General Terms and Conditions of Sale
The following general terms and conditions of sale apply to all orders placed by the customer (hereinafter referred to as ”you”) with Pooka Party LLC, hereinafter referred to as “Pooka”, "us" or ”we”, at the Pooka website or mobile website, or via email (jointly referred to as ”pookaparty.com” or “the Site”).
By using pookaparty.com and/or placing an order, you agree to be bound by the general terms and conditions of sale set out herein (the ”Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please make sure you have read and understood the Terms before placing your order. If you do not agree to these Terms, please do not use or access the Site. Your use of the Site constitutes your agreement to follow and be bound by these Terms. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
The inclusion of any products or services on pookaparty.com at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
We reserve the right to amend, change or replace any part of these Terms from time to time without prior notice to you by posting updates and/or changes to our website. The version of the Terms that will apply to your order will be those on pookaparty.com at the time you place your order. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
2. Online store terms
By accepting these Terms through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of this Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
Pooka wants to provide the best possible online experience. To make this possible we need to ensure that our services runs like a clockwork. You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the hm.com site, or which impacts the security of the site, or (iii) employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the site, or to copy content from the site. We reserve the right to immediately bar access to the site and close the account of any user who violates this provision or any other provision in these terms and conditions.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. Prices and delivery charges
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue any product or service (or any part or content thereof) without notice at any time.
The prices displayed at pookaparty.com do not include the statutory Sales Tax, shipping fees or import duties (if delivery is outside USA).
The shipping fees for each order will be the same, regardless of the size or weight of your order. The cost for each delivery method is clearly indicated during the check-out process. Our standard delivery fee is $6.90 for delivery in USA and $13 for delivery in Canada. If we are unable to deliver your order in full and have to make more than one delivery, there may be an additional charge for any subsequent deliveries. Prices in store, catalogue and online may vary.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
4. Ordering/conclusion of contract
The ordering options available to you are via pookaparty.com or email. Please contact us at email@example.com for further information.
Once you have placed your order, if you have supplied us with your email address, you will receive an email confirmation, notwithstanding the receipt of an email order confirmation does not constitute our acceptance of an order. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
If for any reason we are unable to fulfill your order, we will let you know at the earliest opportunity. If we have already received payment for such order, we will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary, a Pooka representative will contact you to settle the refund.
5. Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, wholesalers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6. Delivery, shipping and returns
Pooka exercises the utmost diligence in accepting and processing orders and will endeavour to deliver your order to an address in the USA, in accordance with your selected delivery option.
Pooka endeavours to dispatch orders in the fastest possible time and in the order in which they are placed. Though we aim to deliver within the communicated time frame, delivery may take longer due to unexpected events. In the unlikely event the delivery time exceeds 30 days, you may cancel your order.
Before you place your order, you will be informed of the expected delivery details. Once you have placed your order, if you have supplied us with your email address, you will receive an email confirmation with your expected delivery details.
For more detail, please review our Shipping & Returns Policy.
7. Payment methods
You can pay for your goods in various ways as set out below.
Payment before delivery
Credit card or debit card
You can enter your payment details at the time you place your order using a valid credit or debit card. The applicable amount will immediately be reserved on your card but will not be debited until the goods are dispatched. Pooka reserves the right to check the validity of the credit or debit card, its credit status in relation to the order value and whether the address data of the purchaser is correct. We may refuse orders depending on the result of these checks.
When paying by PayPal, Pooka reserves the right to check the validity of the PayPal account, that there are enough funds to cover the purchase sum and validate the billing address details of the purchaser. The applicable amount will immediately be reserved on your PayPal account but will not be debited until the goods are dispatched from the warehouse. Pooka reserves the right to deny any purchase.
Pooka gift cards
You can choose to pay the whole or part of your order placed at our website with Pooka gift cards.
You will receive the legally required invoice document in the Shipping Confirmation e-mail.
8. Our Liability
Nothing in these Terms shall exclude or limit Pooka's liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.
Pooka accepts liability for death or personal injury caused by our negligence or that of our employees and representatives. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or representatives. If we breach these Terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such breach.
Pooka is not responsible for indirect losses which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity; or for failure to deliver the goods or to meet any of our other obligations under these Terms where such failure is due to an event that is beyond our reasonable control, which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident and terrorist activity.
Our maximum liability to you for any loss or damage arising in connection with your order on pookaparty.com shall be limited to the total price of your order.
9. Accuracy of Information on the Site, Colors and measurements
We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of products on the Site are subject to change at any time without notice.
We have made every effort to display as accurately as possible the colors, attributes and images of our products that appear at the store. However, the colour you see will depend on your computer system, and we cannot guarantee that your computer monitor's display of any color will be accurate.
An item’s measurements given on pookaparty.com are only approximate values to give you a better understanding of the model or dimensions of that specific item, and not a definite guarantee of the actual measurements of the item you receive. The final measurements of an item may vary depending on the material used in its production.
We do not warrant the accuracy or completeness of the information, content or materials provided through the Site.
If there are defects in the goods you have purchased, Pooka abides by all statutory guarantee regulations. If you have a complaint regarding obvious material or manufacturing faults in goods that we have supplied, including damage incurred in transit, please let us know by returning the goods to us pursuant to our Return Policy.
11. Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Term.
12. Third-Party Links
Certain content, products and services available via our Site may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
13. User Comments; Feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
14. Personal Information and Data
15. Errors, Inaccuracies and Omissions
Occasionally there may be information on the Site or in the products description that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the product or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the product or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
16. Prohibited Uses
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
17. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service, the Site or availability of products will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the Site or service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Pooka Party, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Site, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Pooka Party and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Site, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Pooka reserves the right to assign or pledge to third parties any claim(s) for payment including any payment instalments which have arisen in connection with the delivery of goods.
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other Terms shall continue to apply.
23. Ownership of rights
All intellectual property rights, such as trademarks and copyrights at pookaparty.com remain with POOKA PARTY LLC and its subsidiaries, affiliates or licensors. Any use of pookaparty.com or its contents, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of Pooka.
24. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on the Site or in respect to purchase of products or services constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
25. Governing Law
These Terms and any separate agreements whereby we sell you products or provide you services shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to any conflict-of-law rule or principle that would give effect to the laws of another jurisdiction. Any dispute, controversy, or question of interpretation arising under, out of, in connection with, or in relation to this Agreement or any amendments hereof, or any breach or default hereunder, shall be submitted to, and determined and settled by, litigation in the state or federal courts in Miami-Dade County, Florida. Each of the parties hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in Miami-Dade County, Florida. Each party hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of any litigation in Miami-Dade County, Florida.
26. Contact Information
Questions about these Terms should be sent to us at firstname.lastname@example.org.