Terms of service

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TERMS OF SALE:

All orders are subject to approval by our main office, and processed orders are not cancelable by the buyer. We will, however, do our best to accommodate additions if they are received before the order is packed for shipment. Delivery (shipping) arrangements are contingent upon Acts of God, accidents, delays of transportation facilities, and other delays which are unavoidable or beyond our control. Not responsible for typos or glitches with pricing.

Out of Stock Items:

Stock is usually on hand of all products shown in our online catalog for immediate shipment. If stock is not available when the order is processed, we usually cancel/refund that item from the order and ship the remaining items on the order.

Pricing Information:

The prices shown on this website supersede those published in any previous pricelist. We attempt to maintain published prices, however, due to market conditions, our prices may change without notice. Strike-through or reduced prices and associated savings, if provided or shown on this website, are equivalent to the Manufacturer's Suggested Retail Price (MSRP) for the product shown. The MSRP values are set by the product manufacturer and updated throughout the year, as applicable, when the manufacturer provides us with updates to their pricing data information. 

SMS Marketing:

By consenting to PartyDecorations.com's (owned and operated by Online Party Sales LLC, Murrieta, California, USA) SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at support@partydecorations.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy (https://www.partydecorations.com/pages/terms-and-policies) to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

Arbitration; JAMS (Consumer). PartyDecorations.com is an online store owned and operated by Online Party Sales LLC, Murrieta, California, USA (“Online Party Sales LLC,” “we,” or “us”). Any dispute or claim between you and Online Party Sales arising out of or relating to your purchases or our websites (including PartyDecorations.com) will be resolved by binding individual arbitration administered by JAMS under the JAMS Consumer Arbitration Minimum Standards and the JAMS Streamlined Arbitration Rules then in effect. Any arbitration conducted under this clause is governed by the Federal Arbitration Act (FAA).

Resolution Prior to Arbitration — Negotiation. Before either party initiates arbitration (or litigation, except as allowed below), the parties shall attempt in good faith to resolve any dispute promptly by negotiation between decision‑makers with authority to settle the controversy (for us, the sole proprietor or a designated manager).

1. Notice & Response. Any party may give the other written notice of a dispute not resolved in the ordinary course of business. Within 15 days after delivery of the notice, the receiving party will provide a written response. The notice and response will include, with reasonable particularity: (a) each party’s position and a summary of supporting arguments; and (b) the name and title of the decision‑maker who will represent that party (and any other person who will accompany them).
2. First Meeting. Within 30 days after delivery of the notice, the parties’ decision‑makers will meet at a mutually acceptable time and place (which may be by videoconference). Unless otherwise agreed in writing, the negotiation process ends at the close of this first meeting (“First Meeting”), though the parties may continue negotiating later if they wish.
3. Confidentiality. All offers, promises, conduct and statements—oral or written—made in the course of negotiation by any party (or their agents, employees, experts, or attorneys) are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding between the parties; evidence otherwise admissible or discoverable does not become inadmissible or non‑discoverable merely because it was used in negotiation.
4. No Arbitration/Litigation Before First Meeting. Until the First Meeting concludes, neither side may initiate arbitration or litigation related to this Agreement except to pursue a provisional remedy authorized by law, by JAMS Rules, or by written agreement of the parties. This limitation does not apply if the other party refuses to comply with the notice/response/meeting requirements above. For clarity, this paragraph does not restrict a party’s right to bring an individual claim in small‑claims court as permitted below.
5. Tolling. All applicable statutes of limitation and defenses based on the passage of time are tolled while the procedures in paragraphs 1–2 are pending and for 15 calendar days thereafter, and the parties will take any action reasonably required to effectuate such tolling.

Mediation. If the matter is not resolved by negotiation as described above, it will proceed to mediation with JAMS before arbitration:

1. Commencing Mediation. Either party may commence mediation by providing to JAMS and the other party a written request for mediation setting forth the subject of the dispute and the relief requested.
2. Mediator & Scheduling. The parties will cooperate with JAMS and with each other in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation. The parties will participate in good faith and will share equally in the mediation costs.
3. Confidentiality. All offers, promises, conduct and statements—oral or written—made in the course of the mediation by any party (or their agents, employees, experts, or attorneys), the mediator, or any JAMS employee are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding between the parties; evidence otherwise admissible or discoverable does not become inadmissible or non‑discoverable merely because it was used in mediation.
4. Earliest Initiation Date. Either party may initiate arbitration regarding matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time 45 days after the date of filing the written request for mediation, whichever occurs first (the “Earliest Initiation Date”). Mediation may continue after arbitration begins if the parties so desire.
5. No Arbitration/Litigation Before Earliest Initiation Date. Prior to the Earliest Initiation Date, neither side may initiate arbitration or litigation related to this Agreement except to pursue a provisional remedy authorized by law, by JAMS Rules, or by written agreement of the parties. This limitation does not apply if the other party refuses to comply with paragraph 2 (Mediator & Scheduling). For clarity, this paragraph does not restrict a party’s right to bring an individual small‑claims action as permitted below.
6. Tolling. All applicable statutes of limitation and time‑based defenses are tolled until 15 days after the Earliest Initiation Date, and the parties will take any action reasonably required to effectuate such tolling.

Method & Locale. The arbitration hearing will proceed by videoconference unless the arbitrator orders otherwise; any in‑person hearing will occur in the county of your residence or another reasonably convenient location. The legal seat of the arbitration is Riverside County, California.

Fees (Forum Costs). In arbitration, you will pay no more than the JAMS‑permitted consumer filing fee; we pay the remainder of JAMS administrative fees and the arbitrator’s fees as required by the JAMS Consumer Arbitration Minimum Standards. These forum costs (JAMS administrative fees and arbitrator compensation) will not be reallocated to you by the arbitrator. (Mediation costs are shared equally.)

Class Waiver / Relief. Claims must be brought individually (no class, collective, or representative actions). The arbitrator may award all forms of individual relief available in court, subject to the Punitive Damages and Limitation of Liability provisions below. Nothing here prevents you from seeking public injunctive relief if required by applicable law.

Small‑Claims Option. Either party may elect to bring an individual claim in small‑claims court of competent jurisdiction instead of arbitration.

Delegation & Severability. The arbitrator decides threshold issues (scope, formation, enforceability) to the fullest extent permitted by law. If any part of this clause is unenforceable, the rest remains in effect.

Governing Law; FAA. This Agreement and the rights of the parties hereunder are governed by the laws of the State of California, exclusive of conflict‑of‑law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the foregoing, any arbitration conducted pursuant to this Agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16).

Punitive Damages. To the fullest extent permitted by applicable law, in any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover such damages.

Limitation of Liability. To the fullest extent permitted by applicable law, in any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award incidental, indirect, or consequential damages, including lost profits.

Fees and Costs to Prevailing Party. To the extent permitted by applicable law and consistent with the JAMS Consumer Arbitration Minimum Standards, in any arbitration arising out of or related to this Agreement, the arbitrator(s) may award to the prevailing party, if any, reasonable attorneys’ fees and non‑forum litigation costs (for example, transcript, copying, courier, and—where permitted—reasonable expert expenses) incurred in connection with the arbitration. For clarity, “costs” here do not include JAMS administrative fees or the arbitrator’s compensation (forum costs), which are paid as described in the Fees (Forum Costs) section and will not be reallocated to you. If a party prevails on some but not all claims or counterclaims, the arbitrator(s) may award an appropriate percentage of such fees and costs.

Efficiency in Discovery. To promote efficiency and proportionality in any arbitration arising out of or related to this Agreement (see JAMS Rule 16.2 and the JAMS Discovery Protocols):

• Document Requests. Requests shall be limited to documents directly relevant to significant issues in the case or to the case’s outcome; restricted in time frame, subject matter, and custodians; and shall not use broad phrases like “all documents directly or indirectly related to.”
• E‑Discovery. Production of electronic documents will be from sources used in the ordinary course of business. Absent a showing of compelling need, no production from backups or disaster‑recovery media is required; production will normally be in a searchable, reasonably usable format convenient and economical for the producing party; and metadata need not be produced (other than email header fields) absent compelling need. Where the costs and burdens of e‑discovery are disproportionate to the dispute’s nature, amount in controversy, or the relevance of requested materials, the arbitrator will deny or condition disclosure (including shifting reasonable production costs to the requesting party), subject to allocation in the final award.