Terms and Conditions

Access to and use of this website and any information it contains is conditional on your acceptance of these terms without modification. Please read them carefully. We recommend you print out and keep a copy of them for your future reference. If you do not wish to accept any part of them, you must not use our website. Access to this website is also conditional on your agreement that any issues or dispute which may arise between you and us will be governed by English law and will be dealt with by the Courts of England and Wales only to the exclusion of the Courts of any other country.

Definitions

"You" means the user of the Site, "we", "us" and "our" means Entertainment Supplies Limited and all of its associated and subsidiary companies, "Site" means the site on the World Wide Web located at www.thepenispinata.co.uk , and "Content" means the information and other material available within the Site.

Rights Granted / Rights Reserved

The Content is for your personal use only and you may download the Content onto only one computer hard drive. You agree not to (and agree not to assist or facilitate any third party to) copy, distribute, transmit, reproduce, publish, commercially exploit or create derivative works from the Content.

Liability

In no event shall we be liable for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the Site or your use of or reliance upon the Content or any information you obtain by means of the Site whether based on contract, tort, negligence, statutory duty or otherwise, even if we or any of our suppliers has been advised of the possibility of such loss or damage.

Your statutory rights in relation to any goods or services purchased through the Site are not affected.

Links to Third-Party Sites

This Site may contain hyperlinks to other web sites. You acknowledge and agree that we are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You agree and acknowledge that you are solely responsible for evaluating any goods or services offered by us or third parties via the Site and that we will not be a party to or in any way responsible for any transactions between you and third parties.

Privacy policy

For the purposes of the Data Protection Act 1998, thepenispinata.co.uk are a data controller. This privacy policy sets out how we collect and use personal data from your visit to our website. It covers this website only. Links to other websites and any information collected by those sites are not covered by this privacy policy. You should check the privacy policy of any other website before using it. This privacy policy may be amended or added to from time to time so you should regularly check it.

We will only process personal data as set out in this privacy policy or otherwise notified to or agreed by you or as we are permitted to do in accordance with the Data Protection Act 1998.

We take appropriate technical and organisational measures which are intended to prevent unauthorised or unlawful processing of personal data and accidental loss or destruction of, or damage to, personal data.

Retail Terms & Conditions

Purchase of Goods from Thrid Parties
We will use our reasonable endeavours to indicate whether goods or services which are advertised on the Site are being offered for sale by us or by a third party. Goods are offered by a third party ("Third Party Goods") where:
i. the Site contains a link to a third party site where you may choose to purchase any goods or services offered for sale on that site (whether or not such goods or services are advertised on the Site); or
ii. you may make an enquiry with us regarding goods or services offered by any third party, we then pass that enquiry on to the relevant third party or you contact that third party yourself, and you may subsequently decide to purchase such goods or services.

Where you choose to purchase Third Party Goods, the contract governing such purchase shall be between you and the relevant third party and on the standard terms and conditions (if any) of such third party for the purchase of such goods or services.

You agree and acknowledge that you are solely responsible for evaluating Third Party Goods. You acknowledge any bookings or purchases of Third Party Goods made by you through the Site shall be subject to terms and conditions of the third party supplying the goods and/or services concerned and that we will not be a party to or any way responsible for or liable to you in respect of any transactions between you and third parties.

We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party.

Terms of Purchase of Goods or Services from Entertainment Supplies Ltd
All orders for goods ("Goods") and on-line or offline pay-services ("Services") (together "Products") from a buyer ("you") accepted by Entertainment Supplies Limited ("we/us") on or through the thepenispinata.co.uk website ("Site"), which are not goods or services offered for sale by a third party are subject exclusively and strictly to the following terms and conditions ("Purchase Terms") (which, in the event of a conflict, take priority over the terms and conditions of use of the Site):

Price and Delivery of Products
• The price of the Products shall be the price quoted on the site. Payment details must be provided by you on the date that we accept your order.
• In respect of Goods only: the delivery of Goods shall be subject to payment by you of the delivery charges specified on the Site, which may be changed by us at our discretion.
• At present for the purchase of most Goods, including all personalised products, there is one delivery method; Standard delivery, charged at £4.99. For Express delivery, please email us and we will quote you a price.
• Please be aware that we do not despatch to our customers until all stock is available on your order.
• Express Delivery excludes delivery on Saturday and Sunday.
• Please note that we cannot deliver to a PO Box number.
• You confirm that you have given us the correct billing address of your credit/debit card and, in respect of Goods and if different to the billing address, that you have also notified us of the correct delivery address.
• All Goods are delivered depending on size/weight either by Royal Mail or other suitable carrier, delivery being Monday to Friday. To ensure that you have received your Goods, the carrier may request a signature for proof of delivery, therefore please select a delivery address most convenient to you. Provided that your order is placed by 5pm, then subject to availability, dispatch of Goods within the UK using Standard delivery will normally be made within three (3) to four (4) working days. For guaranteed Next Day delivery orders must be received before 1200 noon. Orders received prior to 12pm will be delivered the next working day - this excludes Saturday and Sunday. The above includes all dispatches except orders containing Special Order and Personalised Products. We will endeavour to notify you either if there will be a delay or if the item is no longer available.
• Please note that delivery charges may vary according to goods purchased or type of delivery service (eg. express or overseas) required. We will also inform you if that is the case.

Value Added Tax (VAT)
Prices displayed on goods include VAT (where applicable).
For UK (including Northern Ireland and Isle of Man but excluding the Republic of Ireland and the Channel Islands) and all EEC member states VAT is charged on any goods you purchase (where applicable). For the rest of the world (including the Republic of Ireland and the Channel Islands), NO UK VAT is charged if the goods purchased are delivered outside the UK but please be aware you may be subject to the charges of that particular country.

Payment
• Payment can be made by PayPal. Payment will be debited from your account before the despatch of your purchase.
• You must confirm that the credit/debit card that is being used is yours.
• You may also order by telephone, by calling 07954 306855 Monday to Friday, 9am-5pm. Please have to hand the details of the goods you wish to purchase.
• We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

Risk and Property
The provisions in this Clause 3 relate only to Goods.
• Once the Goods have been received by you, all risk of damage to, or loss of, the Goods shall pass to you.

Warranties and Replacements
• Other than as expressly provided in these Terms & Conditions, and except where the Products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations), we exclude all conditions, terms, representations (other than fraudulent or negligent representations) and warranties relating to the Products, whether imposed by statute or by operation of law or otherwise, that are not expressly stated herein, including without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose.
• Where you are dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations) your statutory rights are not affected by these Purchase Terms i.e. if the Goods are faulty or not what you ordered, in this case please provide a full description of the fault and return the defective item in its original packaging, to Entertainment Supplies Ltd., 59e Sinclair Road, London, W14 0NR, with all receipts and accessories.

Exchange / Refund
The provisions Clause 5 relate only to Goods.
The right to return goods or receive refunds does not apply to:
• If you return Goods to us within 21 days from the purchase date of such Goods in perfect condition and, with the original packaging and original delivery note, then we will give you a full refund. The refund will be in the form of the original method of payment. Please send the Goods to Entertainment Supplies Ltd, 59e Sinclair Road, London, W14 0NR. Please note that where you are returning goods because of an error on our part or that it is defective, we will refund you the price of postage and packaging. Otherwise, the price of postage and packaging will not be refunded.
• Please also note that our returns policy does not affect your statutory rights as costumer, i.e. if the gifts are faulty or not what you ordered. In this case please provide a full description of the fault and return the defective item in its original box (if any) to the address above with all receipts, warranties, licences, manuals and accessories. In these circumstances we will pay for the reasonable delivery of the goods. When returning made to order items you must contact us on 07954 306855 prior to returning the items to agree a method and date for return.

Liability
• Nothing in these Purchase Terms shall exclude or limit liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
• Our liability in contract, tort, negligence, pre-contract or other representations or otherwise arising out of or in connection with these Purchase Terms or the performance or observance of our obligations under these Purchase Terms, and every applicable part of it shall be limited in aggregate to all sums paid by you to us.
• In any event, we shall not be liable to you under, or in connection with these Purchase Terms in contract, tort, negligence, pre-contract or other representations (other than fraudulent or negligent representations) or otherwise for any loss of business, contracts, profits or anticipated savings or for any indirect or consequential economic loss whatsoever.
• Each provision of this Clause 6 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the expiry or termination of our agreement.

Data Protection

Our Personal Information Policy applies.

General

These Purchase Terms shall be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the English courts.

Each of the Clauses of these Purchase Terms shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.

Modification of These Terms and Conditions

We reserve the right to change these terms and conditions from time to time. By continuing to use the Site following any such change you will be deemed to have accepted such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any such change you must immediately stop using the Site.

General

These terms and conditions are governed by the laws of England and you hereby consent to the exclusive jurisdiction of the English courts.

Each provision of these terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.