TERM & CONDITION

1. General

  1. 1.1 Thank you for shopping with us. Please read these terms and conditions before accessing or using the Site. The Site is provided by Olly’s Party Shop trading as Olly’s Party Shop (“Olly’s Party Shop”, “us” or “we”) where you can browse, select and purchase products sold by Olly’s Party Shop (“Products”). The Site includes: www.Olly’spartyshop.com.au; and
  2. 1.2 Your access to and use of the Site, including your Orders and purchases of Products through the Site, is governed by these terms and conditions and our Privacy Policy.

2. Compliance

  1. 2.1    By using the Site to browse, select and purchase Products, you agree with us to be bound by, and comply with, these terms and conditions.
  2. 2.2    You agree to comply with all relevant laws relating to your use of the Site and your placement of any Order through the Site.
  3. 2.3    You agree not to use any data listed on the site for commercial purposes e.g. through price or information scraping.
  4. 2.4     You agree not to use the Site for any purpose that is fraudulent, unlawful or otherwise prohibited by these terms and conditions. You may access the Site for your own personal use but otherwise neither the Site, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without our prior written consent.
  5. 2.5    While using this Site, you may not:
    1. Breach any laws, infringe a third party’s rights or act contrary to any relevant standards or codes or make any fraudulent inquiries, purchases or requests;
    2. Use the Site in a manner or way, or post to or transmit to or via the Site any material which interferes with other users or other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site, or post any spam, unsolicited or bulk electronic communications;
    3. Use another person’s details without their permission or impersonate another person;
    4. Post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
    5. Tamper with or hinder the operation of the Site;
    6. Knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
    7. Use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
    8. Modify, adapt, translate or reverse engineer any portion of the Site;
    9. Remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
    10. Create accounts by automated means or under false or fraudulent pretenses;
    11. Violate the security of any computer or other network or engage in illegal conduct;
    12. Take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
    13. Use the Site other than in accordance with these terms and conditions;
    14. Use the Site if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the Site;
    15. Fail to pay for Products ordered using your login;
    16. Transfer your login to another party without our consent;
    17. Harvest or otherwise collect information about other customers, including email addresses, without their consent; or

Attempt any of the above acts or engage or permit another person to do any of the above acts.

3. Your Account

  1. 3.1 You must be 18 years or older to purchase Products through the Site. We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you are acting in breach of these terms and conditions or are using the Site in a fraudulent or improper manner. We also reserve the right to otherwise cancel Orders in accordance with clause 9.1.
  2. 3.2 You:
    1. Must ensure that only authorized users have access to your computer and ensure that your login and password that is used to access the Site and the details of your account are kept in a safe and secure manner;
    2. Must notify us through Customer Service during Contact Hours if you are or become aware that there is or has been an unauthorized use of your login and password or account, or any other security breach relating to your account;
    3. Must promptly advise us of any changes to your information provided to us as part of the customer registration process
    4. Must provide us with your date of birth where a relevant law requires us to obtain or verify your date of birth before we agree to supply that Product to you;
    5. Are responsible and liable for any person that uses your login and password to Order Product(s) through the Site;
  3. Agree that we may charge you for all Products that have been ordered using your login and password through the Site; and
  4. Acknowledge that you will check the labels on the Products before consumption or use.

4. Placing an Order

  1. 4.1 You may purchase Products by selecting and submitting your Order through the Site in accordance with these terms and conditions. To enable us to keep our prices as low as possible, certain Products (particularly bulky products) that are available to be ordered from the Site will be delivered to you directly by one of our Fulfillment Partners. If a Product will be shipped by one of our Fulfillment Partners, this will be indicated on the product description page.
  2. 4.2 We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Site.
  3. 4.3 You agree to provide us with current, complete, and accurate details in response to requests by us, to you, for information.

5. Acceptance or rejection of an Order

  1. 5.1 In certain circumstances, your Order may be rejected, such as where the requested Product is not available or if there is an error in the price or the product description posted on the Site.
  2. 5.2 Each Order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each Order accepted by us, we will:
    1. Supply the Products in that Order to you in accordance with these terms and conditions (either directly or via our Fulfillment Partners); and
    2. Send you an email confirmation of that Order – though with the nature of the internet we cannot guarantee receipt. Please add [email protected] to your contact address book to ensure emails are not sent to SPAM or blocked by your fire wall
    3. If we reject an Order for Products placed through the Site, we will endeavour (either directly or via our Fulfillment Partner) to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.
    4. You may not purchase any Products through this Site for the purpose of resale. In the interests of all our customers, we may refuse to supply if multiple Orders are placed for large quantities of the same Product for the same billing or shipping address. For business and/or bulky orders, contact the store directly either in person, via mobile, or email to discuss order quantity and pricing.

6. Restricted Products

  1. 6.1 You:
    1. Subject to certain limited exceptions specified by law, acknowledge that it is against the law to sell or supply a Restricted Film or a Restricted Game to, or obtain a Restricted Film or a Restricted Game on behalf of, a person:
    2. Under the age of 15 years (for a Restricted Film or a Restricted Game that is classified MA 15+);
    3. Under the age of 18 years (for a Restricted Film or a Restricted Game that is classified as R 18+);
    4. Warrant that you are not obtaining a Restricted Film or a Restricted Game on behalf of a person that is not of the appropriate legal age referred to in (a) above, unless you are permitted to do so by law; and
    5. May be required to provide proof of age upon delivery or collection of restricted items.
  2. 6.2 You must not use the Site to purchase a pre-paid service if:
    • You are purchasing the service on behalf of a corporation, business or other organisation; or
    • You are an individual and you will have five or more pre paid services as a result of this transaction.

If you fall into either of these categories, we are able to sell you a prepaid service in person at an Olly’s Party Shop store near you. You will have to meet additional identification requirements.

  1. 6.3 Personalized Products

If you place an Order for Personalized Products, the Personalized Product will be produced exactly as you have stated including treatment of upper and lower cases.

Any error in Personalization details on your part is your responsibility and the Personalized Product cannot be returned for replacement or refund and the Olly’s Party Shop Returns Policies do not apply to Personalized Products unless the Personalized Product is faulty.

7. Delivery of Products

  1. 7.1 Olly’s Party Shop has partnered with AusPost for the majority of it’s delivery purpose. Our Partners provide delivery services, which may include contacting you to arrange a delivery date for certain products. Additionally, Auspost only deliver to addresses in Australia.
    • Standard Parcel Post: $12.50 up to 5kg Australia wide. anything more will result in additional charges which must be communicated to client prior to dispatch.
    • Express Post: flat rate of $25 up to 5kg Australia wide. anything more will result in additional charge which must be communicated to client prior to dispatch.

Free Standard Delivery Australia wide for orders $150 and over up to 5kg.

Additional information regarding the above mentioned along with information regarding Same Day Deliver & Click and Collect is available on the website under “Shipping Information” and in our privacy policy. Please ensure you read this information carefully before placing your order.

  1. 7.2 upon receiving the delivery, you are responsible for notifying Olly’s Party Shop within 24 hours about any damaged, missing, or incorrect items not agreed upon. Picture proof of missing, damaged and/or incorrect items must be sent as evidence.  Please note all packaging at Olly’s Party Shop will be done under video surveillance to assist in fairness of claims.
  2. 7.3 If there is no appropriate person (for example, above 18 years old for Restricted Products or no one where you have not provided authorization to leave a Product) at the Delivery Address to receive the Order or you are unable to show us the credit card for us to conduct verification checks, then our carrier will not deliver the Products you have ordered. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for the redelivers.
  3. 7.4 We will not deliver a Restricted Product to a person who is unable to prove that he or she is over the required age as prescribed by law or as otherwise set out in these terms and conditions. In this instance, we will cancel the Order and refund any amounts paid for that Order under these terms and conditions (excluding the Delivery Fee).

8. Pick Up Orders

  1. 8.1 During the Product ordering process, you may select the Pick Up Order option. By selecting this option, you agree to comply with this clause
  2. 8.2 You agree that:
    • Pick Up Orders may not be available at all Olly’s Party Shop store locations which will be indicated on the Site;
    • Pick Up Orders may not be available for all Products (for instance: promotional or online only offers). Any exclusions will be indicated on the Site at the time of placing the Pick Up Order;
    • Any collection times for Pick Up Orders as indicated on the Site are estimates only. We will use reasonable endeavours to make available the Pick Up Orders within the forecasted timeframe, however, will not accept any liability for delays; and
    • Olly’s Party Shop may, at its discretion, disable the Pick Up Order option for any Pick Up Orders that have not been accepted by us.
  1. 8.3 You will receive a written and/or electronic communication from us in relation to your Pick Up Order, including order confirmations, ready for collection and collection notifications. We may also communicate with you in relation to any delays of your Pick Up Orders.
  2. 8.4 You must collect your Pick Up Order within 10 days after receipt of the ready for collection notification. If you fail to collect your Pick Up Order within this period, we may cancel the Pick Up Order in accordance with clause 9.1.
  3. 8.5 You agree to comply with the following collection requirements in relation to your Pick Up Order and such other requirements that we may notify to you when placing your Pick Up Order:
    1. You must collect your Pick Up Order from the Olly’s Party Shop store selected by you when you placed the Pick Up Order;
    2. You must produce to our team member a valid photo identification and the collection notification (showing the confirmation code) when you collect the Pick Up Order; and
    3. You must sign a collection confirmation when you collect the Pick Up Order.
  4. 8.6 In the event you are unable to collect your Pick Up Order, you may email Olly’s Party Shop (using the email address used to place your Order) to provide your written authority for a nominee to collect your Pick Up Order from Olly’s Party Shop (Pick Up Nominee). When collecting the Pick Up Order, the Pick Up Nominee must produce to our team member that email and comply with clause 8.5.
  5. 8.7 Pick up is not available for products which are shipped directly by our Fulfilment Partners, as indicated on the product description page.

9. Canceling An Order For Products

  1. 9.1 We (or our Fulfillment Partners) may cancel any part of an Order for Products (including any Orders that we have accepted) without any liability to you for that cancellation at any time if:
    1. The Products in that Order are not available; or
    2. There is an error in the price or the product description posted on the Site for the Product; or
  2. Your Order has been placed in breach of these terms and conditions; or
    1. The Product(s) in that Order have been recalled.

Should the above mentioned not be met and you fail to collect your Pickup Order within 5 business days after receiving and “Order Ready For Pickup” message, not including the day of purchase or public holidays, the order will be cancelled no refund will be issued unless prior arrangements have been made.

  1. 9.2 If we cancel any part of an Order in accordance with:
    1. Clause 9.1(i) or 9.1(ii) (where the Product is unavailable or there is a pricing or product description error) or 9.1(iv) (where the Product has been recalled), we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled part of the Order. If any payment has been taken, then: (i) for a wholly cancelled Order, the full payment amount, including the Delivery Fee and any other fees and charges; or (ii) for a partly cancelled Order, the amount paid in respect of cancelled Products, will be refunded to your original payment method, or where Olly’s Party Shop deems appropriate, through an alternative means.
    2. Clause 9.1(iii) (where you are in breach of these terms and conditions), we will provide you with reasonable notice of that cancellation. Provided we are not also in breach of these terms and conditions, a cancellation fee of the lesser of $25 or the value of the payments made may apply. If any payment has been made in excess of $25, we will refund that excess amount to your original payment method, or where Olly’s Party Shop deems appropriate, or through an alternative means.

10. Prices, Fees And Charges

  1. 10.1 We will charge you, and you agree to pay the purchase price of each Product that is ordered, the Delivery Fee and any other fees and charges set out in these terms and conditions.
  2. 10.2 All prices and Delivery Fees on the Site are in Australian dollars (AU$). We reserve the right to alter prices and Delivery Fees for any reason at any time before you place your Order. Product availability and Product prices may vary between Olly’s Party Shop stores, catalogues and those found on this Site.
  3. 10.3 Olly’s Party Shop will not be liable or responsible for any failure to perform, or any delay in performance of, obligations under its contract with you where such failure or delay is caused by an event outside the reasonable control of Olly’s Party Shop.
  4. 10.4 The purchase price of each Product is shown on the product list on the Site at the time you place your Order. The purchase price of a Product on the Site may not be the same or correspond to the prices in our stores for the same Product and we are not obliged to match any prices.

11. Payment methods

  1. 11.1    You may pay the fees and charges for an accepted Order (excluding any lay-by Orders) with any of the following payment methods and such other payment methods as specified on the Site from time to time:
    1. Visa;
    2. MasterCard;
    3. American Express;
    4. Diners Club;
    5. Debit cards displaying a Visa or Mastercard logo; and or
    6. WISH Gift Card
    7. PayPal;
    8. Afterpay, subject to Afterpay’s terms; and
    9. Zip, subject to Zip’s terms;
  2. 11.2 If we are unable to successfully process your nominated payment method (being the applicable debit card, credit card, gift card, PayPal, Afterpay or Zip payment) for an Order that has been accepted by us, then we may cancel your Order.
  3. 11.3 If you choose to pay by credit card, you authorise us to debit the amount that is payable from your nominated credit card for an accepted Order.
  4. 11.4 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
  5. 11.5    We will provide you with a receipt at time of delivery which specifies the total fees and charges for the Products in the Order.

12 Damaged Products and Returns

  1. 12.1    The Olly’s Party Shop Returns Policy applies to all purchases of Products using the Site and forms part of these terms and conditions. If you suspect that a Product is damaged on delivery, then contact through Olly’s Party Shop’s contact page.
  2. 12.2   If you consider that a Product was delivered to you in a damaged or defective condition, or is otherwise faulty, you should contact through Olly’s Party Shop’s contact page.
  3. 12.3   For same day delivery of frozen foods & desserts, please ensure that you are home, or at the destination address to receive the order. No orders are returned to the store after being sent out for delivery. If no one is available to receive the order, it will be left in a safe place, you will be notified via SMS, and an image of where it was left will be sent. Olly’s Party Shop will not be liable for any damages caused because of defrosted food/dessert in this situation. No exchange or refunds are available for food items.

13. Termination

  1. 13.1    We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
    1. The breach cannot be remedied; or
    2. You fail to remedy the breach within 10 days of our notice to you of that breach; or
    3. If there is an emergency.
  1. 13.2 We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and we will refund to you all valid payments received by us for those Products.
  2. 13.3 You may cancel your account at any time for any reason provided that:
    1. Any outstanding matters are resolved (such as a suspension on your account); and
    2. You have paid all outstanding amounts owed by you.

14. Changes To These Terms And Conditions

  1. 14.1 We may, at our discretion, amend these terms and conditions at any time by publishing any amended terms and conditions on our Site.
  2. 14.2 If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you placed your Order.
  3. 14.3    For any future Orders, these terms and conditions may be different and so we recommend that you read these terms and conditions carefully each time you agree to them prior to placing your Order.

15. Your Privacy And Commercial Electronic Messages

  1. 15.1 You will receive different types of messages from us. Unless you have opted out, you agree to us communicating with you via various channels and media (including by email, SMS, phone, mail and by advertising on certain websites and social media) about offers, events and promotions. You agree to continue receiving communications from us until the time that you opt out.
  2. 15.2    You agree that the method by which you can unsubscribe from each of these types of messages is set out in the table below.  Please note that opting out from one message type will not opt you out from the other message types:
  3. 15.3 There are, however, some messages that we must be able to send you. These include, for example, messages relating to your Olly’s Party Shop VIP account, important information about products and services that you have purchased (like health and safety recall notices), forgotten passwords, or updates to our T&Cs and Privacy Policy. Opting out of receiving communications from Olly’s Party Shop will not opt you out of receiving these types of messages.
  4. 15.4)ur Privacy Policy contains information about how you can seek access to or correct the personal information we hold about you, and how you can complain about a breach of privacy.

16. Governing law and Enforceability

  1. 16.1    If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
  2. 16.2    This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
  3. 16.3 You alone, and not Olly’s Party Shop, are responsible for ensuring that your activities conducted on the Site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with these terms and conditions and the policies which form part of these terms and conditions.

17. Intellectual Property

  1. 17.1 All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Site and its contents is owned by, and will at all times remain the exclusive property of, us, our licensors and the providers of any other products and services accessible through the Site, and is protected by Australian and international law. Nothing in these terms and conditions will constitute any license of intellectual property rights to you.
  2. 17.2    You:
    1. Must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any material on the Site without our prior written consent;
    2. Must not frame or embed in another website any of the material appearing on the Site without our prior written consent;
    3. May store a reproduction of the content on the Site on your local computer for the sole purpose of viewing the content; and
    4. May print hard copies of the content for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
  3. 17.3 You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related companies without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.

18. Risk of Loss

  1. Risk and title in Products passes to you:
    1. In relation to Orders (other than Pick up Orders), on the date and time of delivery to the delivery address; or
    2. In relation to Pick up Orders, on the date and time of collection by you, or your nominee, from a Olly’s Party Shop store.

9. Product Descriptions

  1. We attempt to be as accurate as possible and use our best endeavour to ensure, but do not warrant, that any information provided by our suppliers, including in relation to Product descriptions or other content of this Site, is accurate, complete, reliable, current or error-free.

20. Other Businesses

  1. There are links on the site which direct you to a third party website owned and operated by another company other than Olly’s Party Shop, for example Olly’s Party Shop Photos and Olly’s Party Shop Vision. The Terms and Conditions of those sites are individual to the site that you are visiting and should be reviewed and agreed upon in accordance with their Terms and Conditions. The Terms and Conditions will specify who you will be entering into a contract with on that site. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

21. Everyday Rewards

  1. By participating in the Everyday Rewards program, you agree to comply with and be bound by the Everyday Rewards Terms and Conditions.

22. Additional Terms and Conditions of Olly’s Party Shop App

By using the App, you agree to be bound by these Olly’s Party Shop Online Terms and Conditions. Using the App also involves you providing your personal information to Olly’s Party Shop. This may include your name, order details, location and technical information relating to your device and software. Further details about the personal information we collect and how it is used is available in the Olly’s Party Shop Online Collection Notice.

  1. When accessing this App, we need you to be aware of the following Product and service specific information:
  2. Safety – This App is not intended to be used while driving. You must comply with the Road Rules and not use the App or your mobile device in any manner contrary to the Road Rules. The Road Rules provide that it is an offence for a driver to use a mobile phone that the driver is holding in his or her hand.
  • Specials and Weekly Catalogue – Items on sale for the period specified, unless sold out earlier. Savings are based on our metropolitan sell price. Advertised savings may vary in some stores, as some Products may already be priced below the metropolitan sell price. Limits per customer may apply, trade not supplied. Some Products or varieties may not be available in all stores or on the Site. Specials may not be available in all stores or on the Site. Multibuys apply for the purchase quantity advertised.
  1. Store Finder – Trading hours correct at time of publish. See in-store for latest information.
  2. You acknowledge that:
  • All pricing for a Product displayed on the App may differ depending on the postcode you have selected (for example, the price for a Product in Sydney may differ to the price for that same Product in Melbourne).
  • Phone network Products – Subject to terms, conditions and limitations imposed by mobile service provider. Please check with service provider or in-store for full details.
  • App usage – This App has been tested and operates on open source third generation and above. By using this app you agree that the App provider may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, Product support and other services to you (if any) related to the licensed App.

23. Advertised Merchandise Policy

Olly’s Party Shop makes every effort to ensure stock is available when advertised. However, if an item is unavailable, we’ll offer to sell you a comparable item (if available) with the same reduction in price as the advertised item. Savings may vary slightly to those shown.

Some styles, colours and sizes may not be available at some stores or online. Styles, colours and sizes may vary by store. Accessories not included. Some larger items are sold boxed and require assembling. We reserve the right to limit purchases to reasonable retail quantities. Commercial quantities not supplied.