Terms And Condition
Last Updated On: 20 May 2022
These Terms and Conditions (“Terms and Conditions” or “Agreement”) is made and entered into by and between Ma Fete World LLC, a company registered in United States of America (“USA”), with its registered office at 2299 North Sea Rd, Southampton, NY 11968, USA, and any User who accesses and uses the Website, by checking a box agreeing to all the Terms and Conditions, agrees to all these Terms and Conditions.
1 Key Terms
In this Agreement, (i) capitalised terms defined by inclusion in quotations and/or parenthesis have the meanings so ascribed; and (ii) the following terms have the meanings assigned to them herein below:
1.1 “Confirmed Order” and “Order Confirmation” means any and all written or electronically transmitted order confirmation sent by Ma Fete World to the Customers;
1.2 “Customer” means any person or company that places an Order through the Website;
1.3 “Ma Fete World”, “we”, “us”, and “our” collectively mean Ma Fete World LLC
1.4 “Order” means an order placed through the Website for any Product;
1.5 “Order Amount” means the total amount payable by Customer, for an Order, as set out in the Order Confirmation;
1.6 “Party” or “Parties” means Ma Fete World and the User referred to individually and collectively respectively;
1.7 "Personal Data” means any data related to a specific natural person or related to a natural person that can be identified directly or indirectly by linking the data, such as an individual’s name, voice, image, identification number, electronic identifier, geographical location;
1.8 “Products” means the products available on the Website, including but not limited to, paper products like plates, napkins, cups, placemats, trays, cake stands, cake toppers, treat boxes, gift bags, wrapping paper, party hats, party masks, colouring sheets, temporary tattoos, garlands; other products like kid’s bags, plush toys, sunglasses, costumes etc.;
1.9 “User” “you” and “your” collectively mean any person, company or organization that has visited or is using the Website; and
1.10 “Website” means www.mafeteworld.com.
2 Using The Website
2.1 The Website is not intended for Users that are under the age of eighteen (18).
2.2 Users are required to provide their personal information, including but not limited to, name, mobile number, email address, delivery address (country, city, area, street, building, landmark, flat number), billing address (country, city, area, street, building, landmark, flat number) and preferred payment method, to place an order on the Website.
2.3 If the User is a company, additional information and documents may be required to place an Order which include, without limitation, a valid and current dated business/trade license, company address, details of the authorized person and tax registration number (if applicable).
3 Placing An Order
3.1 When you Order, such Order is required to be accepted by us before it is confirmed. We will send you an Order Confirmation notification if your Order has been accepted. You understand and acknowledge that the agreement for the supply of any Order, placed by you, shall come into existence only when we send you the Order Confirmation.
3.2 Product price is subject to change without any prior notice. We reserve the right to modify or discontinue a Product at any time without any prior notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of any Product.
3.3 You are responsible for paying for the Order and for related charges, and for complying with these Terms and Conditions, even if you have placed the Order for someone else.
3.4 Any Order is subject to our approval. We may, in our sole discretion, decide to not confirm an Order and/or cancel an Order at any time
3.5 We deliver Products domestically and internationally.
3.6 We may provide Users with offers and benefits from time to time, such as discounts, vouchers, or sales promotions. What offers and benefits a User may receive will be based on such User’s previous actions such as number of Orders, Order Amounts, or usage of the Website. Any such offers and benefits may be modified or discontinued by us at any time without prior notice.
3.7 By placing an Order, you represent and warrant that: (i) you are legally capable of entering into this Agreement; (ii) you are at least eighteen (18) years old (if you are an individual); and (iii) if you are using the Website on behalf of a third party, you are authorised and have the authority to bind that third party to these Terms and Conditions. Any registration by, use of, or access to, the Website by any person under the age of eighteen (18) years is unauthorized, unlicensed and in violation of these Terms and Conditions.
4.1 Payments may be made by debit card, credit card, Pay Pal, Apple pay, Amazon pay, or any other payment method as may be made available by us from time to time.
4.2 By selecting payment by debit or credit card, each Customer hereby expressly consents to, authorizes, and instructs us to charge the debit or credit card, with the corresponding Order Amount.
4.3 By placing an Order, you confirm and warrant that you are authorized to use the payment method that you utilized for placing the Order
4.4 For any Confirmed Order, Customers unconditionally and irrevocably undertake to pay the Order Amount in full to us in accordance with these Terms and Conditions. Customers shall bear all applicable VAT and credit card fee associated with any payment made to us.
5.1 We usually dispatch most Confirmed Orders within two (2) business days (excluding Sundays and public holidays). However, in case of international Orders, delivery might get delayed due to reasons attributable to logistics, public holidays etc.
5.2 Tracking information will be emailed to the e – mail address provided by the User at the time of placing the Order, after the Confirmed Order is out for delivery.
5.3 In the event User is not available to receive the Confirmed Order, the User will have to pick it up from their local post office or reschedule directly with United Parcel Service (UPS).
6 Returns And Refund
6.1 Returns must be initiated within fifteen (15) days of the original Order date and the Product(s) must be new, unused and in their original packaging, along with all accessories.
6.2 Products can only be eligible for returns if the Products received by the Customer are deemed to have been received in a damaged / defective state or an incorrect Product has been delivered. Such Products can only be returned in their original packaging, in an unused and sealed condition. Opened or used Products will not be accepted as returns.
6.3 If Customer receives a damaged / defective or an incorrect Product, the damaged / defective or incorrect Product will have to be shipped back to the address: 4660 Hammermill Road, Tucker, GA 3008, by the Customer. If it is time sensitive, the Customer can place a new Order, and once we receive the damaged / defective or incorrect Product, Customer will be refunded the amount paid for such damaged / defective or incorrect Product.
6.4 In case of a return/replacement, we process the refund once the Products have been received and verified by us. Refunds are typically processed within fourteen (14) days of receiving the Product.
7 Order Cancellation
If Customer wants to cancel a Confirmed Order, and it has not been shipped yet, you can write to our customer support team at firstname.lastname@example.org. In such cases, the Confirmed Order will be cancelled, and the Order Amount will be refunded to the Customer within 5-7 business days after the cancellation request is duly processed by us.
8 Geographic Restrictions
The owner of the Website is based in the State of New York, USA. We make no claims that the Website or any of its content is accessible or appropriate outside of USA. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside USA, you do so on your own initiative and are responsible for compliance with local laws.
9 Governing Law
The terms contained in this Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the State of New York. Any dispute which may arise between the Parties pertaining to the implementation or interpretation of this Agreement shall be amicably settled, failing which the courts in State of New York shall have the exclusive authority to settle the same.
10 Dispute Resolution
10.1 All disputes arising out of or in relation to this Agreement, including any question regarding its existence, validity, or termination, which cannot be amicably resolved by the Parties within thirty (30) days of being brought to their attention (“Consultation Period”), will then be settled by arbitration governed by the provisions of appropriate arbitration laws. If the Parties are not able to agree on a sole arbitrator, a panel of three (3) arbitrators shall be appointed wherein each Party shall appoint one (1) arbitrator, and the two (2) arbitrators together shall appoint the presiding arbitrator.
10.2 The venue/seat of arbitration shall be the State of New York and the language of arbitration shall be English. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect. The decision of the arbitrator(s) will be final and binding on all the Parties.
11 Modification Of Terms And Conditions
Ma Fete World reserves the right, at its sole discretion, to modify the Website or to modify these Terms and Conditions anytime and without prior notice. If we modify these Terms and Conditions, we will post the modification on the Website or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms and Conditions. By continuing to access or use the Website after we have posted a modification on the Website or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms and Conditions. If the modified Terms and Conditions are not acceptable to you, your only recourse is to cease using the Website.
12 Data Protection
13 Disclaimer Of Warranties
User must acknowledge and agree that the use of the Website shall be at the risk of the User. To the fullest extent permitted by applicable law, Ma Fete World, its affiliates, officers, directors, employees, and agents, disclaims warranties, express or implied, in connection with the Website and User’s use of them.
14 Limitation Of Liability
14.1 Except as required by applicable law, Ma Fete World, its affiliates, officers, directors, employees, and agents will not be responsible for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings; loss or corruption of data; indirect or consequential loss; punitive damages caused by:
14.1.1 errors, mistakes, or inaccuracies on the Website;
14.1.2 personal injury or property damage resulting from your use of the Website;
14.1.3 any unauthorised use of the Website;
14.1.4 any interruption or cessation of the Website;
14.1.5 any viruses or malicious code transmitted to or through the Website;
14.1.6 the removal or unavailability of any Product.
14.2 This provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory.
14.3 In no event shall Ma Fete World, its affiliates, officers, directors, employees, and agents be responsible or liable with respect to any subject matter of this Agreement, for any amount that together with amount associated with all other claims, exceeds the Order Amount paid by the Customer.
The User agrees to indemnify, hold harmless and defend Ma Fete World, its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of or in connection with: (i) User’s unauthorized use of the Website; (iii) User’s access to the Website; (iv) User’s violation of any third party rights (v) User’s breach of these Terms and Conditions including but not limited to, any infringement by the User of the copyright or intellectual property rights of any third party.
16.1 NOTICES TO USERS: Reports, statements, notices, and any other communications may be transmitted by Ma Fete World to Users via the email address specified by them while placing an Order. All communications and notices shall be deemed to be duly served to a User when electrotonically sent by Ma Fete World to User to the email address specified by them while placing an Order.
16.2 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on and inure to the benefit of the Parties hereto and their respective heirs, legal or personal representatives, successors, and assigns.
16.3 RELATIONSHIP BETWEEN PARTIES: Parties shall be considered independent of each other and not agents or employees of the other Party. Neither Party shall have authority to make any statements, representations, or commitments of any kind, nor to take any action which shall be binding on the other Party, except as may be expressly provided for herein or authorized in writing.
16.4 FORCE MAJEURE: Ma Fete World shall not be liable for any failure or delay in performance of this Agreement, in whole or in part, where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of god, severe weather, fire, terrorism, vandalism or civil riots, war, civil disturbance, pandemics, labor activity, or strike, court order or any other cause outside our exclusive and direct control.
16.5 ELECTRONIC SIGNATURES/ COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute the same instrument. For purposes of this Agreement, the use of a facsimile, email, or other electronic media shall have the same force and effect as an original signature.
16.6 ENTIRE AGREEMENT: This Agreement along with other documents as and when updated on the Website, shall constitute the entire agreement between the Parties relating to the subject matter contained in this Agreement and supersede all prior or contemporaneous negotiations, commitments and understanding of the Parties whether oral, written or otherwise.
16.7 SEVERABILITY: Any provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
16.8 SURVIVABILITY: All clauses that logically ought to survive the termination of this Agreement shall survive.
16.9 HEADINGS: Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
16.10 AFFIRMATION OF PARTIES: The Users affirm that they have entered into this Agreement freely, voluntarily, and without reliance on any promises, representations, or other statements not contained in this Agreement and have read and understood the terms and conditions contained in this Agreement.
16.11 CONTACT US: If you have any queries regarding these Terms and Conditions, feel free to contact Ma Fete World at email@example.com
You acknowledge that you have read, understood, and accepted to be bound by these Terms and Conditions.
Effective as of April 1st, 2022