These Terms and Conditions (“Terms”) govern your use of our website and services for ordering themed party packs (“Party Packs”) through our WooCommerce online store. Our services are available exclusively to customers in Cape Town, South Africa. By placing an order with us, you agree to be bound by these Terms. Please read them carefully before making any purchase.

1. Business Details

Business Name: Pop Fizz
Owner: Shila Chirrumu
Business Address: 99 Suthfield Road, Plumstead, Cape Town, South Africa
Service Area: We deliver anywhere in Cape Town.
Contact Information:
- Phone: +27 61 143 3136
- Email: [email protected]

2. Definitions

Company: Refers to Party Pop Fizz, which provides themed Party Packs.
Customer: Any individual or entity that places an order for Party Packs through our Website.
Party Pack: A ready-made, themed collection of party supplies produced and assembled under the direction of our customers.
Website: Our online WooCommerce store where orders are placed.
Order: Any transaction completed by a Customer for Party Packs through the Website.

3. Order Process

Placing an Order: Orders are placed online via our WooCommerce store. Upon submission, you will receive an order confirmation email.
Order Acceptance: We reserve the right to accept or decline any order at our discretion. In the event of an error in pricing or availability, we will notify you immediately.
Order Modification: Any modifications or cancellations must be requested within 24 hours of placing the order. Beyond this period, changes may not be possible due to production timelines.

4. Payment

Payment Methods: We accept payments via [list accepted methods: credit/debit cards, EFT, etc.]. Payment must be made in full at the time of ordering.
Currency: Prices are listed in South African Rand (ZAR) and include applicable taxes.
Pricing Errors: In the case of a pricing or description error, we reserve the right to cancel or adjust your order. Should this occur, you will be notified via email.

5. Delivery and Collection

Delivery: We deliver Party Packs anywhere within Cape Town. Delivery fees, if applicable, and estimated delivery times will be provided at the time of ordering.
Collection: Customers may also choose to collect their Party Packs from our address.
Inspection: Upon delivery or collection, please inspect your Party Pack for any damage or discrepancies. Any issues must be reported within 48 hours.
Risk Transfer: The risk of loss or damage to the Party Pack transfers to the Customer upon delivery or collection.

6 Returns, Refunds, and Cancellations

Custom Nature of Party Packs: Due to the custom and personalized nature of our Party Packs, cancellations or modifications are accepted only within 24 hours of order placement.
Refunds: Eligible cancellations within the allowed timeframe may be eligible for a full or partial refund, processed within 14 business days using the original payment method. No refunds will be issued after the Party Pack has been delivered or collected unless there is evidence of manufacturing errors or damage.
Non-Returnable Items: Once a Party Pack is assembled and delivered, it cannot be returned for reasons other than defects or errors in production.

7. Intellectual Property and Copyright

Original Creations: All designs and images used in our Party Packs are original, AI-generated works. They are inspired by popular themes and characters but are entirely transformative and do not directly replicate any copyrighted material.
No Ownership Claim: We do not claim any ownership over third-party copyrighted characters. All rights remain with the original owners.
Usage: The images and designs are provided solely for decorative and party enhancement purposes. Their use is strictly limited to enhancing the party experience for our clients.
Full Disclaimer: Any resemblance to copyrighted characters is either coincidental or qualifies as transformative use under applicable law.

8. Limitation of Liability

“As-Is” Basis: Our Party Packs and related services are provided “as-is.” We do not warrant that our products will meet every expectation or be error-free.
Damages: Under no circumstances will Party Pop Fizz be liable for any indirect, incidental, consequential, or punitive damages arising from the use or inability to use our products.
Liability Cap: Our liability for any claim arising from the use of our products is limited to the total value of the order in question.
Risk Assumption: By ordering from us, you acknowledge and accept any risks associated with the use of our Party Packs.

9. Indemnification

You agree to indemnify and hold harmless Party Pop Fizz, its owners, employees, and affiliates from any claims, damages, liabilities, or expenses (including reasonable attorneys’ fees) arising from:

Your use of our services.
Any breach of these Terms by you.
Any violation of any rights of a third party.

10. Governing Law and Jurisdiction

Governing Law: These Terms and any disputes related to them shall be governed by and construed in accordance with the laws of South Africa.
Jurisdiction: Any disputes arising from these Terms or your order shall be subject to the exclusive jurisdiction of the courts in Cape Town, South Africa.

11. Amendments

Changes: We reserve the right to modify or update these Terms at any time without prior notice. Any changes will be posted on our Website.
Continued Use: Your continued use of our Website or services following any such changes constitutes your acceptance of the new Terms.

12. Contact Information

If you have any questions or concerns regarding these Terms, please contact us using the following details:

Contact Person: Shila Chirrumu
Address: 99 Suthfield Road, Plumstead, Cape Town, South Africa
Phone: +27 61 143 3136
Email: [email protected]

By placing an order with Party Pop Fizz, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.