where hygiene reasons apply, including; Hosiery, Fancy Dress, Wigs, Makeup, Masks and other Headwear.

Before sending the parcel back to us, please contact us for a Returns Authorisation Number. We will ask for the reason for the return, if the items have been used, damaged or broken and whether you would prefer a refund or exchange. In addition, you will need to confirm your name, order number and postcode, so please have these available.

You must include this Returns Number with your parcel, as failure to do so may delay any refund. In addition, please note:

1. You must take care of our goods whilst they are in your possession, and any item for return must be received back in its original shipped condition and original packing. The item must be without damage or use and in a suitable condition for resale. All original packaging should accompany any returned item. We cannot accept returns for exchange or refund if such items have been removed from sealed packaging (Costumes do not typically come in sealed packages, and you can try them on). We will inspect all items on their return to our store.
We are not a manufacturer, so the whole product and packaging must be returned in the same condition you would have received and how you may expect to receive it. If the product or packaging is in any way missing or damaged, we will not process your refund.

2. You or your carrier are responsible for any returned goods until they reach our shop. You may like to opt for Royal Mail's "Special Delivery" service if a valuable item. Cost and Risk of return will be at your expense, and we strongly recommend receiving proof of posting or using Royal Mail's "Recorded Signed" service.

3. We regret that outbound shipping, packing and insurance cannot be refunded. For exchanged items, you may be asked for a nominal fee as a contribution towards any additional postage of shipping, depending on which shipping method you require.

4. We try to make refunds within one week of receipt back to us though promise to make all refunds within 30 calendar days from receipt of goods to our shop. Please note that we will not be held liable for any interest payment you may incur because any refund was made outside your credit/debit card timescales.

5. Please return the goods to The Party Hut (Banners n Balloons), 20 Ambrose Street, Lower High Street, Cheltenham, GL50 3LL, including the Returns Authorisation Number.

6. Any returned goods we receive outside this Returns Policy will be defined as 'In Dispute'. Such In Dispute items will not be refunded or exchanged. A reason for this decision will be provided. We are happy to re-ship such In Dispute items back to you. Otherwise, they will be destroyed within 91 calendar days from their receipt back to us.

7. We cannot replace or exchange an item until the original is returned to The Party Hut. If you need an item in a hurry, we suggest you place a second order for the new item and return the original later.

Returns Policy - Faulty Goods

You should let us know if a product is faulty immediately, as we will happily refund or exchange it for you. You should let us know as soon as possible via email (or telephone first) within seven calendar days from the date of delivery or, where this was not apparent on reasonable inspection, within seven calendar days after discovery or 30 calendar days after receipt by you, whichever is the earlier.

Before sending the parcel back to us, please get in touch with us for a Returns Authorisation Number. You will be asked for the reason for the return, including whether you would prefer a refund or exchange, plus whether the item has been used. In addition, you will need to confirm your name, order number and postcode, so please have these available if you telephone. You must include this Returns Number with your parcel back to us, as failure to do so will delay any refund. May we please ask you to note additionally:

1. We shall be under no liability for any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, misuse, alteration, or repair of the ordered goods without our approval.

2. Please return the goods to the address on the top of your receipt/invoice, including the Returns Authorisation Number. Any returned items not including such information will have actions delayed.

3. Any returned goods we receive outside this Returns Policy will be defined as 'In Dispute'. Such In Dispute items will not be refunded or exchanged. A reason for this decision will be provided. We are happy to re-ship such In Dispute items back to you. Otherwise, they will be destroyed within 91 calendar days from their receipt back to us.
We are sorry, but due to false promises in the past, we cannot replace a faulty item until the original is returned to The Party Hut Limited.

1. We accept Cash payments made in GBP Sterling in-store ONLY.

2. We process our payments with three merchants depending on the payment method.

Telephone & Email Order

Orders are processed 24 hours before the date of collection or delivery. Any orders processed via Telephone and Email must be paid 24 hours before fulfilment. Therefore, failure to make payment will result in charges being cancelled or postponed until we receive confirmation.

Card Transactions In-store or via our Website

We accept payments via Shopify; providers accepted include; Visa, Mastercard, American Express, AMEX, Discover, Diners, Maestro, ShopPay, Apple Pay and Google Pay.In addition, depending on certain types of orders a deposit may be taken therefore this will be processed either via Stripe or Square Payments using an alternate PDQ.

Payments via our Finance system provided by XERO

When we issue invoices via our Finance System provided by XERO, these must be paid within 14 days of issue. 

Please refer to our Supply of Services to Business Customers for more information. Payments accepted via this method would either be by;

a) Faster Payments (BACS or Direct Bank Transfer)

b) One-off Payment made via GoCardless by Direct Debit

c) Payment via Card Transactions in partnership with Stripe

Application and entire Agreement

1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by The Party Hut Limited, a company registered in England and Wales under number 14299041 whose registered office is at 20 Ambrose Street, Lower High Street, Cheltenham, GL50 3LL (we or us or Service Provider) to the person buying the services (you or Customer).

2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier). These Terms and Conditions and our quotation (the Contract) are the entire Agreement between us.

3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate or which are implied by trade, custom, practice or course of dealing.

Interpretation

4. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.

5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.

6. Words imparting the singular number shall include the plural and vice-versa.

Services

7. We warrant that we will use reasonable care and skill in our performance of the Services, which will comply with the quotation, including any specification in all material respects. We can make any necessary changes to the Services to comply with any applicable law or safety requirement, and we will notify you if this is necessary.

8. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.

9. All of these Terms and Conditions apply to the supply of any goods and services unless we specify otherwise.

Your obligations

10. You must obtain any permissions, consents, licences or otherwise that we need and give us access to all relevant information, materials, properties and any other matters we need to provide the Services.

11. If you do not comply with clause 10, we can terminate the Services.

12. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).

Fees 

13. The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.

14. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.

15. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable daily rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.

16. The Fees are exclusive of any applicable VAT and other taxes or levies imposed or charged by any competent authority.

Cancellation and amendment

17. We can withdraw, cancel or amend a quotation if you have not accepted it or if the Services have not started, within a period of 7 days from the date of the quotation, (unless the quotation has been withdrawn).

18. Either you or we can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.

19. If you want to amend any details of the Services, you must tell us in writing, via email or by speaking to one of our team via the telephone as soon as possible. We will use reasonable endeavours to make any required changes, and additional costs will be included in the Fees and invoiced to you.

20. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided; we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.

Payment

21. We will invoice you for payment of the Fees either:

a. when we have completed the Services; or

b. on the invoice, dates set out in the quotation.

22. You must pay the Fees due within 14 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.

23. Time for payment shall be of the essence of the Contract.

24. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 8% per annum above the base lending rate of the Bank of England per day on the amount outstanding until payment is received in full.

25. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law. Neither of us can assert any credit, set-off against the other to justify withholding payment of any such amount in whole or in part and you must not counterclaim due to our recovery proceedings in the following clauses.

26. If you do not pay within the period set out above, we will suspend any further provision of the Services and cancel any future services that have been ordered or otherwise arranged with you. If you are currently renting helium cylinders, we will remove these from your premises(s) and will charge accordingly the collection and time taken to recover these items, within 7 days of late payment. A further collection fee of £9.99 per cylinder will be applied.

27. Late payments preceding 7 days of the agreed payment date and following reasonable attempts in our internal collections will result in the issuing of a ‘Final Letter before commencing legal action’ this will stipulate the outstanding invoice references; totals and the time frames being disputed by us and next steps.

28. Failure of payments outlined in the above clauses (21), (22), (23), (24), (25), (26); Will result in legal proceedings taking place and will be issued in accordance with the Practice Direction on Pre-action Conduct (the PDCA) contained in the Civil Procedure Rules.

29. We will issue receipts for payment only at your request.

30. All payments must be made in British Pounds unless otherwise agreed in writing between us.

Sub-Contracting and assignment

31. We can assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate any or all of our obligations to any third party.

32. Without our prior written consent, you must not assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.

Termination

33. We can terminate the provision of the Services immediately if you:

a. commit a material breach of your obligations under these Terms and Conditions; or

b. fail to make payments of any amount due under the Contract on the due date for payment; or

c. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or

d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or

e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed, or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.

Intellectual property

34. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

Liability and Indemnity

35. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation shall be limited as set out in this section.

36. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.

37. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:

a. Any indirect, special or consequential loss, damage, costs, or expenses or;

b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or

c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or

d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or

e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.

38. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.

39. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Data Protection

40. When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.

41. The parties agree that where such Processing of personal data takes place, the Customer shall be the 'data controller' and the Service Provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.

42. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.

43. The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer and shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.

44. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.

45. The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.

46. Further information about the Service Provider's approach to data protection are specified in its Data Protection Policy, which can be found at https://thepartyhut.co.uk/terms. For any enquiries or complaints regarding data privacy, you can email legal@thepartyhut.co.uk.

Circumstances beyond a party's control

47. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, epidemics, pandemics or any other event that is beyond the control of the party in question. If the delay continues for a period of 60 days or more, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions; however, a deposit may be requested for the provision of goods for the supply already obtained, and we reserve the right to invoice at least the cost price as a minimum under these conditions.

Communications

48. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

49. Notices shall be deemed to have been duly given:

a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;

b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;

c. on the fifth business day following mailing, if mailed by national ordinary mail; or

d. on the tenth business day following mailing, if mailed by airmail.

50. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

No waiver

51. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right or remedy.

Severance

52. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction

53. This Agreement shall be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.