Introduction

These Terms and Conditions govern your use of the ecelebrations.com website and your relationship with Ecelebrations Ltd. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Website. Please note that to use any of the services provided on the Website, you are required to register as an authorised user on the site.

1. Website Use

The ecelebrations.com website (the Website) is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the Website you agree to be bound by these Terms and Conditions.

The Website is made up of a number of stores, www.ecelebrations.com, www.happynewyear.co.uk, www.happybirthday.co.uk and other domain names that we add from time to time. Such additions will be listed in these Terms & Conditions. These Terms and Conditions govern your use of the Website and associated Online Stores and all services provided in connection with these.

2. Registration

Registration with the Website is open to all ages, however we reserve the right to restrict access to areas of the website to adult only (over eighteen years of age) when appropriate, accessible by password.

You must ensure that the details provided by you on registration or at any time are correct and complete and must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

3. Security

When you register to use the Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by immediately contacting enquiries@ecelebrations.com.

If Ecelebrations Ltd. has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account in accordance with the Terms detailed herein.

4. Trademarks

Ecelebrations Ltd. and other services referenced on this Web site are either trademarks or registered trademarks of Ecelebrations Ltd. in the European Union member states. Other product company names and logos mentioned on this Web site may be the trademarks or registered trademarks of their respective owners. All rights reserved.

No licence is granted to you in these Terms and Conditions to use any trade mark of Ecelebrations Ltd. or its affiliated companies including, without limitation, the trade marks www.merrychristmas.co.uk, www.happynewyear.co.uk, www.happybirthday.co.uk and other domain names that we add from time to time.

5. Intellectual property

The content of the Website is protected by copyright, trade marks, database and other intellectual property rights. All Web site software compilations, programming, underlying source code, software (including applets), design, text, graphics, arrangement thereof, and all other material on this Web site are copyright of Ecelebrations Ltd. and its affiliates, or their content and technology providers. All rights reserved.

You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, reverse engineer, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without the express written permission of Ecelebrations Ltd.

6. Accessibility & Availability

Although Ecelebrations Ltd. aims to offer you the best possible service, Ecelebrations Ltd. makes no promise that the services at the Website will meet your requirements. Ecelebrations Ltd. cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services (see below for contact details) or by email at webmaster@ecelebrations.com and we will attempt to correct the fault as soon as we reasonably can.

Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Ecelebrations Ltd. will attempt to restore the service as soon as it reasonably can.

Ecelebrations Ltd. may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Website. The suspension or cancellation of your registration and your right to use the Website shall not affect either party's rights or liabilities.

Paragraphs 5, 7, 9, 10, 11, 14, of these Terms and Conditions shall survive cancellation.

7. Limitations

You may not use the Website for any of the following purposes:

Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

Gaining unauthorised access to other computer systems.

Interfering with any other person's use or enjoyment of the Website.

Breaching any laws concerning the use of public telecommunications networks.

Interfering or disrupting networks or web sites connected to the Website.

Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Ecelebrations Ltd. reserves the right to refuse to post material on the Website or to remove material already posted on the Website.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

Any claim by any third party that the use of the Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice.

Any claim by any third party that the use of the Website by you infringes that third party's copyright or other intellectual property rights of whatever nature.

Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by you.

8. Advertising, Sponsorship and Promotions

Parts of the Website may contain advertising sponsorship and promotions. Advertisers, Sponsors and Promoters are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

9. Third Party Websites

As a convenience to Ecelebrations Ltd. customers, the Website may include links to other web sites or material that are beyond its control. Ecelebrations Ltd. is not responsible for content on the Internet or World Wide Web pages, or any other site outside the Website.

10. International Use

Ecelebrations Ltd. makes no promise that materials on the Website are appropriate or available for use in locations outside the United Kingdom, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

11. Liability

To the fullest extent permitted at law, Ecelebrations ltd. is providing this web site and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this Web site or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, Ecelebrations ltd. does not represent or warrant that the information accessible via this web site is accurate, complete or current. Price and availability information is subject to change without notice.

Except as specifically stated on this Web site, to the fullest extent permitted at law, neither Ecelebrations Ltd. nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, Ecelebrations Ltd. does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Ecelebrations Ltd., its affiliates, directors, employees or other representatives.

The Website is provided by Ecelebrations Ltd. without any warranties or guarantees. You must bear the risks associated with the use of the Internet.

The Website provides content from other Internet sites or resources and while Ecelebrations Ltd. tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Ecelebrations Ltd. will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If Ecelebrations Ltd. is informed of any inaccuracies in the material on the Website we will attempt to correct the inaccuracies as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

Incompatibility of the Website with any of your equipment, software or telecommunications links.

Technical problems including errors or interruptions of the Website.

Unsuitability, unreliability or inaccuracy of the Website.

Inadequacy of the Website to meet your requirements.

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.

12. Amendments

We may update these Terms and Conditions from time to time and any changes will be notified to you via the email address provided by you on registration or via a suitable announcement on the Website. The changes will apply to the use of the Website after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Website and the associated Online Stores. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.

13. Governing Law and Contract Formation

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be interpreted, construed and enforced in all respects in accordance with the laws of England.

Our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order. No contract will subsist between you and Ecelebrations Ltd. for the sale of any product or service unless and until Ecelebrations Ltd. accepts your order by email confirming that it has dispatched your product. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Ecelebrations Ltd. sends the email to you (whether or not you receive that email).

For the avoidance of doubt, no contracts are formed between consumers and Ecelebrations Ltd. via transactions conducted on this Web site or otherwise.

14. Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and Ecelebrations Ltd. ignores this, Ecelebrations Ltd. will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

Ecelebrations Ltd. shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

15. Company Details

Ecelebrations Ltd. is registered in England and Wales, number 4153716 whose registered office is at:
15 - 19 Cavendish Place,
London, W1M 0DD,
England.