4. Returns and Refunds.
If you are not satisfied with you order, you may return it for a full refund, less any applicable shipping costs; provided: (i) the goods were not designated on the Website as final sale or non-returnable, (ii) your return is made within 30 days of delivery AND 10 days prior to any holiday to which the order relates; (iii) the goods are returned in its original unopened package; (iv) the goods are not obsolete or discontinued; (v) your return is made in good faith as determined by us in our discretion; (vi) your purchase is not ineligible for return under other applicable terms and conditions of sale, such as for specially designated goods; and (vii) you provide valid proof of purchase.
The following items are ineligible for return: Catering Supplies, Candy, Masks (including costumes with a mask), hats, wigs, tutus, and body wear.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Returned items may be shipped to either 198 Cox Creek Pkwy, Florence, AL, 35630; or 2610 McFarland Blvd East, Tuscaloosa, AL 35405.
Refunds are processed within approximately three business days of our determination that your merchandise is eligible for a refund. Your refund will be credited back to the same payment method used to make the original purchase on the Website . WE OFFER NO REFUNDS ON ANY GOODS DESIGNATED ON THIS WEBSITE AS NON-RETURNABLE.
For defective returns, please refer to the manufacturer’s warranty included with the good or as detailed in the good’s description on our Website.
5. Manufacturer’s Warranty and Disclaimers.
We do not manufacture or control the manufacturing of any of the goods offered on our Website. The Website may make available listings, descriptions, and images of goods. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Website). Such information and the availability of any goods are subject to change at any time without notice. The availability of goods through our Website does not indicate an affiliation with, or endorsement of, any good, service, or manufacturer. Accordingly, subject to applicable law, we do not provide any warranties with respect to the goods offered on our Website. However, the goods offered on our Website are covered by the manufacturer’s warranty as detailed in the good’s description on our Website and included with the good. To obtain warranty service for defective goods, please follow the instructions included in the manufacturer’s warranty.
ALL GOODS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, TRADE USAGE, OR OTHERWISE.
PARTY WOW DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA OUR WEBSITE IS ACCURATE, CURRENT OR COMPLETE, AND PARTY WOW IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF OUR WEBSITE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
6. Limitation of Liability.
IN NO EVENT SHALL PARTY WOW OR ITS RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE OR LOSS OF GOODWILL, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE GOODS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.
The limitations of liability set forth above shall : (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
7. Goods Not for Resale or Export.
You represent and warrant that you are buying goods or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
8. Privacy.
Our Privacy Notice, https://partywow.com/privacy, governs the processing of all personal information collected from you in connection with your purchase of goods or services through the Website.
9. User Access.
In order to access some of the features on this Website, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Information”). You will have the ability to maintain and periodically update your Registration Information as you see fit. By registering, you agree that all information provided by you as Registration Information is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
If you register for an account on the Website, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
10. User Comments, Feedback, and Other Submissions.
If, at our request, you send certain specific submissions 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. You grant us, a non-exclusive, paid-up, royalty-free, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the Comments for any purpose whatsoever, regardless of the form or medium in which it is used. Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by us and will not be returned to you.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is 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 Website 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.
Any communication or material that you transmit to this Website or to us, whether by email or other means, for any reason, shall be deemed to be the sole property of Party Wow.
11. Prohibited Uses.
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website 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 Website or of any related site, other sites, 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 Website or any related site, other sites, or the Internet. We reserve the right to terminate your use of the Website or any related site for violating any of the prohibited uses.
12. Intellectual Property.
You agree that all content presented to you on this Website is protected by copyright, trade dress, patent and trademark laws, and other intellectual property rights and unfair competition laws, and is the sole property of Party Wow and its affiliates, or the entity owning the intellectual property from whom Party Wow has obtained a license.
Party Wow owns the trademark or service marks (registered or unregistered) of Party Wow and related branding. We also own additional trademarks or service marks not listed here that may be used on the Website. All custom graphics, icons, logos, slogans, and service names are trademarks or service marks (registered or unregistered) of Party Wow or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of Party Wow or its affiliates.
13. Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability, or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
14. Governing Law and Jurisdiction.
This Website is operated from the United States of America. All matters arising out of or relating to these Terms, including your purchase of goods or services through the Website, are governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Alabama.
15. Dispute Resolution and Binding Arbitration.
YOU AND PARTY WOW ARE AGREEING TO GIVE UP (i) ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, (ii) ANY RIGHT TO CONSOLIDATE ANY CLAIM AND/OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM THAT MAY ARISE HEREUNDER IN ANY MANNER OR FORUM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY OF ANY KIND (WHETHER IN CONTRACT, TORT, OR OTHERWISE; WHETHER PRE-EXISTING, PRESENT, OR FUTURE; AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING OUT OF OR RELATING TO YOUR PURCHASE OF GOODS OR SERVICES THROUGH THE WEBSITE THAT CANNOT BE RESOLVED BY US, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. The place of arbitration shall be Birmingham, Alabama. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of the State of Alabama. . The prevailing party shall be entitled to an award of reasonable attorney fees.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR PARTY WOW WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
16. Assignment.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
17. No Waivers.
No delay in, or failure to, enforce any right or provision of these Terms by us, or partial enforcement, or any course of dealing related to any right or provision of these Terms, will constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Party Wow.
18. No Third-Party Beneficiaries.
These Terms are for your sole benefit, and nothing herein, express or implied, is intended to confer or shall confer any rights or remedies upon any person other than you under these Terms.
19. Notices.
(a) To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide, (ii) by posting to the Website , or (iii) by postal mail, personal delivery, overnight courier, or registered or certified mail. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to 3900 Montclair Rd Suite 310 Birmingham, AL 35213 and addressed “Attention: Legal Department []. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
20. Severability.
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms, and will not affect the validity or enforceability of the remaining provisions of these Terms.
21. Entire Agreement.
These Terms, and our Privacy Notice, will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
