Terms and Conditions
TERMS & CONDITIONS OF BUSINESS
These are the terms and conditions that you must agree to before placing your order. References below to "Play Chest, “we” or “us” shall be read as references to Play Chest Limited.
By accessing or using any part of our website at www.playchest.co.uk (Website), Customer agrees to be bound by the Terms and Conditions of this Agreement. If Customer disagrees with any part of the Terms and Conditions of this Agreement, then you may not access the Website or purchase Play Chest goods and/or services.
These Terms and Conditions relate to the purchase and use of Play Chest services including but not limited to party packages and purchase of goods including but not limited to Disposable Tableware.
LEGO®, the LEGO® logo, the Brick and Knob configuration and the MINIFIGURE figurine are trademarks and/or copyrights of the LEGO Group of Companies, which does not sponsor, authorise or endorse Website. Trackmaster™ and Thomas & Friends™ are trademarks and/or copyrights of Fisher-Price, Inc., which does not sponsor, authorise or endorse Website. ATARI® is a trademark and/or copyright of Atari Interactive, Inc., which does not sponsor, authorise or endorse Website. Super Nintendo®, the Game Boy® are trademarks and/or copyrights of Nintendo Co., Ltd., which does not sponsor, authorise or endorse Website. MEGA DRIVE® is a trademark and/or copyright of SEGA Games Co., Ltd., which does not sponsor, authorise or endorse Website. Playstation® is a trademark and/or copyright of Sony Interactive Entertainment Inc., which does not sponsor, authorise or endorse Website.
All content provided on Website is for informational purposes only. Play Chest makes no representations as to the accuracy or completeness of any information on this site or found by following any link to an external webpage.
For more information please contact us at Play Chest, 119 Victoria Road East, Thornton Cleveleys, Lancashire, FY5 5HQ, by calling 01253 462628 or emailing firstname.lastname@example.org.
1. Information about Play Chest
Play Chest Limited is a company registered in England and Wales with company number 11044770, providing Party Experiences, entertainment services and party goods.
2. Contract Formation
This agreement is made between Play Chest and the Customer upon payment for Play Chest goods and/or services.
3. Deliveries and Collection
3.1 DPD or Royal Mail will fulfil delivery of Customer’s goods and/or services. Play Chest will inform Customer before, during or after completion of Customer’s purchase the estimated delivery date and estimated collection date if required.
Delivery of Customer’s goods and/or services will be deemed to have been successful if Play Chest is not notified within one working day of the estimated delivery date that goods and/or services have not been delivered.
3.2 Play Chest run and manage an efficient and effective service. Occasionally the delivery of Customer’s goods and/or services may be delayed by circumstances outside our control. If for any reason we are unable to deliver the goods and/or services within the original approximate timeframe then we will notify Customer of the delay and new timeframe as soon as possible.
3.3 Should the Customer not take the goods immediately upon delivery, we may store the goods if possible, at the Customer’s risk. Such storage of goods does not release the Customer from the agreed service after we have made the goods available.
3.4 If Customer’s goods and/or services require a collection service then Play Chest will notify Customer the collection details up to 48 hours before the collection date. Usually this is done prior delivery and a return delivery label will be included within the package.
3.5 If Customer’s goods and/or service require a collection then it is the Customer’s responsibility that all returned goods are secure within the transit box provided. Any damage or loss of parts during transit, due to goods not being packaged properly, will be chargeable to Customer.
3.6 If Customer’s goods and/or service require a collection and collection is failed due to fault of the Customer then a late fee of £40 will be charged. Play Chest will automatically arrange collection for the next working day. Play Chest will charge a late fee of £40 for every failed collection until collection is successful. This fee will be applicable unless waivered in part or in full by Play Chest.
4.1 Customer has read and understood all features of the Play Chest goods and/or services required found on the Play Chest Website.
4.2 If Customer has booked a Play Chest Party Experience then Customer will read and understood all safety warnings included within package before use. Please notify Play Chest immediately if the Play Chest Party Experience does not contain safety warning information.
4.3 Customer hereby acknowledges that any reliance upon any materials shall be at Customer’s sole risk. Play Chest reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the goods and/or service or materials.
4.4 Some goods included in a Play Chest Party Experience do not require returning such as disposable tableware (cups, plates, napkins) and prizes for party games. Customer must read the Party Experience description carefully at Website. Details will also be included within the delivered Play Chest Party Experience.
5. Damage to Goods Included within Play Chest Party Experience
All goods included within our Party Experience, and rented to Customer, need to be handled with care. We expect Customer to return all goods in good condition as to be reused. Any damage or loss of parts would be chargeable. Below are few kinds of damage that is deemed as unacceptable:
Severe scratches and/or bite marks
Use of pens, markers and/or crayons
Play Chest appreciates that an odd piece can go astray. We do not usually charge for a few missing generic pieces that's cheaply replaceable, however if the difference in weight is more than a few generic pieces and/or less generic pieces are not returned such as MINIFGURES, golf mat, garden games, etc, then Customer will be charged. Any LEGO set that is returned and found to be missing more than 50 grams of pieces will be charged at £3.00 for every 50 grams, any missing MINIFGURES will be charged at £2.00 each, any missing baseplates will be charged at £9.00 each and all other items that require replacing will be valued upon return.
6. Service Amendment
6.1 Customer may upgrade a booked Play Chest Party Experience if the required Play Chest Party Experience is available on the chosen date and the additional price is paid. We do not refund any difference if a Customer wishes to downgrade to a lower Play Chest Party Experience.
6.2 Customer may change the date of their booking if the new date is available. We do not permit a change of date if Customer’s Play Chest Party Experience is due to be dispatched within six weeks.
7.1 Play Chest will offer a 50% refund of any Play Chest Party Experience if the Customer wishes to cancel a Play Chest Party Experience unless the Play Chest Party Experience is due to be dispatched within six weeks. Play Chest will not refund any Play Chest Party Experience if it is due to be dispatched within six weeks.
7.2 All deposits are non refundable.
7.3 Some of the items included within a Play Chest Party Experience are rented such as LEGO. On rare occasions where a customer does not return a party package on time or retun delivery is delayed by the courier then this can cause a delay to the subsequent booking. Play Chest take precaution in this event by stocking excess party packages. If Play Chest cannot fulfil any booking on time then Play Chest will offer a full refund. Play Chest is not responsible for any loss due to a delay or cancellation of Play Chest services (9.3). An example loss would be financial loss of venue hire.
7.4 Any part or full refund agreed will be made within 30 days.
8.1 The deposit is non-refundable once paid (7.2).
8.2 The balance of the price of a Play Chest Party Experience must be paid at least 6 weeks before delivery date. Any oustanding payment not paid at least 6 weeks before delivery date will result in cancellation and the deposit will be non-refundable.
9. Personal Information
10. Play Chest’s Warranty and Indemnity
10.1 Play Chest warrants that to the best of its knowledge and belief the created work shall not infringe any third party rights or be in any way contrary to English law, subject to any legal or other advice provided to Play Chest and communicated to the Customer.
10.2 Play Chest maximum aggregate liability to the Customer under the Agreement shall in no circumstances exceed an amount equal to sale price of goods and/or services;
10.3 Play Chest shall not be liable for: (i) any loss or damage suffered by the Customer arising out of any act, omission, misrepresentation or error made by or on behalf of the Customer or arising from any cause beyond Play Chest's reasonable control; or (ii) any consequential loss or damage of any kind whether caused by tort (including negligence), breach of the Agreement or otherwise, and whether or not such loss or damage was foreseeable; or (iii) any loss due to a delay or cancellation of Play Chest services.
10.4 The provisions of this clause shall survive the expiry or termination of the Agreement.
11. The Customer's Warranty and Indemnity
11.1 The Customer warrants that to the best of its knowledge, information and belief all information supplied to Play Chest before, during and after the Agreement shall be accurate and not in any way contrary to English law and that it is entitled to provide such information to Play Chest for its use without recourse to any third party.
11.2 The Customer shall indemnify and keep indemnified Play Chest from and against any and all damage, loss, costs, expenses (including legal costs and expenses) and liability whether civil or criminal which Play Chest may incur or suffer resulting from any act, neglect or default of the Customer or its agents, employees or licensees, or from the infringement of the intellectual property rights of any third party or any successful claim for defamation, or from any governmental investigation, proceeding or administrative hearing regarding Services under this Agreement, or from any issue of safety or product liability or the nature, use or performance of the Customer’s products or services, provided that such liability was not incurred by Play Chest through any default in performing its obligations under the Agreement.
11.3 The provisions of this clause shall survive the expiry or termination of the Agreement.
12. Customer's Property
Play Chest shall take reasonable care of any property belonging to the Customer and made available to Play Chest for the purpose of this Agreement. Such property shall be at all times at the sole and entire risk of the Customer, and Play Chest shall not be subject to any other liability for it.
The Customer may not assign, sub-license or sub-contract the Agreement or any of its rights or obligations hereunder.
14. Force Majeure
14.1 Neither party shall be liable for any delay in performing or failure to perform its obligations under the Agreement to the extent that and for so long as the delay or failure results from any cause or circumstance whatsoever beyond its reasonable control (an "event of force majeure”) provided that the event of force majeure is not due to the fault or negligence of that party. Each party shall use its reasonable endeavours to minimise the effects of any event of force majeure.
15. Entire Agreement, Amendment, Waiver
15.1 The Agreement, these Standard Terms of Business and the documents referred to in them contain the whole agreement between the parties and supersede any previous agreement between them relating to the subject matter of the Agreement, whether written or oral. The parties acknowledge that neither of them has relied upon any representation, written or oral, of any person but only as expressly set out in the Agreement.
15.2 No failure of either party to enforce at any time or for any period any term or condition of the Agreement shall constitute a waiver of such term or of that party's right later to enforce all terms and conditions of the Agreement.
If any provision of the Agreement is declared by any judicial or other competent authority to be illegal, void, voidable or otherwise unenforceable, or indication of the same is received by either of the parties from any relevant competent authority, such provision shall be deemed severed from the Agreement and the remaining terms of the Agreement shall remain in full force and effect.
Any notice to be served on the other party shall by sent by recorded delivery, registered post or e-mail. Notices sent by registered post or recorded delivery shall be deemed to be served within 72 hours of posting, and by email within 24 hours, if sent to the correct e-mail or address of the addressee.
18.1 It is free to enter a Play Chest competition.
18.2 All competition entrants must be aged 18 years or over.
18.4 All competition data will be deleted within 24 hours of the competition draw, except the winners data, to allow us to contact them.
18.5 The competition page will clearly display the competition closing date. No entrants data received after the closing date will be included in the draw.
18.6 Play Chest will make reasonable efforts to contact the winner for a maximum of 30 days. If the winner is unreachable within 30 days then the prize will be deemed unwanted and the right to the prize will become void.
18.7 Play Chest may partner with suppliers or other companies to run a joint competition. Play Chest will not disclose your information to these companies unless you opt to receive communications from them.
18.8 The prize is subject to availability.
18.9 The competition page will clearly display the end usage date for the prize, this usually around 12 months.
18.10 Play Chest reserves the right to reject an entry.
18.11 Only one entry is permitted per person.
19. Proper Law and Jurisdiction
The Agreement is governed by and is to be construed in accordance with the laws of England, Wales and Northern Ireland and each party hereby irrevocably agrees to submit to the exclusive jurisdiction of the Courts of England, Wales and Northern Ireland.