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Terms and Conditions
Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website (together the Products, each a Product) www.balloonsbycelebrations.co.uk (Our Website) to you. Please read these terms and conditions carefully before ordering any Products from Our Website. You should understand that by ordering any of the Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for your future reference.
1. ABOUT US
1.1 We are Balloons by Celebrations Ltd (we and us), a company registered in England and Wales. Our company registration number is 13253203 and our registered office is at 6 Manchester Rd, Buxton, Derbyshire, SK17 6SB. We operate the website www. balloonsbycelebrations.co.uk.
1.2 You can contact us as follows:
Telephone: +44 (0)1298 436382
By Post: Balloons by Celebrations Ltd, 6 Manchester Rd, Buxton, Derbyshire, SK17 6SB
Or to report a problem with an order you have received, you must report to our Customer Service department. Details on how to do this are provided in your "order dispatch" confirmation email, on the delivery note included in your order and throughout this website.
2. OUR CONTRACT WITH YOU
2.1 These terms and conditions (Terms) apply to the order placed by you and the supply of Products by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
2.2 The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
3. PLACING AN ORDER AND ITS ACCEPTANCE
3.1 Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the Products specified in the order subject to these Terms.
3.2 Our order process allows you the opportunity to check and amend any errors before submitting your order to us. Please check the order carefully before making payment and confirming it. You are responsible for ensuring that your order and any specification submitted by you are complete and accurate.
3.3 After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
3.4 Your order is accepted when we begin to prepare your order. This includes preparing the personalisation or gift messages for Personalised Products or Perishable Products.
3.5 If we are unable to supply you with some or all of the Products for any reason, we will inform you of this and we will either:
(a) not process your order and If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible, or;
(b) prepare and dispatch the available products and refund you the amount for the full amount of the products that we are not able to supply as soon as possible.
3.6 We may need certain information from you so that we can supply our Products to you. If you do not provide this information when you place your order, or if you give us incomplete or incorrect information, we will not be responsible, and we may not be able to change or cancel your order once it has been placed.
4. OUR PRODUCTS
4.1 The images of the Products on Our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device will display the colours accurately to reflect the colour of the Products. Therefore, the colour of your Products may vary slightly from those images shown on our website. All handmade and bespoke made to order products on our website have a tolerance of 20 per cent in relation to size, weight and capacity.
4.2 The packaging of your Products may vary from that shown on images on Our Website.
4.3 We reserve the right to amend the specification of the Products if required by any applicable statutory or regulatory requirement.
4.4 We have set out in these Terms when your rights may vary in relation to our Products which are:
(a) perishable in nature or likely to expire rapidly, this includes our inflated balloons (Perishable Products); or
(b) made to your specification, personalised or bespoke, this includes our personalised balloons (Personalised Products).
4.5 If we are making any of our Products to specifications you have given us, you are responsible for ensuring that these specifications are correct. Personalised products will not include any message or part message used in our illustrations. We will only include the text submitted with your order on any personalised product.
4.6 Some of our individual Products can be purchased together by selecting a quantity of more than one. For the purposes of these Terms, each Products on your order is considered a separate Product.
4.7 No guarantee is given to the float time of any balloon. Once balloons have left our shop, we can not accept responsibility for balloons which have deflated once they have been safely delivered.
4.8 Any "complimentary products" that may be offered on the website are provided at our sole discretion. We will always try to include any complimentary products where offered but these are subject to availability at the time of packing.
5. YOUR RIGHT TO MAKE CHANGES
5.1 If you wish to make a change to any Products you have ordered, please contact us immediately by email. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Products, the timing of supply, or anything else which would be necessary as a result of your requested change.
6. OUR RIGHT TO MAKE CHANGES
6.1 We may change the Products:
(a) to reflect changes in relevant laws and regulatory requirements, such as changes to ensure safety; and
(b) to implement minor technical adjustments and improvements, for example to improve functionality or appearance. Changes may include, but are not limited to, font size and style, ribbon length, and the confetti added to any balloon. These changes will not affect your use of the Products.
(c) to correct capitalisation, punctuation or grammatical errors submitted by you at our discretion for use in any personalised messages to be used with or on our Products. We ask that you do not include Emoji's within text submitted for personalisation as we are unable to reproduce these on our products.
(d) to provide an alternative product that has equal or higher value for any reason.
7. PRODUCT RETURNS AND REFUNDS
7.1 Your rights to cancel the Contract will depend on the Products you have bought, whether there is anything wrong with them and when you decide to cancel.
7.2 You may cancel the Contract and receive a refund, if you notify us as set out in clause 7.3 at any time prior to dispatch or within 30 days of delivery. This cancellation right does not apply in the case of:
(a) Personalised Products
(b) Perishable Products
7.3 To cancel the Contract, you must contact our customer services team by email. Please include details of your order to help us to identify it. If you send us your cancellation notice by email, then your cancellation request is effective from the date you send us the email.
7.4 Personalised Products and Perishable Products are exempt from the cancellation rights in clause 7.2 because we would not be able to resell them if you cancelled. If you contact us to cancel the Contract for any of our Personalised Products or Perishable Products no refund will be due.
7.5 If you wish to exercise your legal right to reject Perishable Products, you must contact our customer service team by email within 2 hours of delivery and provide photographic evidence of the fault by email to us, following the instructions which can be found on your delivery note, or on the notification of dispatch email we send to you. If we agree that the Perishable Products are faulty or not as described, you may be entitled to a refund. In the case of balloons containing gifts which are non perishable, we may only issue a partial refund of the total price you paid.
7.6 For Non-perishable Products that have been dispatched to you before you decide to cancel the Contract then you must return them to us (unused and in their original packaging) without undue delay and in any event not later than 30 days after the Products were delivered to you.
7.7 If you have returned non perishable Products or non personalised Products to us under clause 7 because they are faulty or not as described, we will refund the price of the Products including the pro-rata cost of delivery once we have received them. (See clause 8).
7.8 We do not accept the return of personalised products however for any other products you must pay the costs of return.
7.9 Where a refund is agreed, we will refund to you the price you paid for the Products, excluding any applicable delivery costs, via the method you used for payment. We aim to issue a refund within 5 working days of our receipt of the Products.
7.10 Should an order be delivered to you incomplete, or missing items, we will refund the value of those missing items, not the whole order.
7.11 If, at our discretion we agree to cancel and refund any order that includes personalised or perishable products (balloons), we will charge an administration fee of £15 per balloon, on each order. This fee will be deducted from the price you paid, before the balance is refunded.
8. IF THERE IS A PROBLEM WITH THE PRODUCT
8.1 If you have any questions or complaints about the Product once it has been delivered, please contact us immediately. For personalised, perishable and made to order products we require notice of problems within 2 hours of delivery (see clause 7.5). To complain about a product you must contact us using the contact details provided on the delivery note. The delivery note provides you with a dedicated method for you to report a problem to us.
8.2 We are under a legal duty to supply Products that are in conformity with this contract. See below for a summary of your key legal rights in relation to the Products. Nothing in these terms will affect your legal rights.
8.3 If you wish to exercise your legal rights to reject non personalised Products you must return them to us if we ask you to do so. We do not accept returns for personalised products in the event that you have changed your mind.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
(a) up to 30 days: if your goods are faulty, then you can get an immediate refund. However, this 30-day period does not apply for perishable goods (see clause 7.5).
(b) up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
(c) up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
9. DELIVERY, TRANSFER OF RISK AND TITLE
9.1 Our delivery information page provides information about estimated delivery dates. Our Delivery Policy provides advice on when to order and what you can expect from us in the event that your order is delayed, or arrives early.
9.2 If supply of the Product is delayed by an event or events outside our control, we will where possible keep our customers updated of known delays on the Delivery Information page on our website. We may also contact you by email to advise you of these and we will take steps to minimise the effect of the delay if possible. We will not be liable for delays caused by any third party or events outside our control.
9.3 Although we will always endeavour to have your order delivered on your preferred delivery date, no delivery date or time is guaranteed. If an order that has been scheduled for delivery on or before a given date or time, has been delayed by circumstances beyond our control, no refund will be given. Circumstances beyond our control include, but are not limited to, weather conditions, strike action, travel disruption, restricted access to the delivery address, terrorism and coronavirus. If a balloon order is delivered earlier than the day selected at checkout, no refund will be given.
9.4 Where a delivery attempt has been made and your order could not be delivered on or before the date you selected at checkout, you will need to arrange a re-delivery or collection. This can be done online using your unique tracking number. A missed or re-arranged delivery means that your balloon order will, in effect, have a longer delivery time and, as balloons are a perishable product that degrade over time, we can not offer any guarantee whatsoever, under these circumstances.
9.5 In the event that your order has been delivered to a nearby property or neighbour, or left in your "safe place" at your request, or has been accepted or signed for by someone other than the recipient, we can not accept responsibility should the goods not be passed on, transferred, or received by the the recipient.
9.6 Delivery is complete once the Products have been delivered, or delivery has been attempted to the address (or "safe place") set out in your order, or accepted at a different address on your behalf. The Products will be your responsibility from that time.
9.7 You own the Products once we have received payment in full, including all applicable delivery charges.
9.8 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, the delivery company may:
(a) leave the Products with a neighbour or in a safe place; or
(b) leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
9.9 It is your responsibility to ensure that the delivery address provided is complete, correct, valid and fully recognisable to our delivery service providers. We do not accept liability for an incorrect or incomplete address. A refund will not be provided if Products are not delivered (on time, or at all) because of an incomplete or incorrect address.
9.10 Any proof of delivery, or attempted delivery, provided to us by delivery service providers is final. Any claims to the contrary should be taken up with the relevant delivery service provider by the consumer.
9.11 In the event of your order not being delivered on the date chosen at Checkout (your preferred delivery date) or within 4 working days after your preferred delivery date, we may at our discretion issue a full refund for any perishable or personalised product supplied to you, subject to you not having amended the delivery date.
9.12 If you refuse delivery of the Product for any reason, this does not entitle you to an automatic refund of the price you paid. If a Product or it's packaging appears to be damaged on delivery, please let us know immediately so that we can resolve this for you.
9.13 Any order which you choose to have delivered to either a Hotel, Hospital, Restaurant, Venue, Holiday Accommodation or Student Accommodation is done entirely at your own risk. We can not accept responsibility for any loss which may occur in this case.
9.14 All available delivery options are shown during checkout. We will make every effort to use the delivery method selected, however we are not responsible for service limitations imposed by our delivery partners, restricting specific postcodes or delivery addresses from the service selected.
9.15 When we ask you to choose your "Preferred delivery date" during the Checkout process, this is the date that we will try to deliver your order. It is not a guaranteed delivery date.
10. PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 The prices of the Products will be as quoted on Our Website at the time you submit your order. We use our best efforts to ensure that the prices of the Products are correct at the time when the relevant information was entered onto the system. However, please see clause 10.5 for what happens if we discover an error in the price of the Products you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 Our delivery charges are as advised to you during the checkout process, before you confirm your order.
10.4 We will normally check prices as part of our dispatch procedures so that:
(a) where the Products correct price is less than the price stated on Our Website, we will charge the lower amount when dispatching the Products to you; and
(b) if the Products correct price is higher than the price stated on Our Website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you.
10.5 When a price discount is offered as an incentive to purchase additional products, the discount is restricted to an individual order number, for delivery to a single address on any single date.
11. HOW TO PAY
11.1 You can pay for Products using most major credit and debit cards.
11.2 Payment for the Products and all applicable delivery charges is in advance.
12. OUR RESPONSIBILITY FOR LOSS OF DAMAGE SUFFERED BY YOU
12.1 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4 Any information provided in our How to... section is provided in good faith and should not be taken as recommendation or endorsement of any third party product or service.
13. HEALTH AND SAFTEY
13.1 The products we sell are not toys. Please retain any packaging for future reference. You agree to provide adult supervision with the use of our products around children.
13.2 Most (but not all) of our balloons contain some latex, to which some people may have an allergy. By placing an order, you agree for us to send balloons which may contain latex, to the recipient. If you require a latex free product please feel free to get in touch with us, and we will be happy to help.
13.3 You agree not to inhale Helium or allow pets and children to play with inflated or deflated balloons that we have supplied.
14. DATA PROTECTION
14.2 The information you provide will be used by us primarily to provide the Products to you. This will include updating and enhancing customer records, analysis to help us manage our business, statutory returns and legal and regulatory compliance.
14.3 Your information will be kept confidential and secure. Our use of this information is subject to your instructions and the General Data Protection Regulation.
15.1 We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by posting on this webpage if this happens.
15.2 You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
15.3 Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
15.4 If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
15.5 Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.6 The Contract is between you and us. No other person has any rights to enforce any of its terms.
15.7 All content on this website is protected by copyright law and no part of it can be copied or reproduced without our express permission. "Balloons by Celebrations", "Buxton Balloons" and "Buxton Party Shop" are all trading names of Celebrations.
15.8 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.
In order to process your enquiry or order we need to collect certain personal details from you. These details will include, where applicable, the names and contact details (including email address). We may need to pass your details to the third parties who need to know them so that your enquiry can be dealt with. By submitting your enquiry to us, you agree to your personal details being processed in this way.
We may need to disclose our customer database, including any personal data relating to you contained therein, to a third party who acquires or attempts to acquire all or substantially all of the assets or stocks in our company or our website whether by merger, acquisition, reorganisation or otherwise.
Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you give us as set out above unless you agree or tell us otherwise. We have appropriate security measures in place to protect this information.
You are generally entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. We promise to respond to your request within 30 days of receiving your written request and fee. In certain limited circumstances we are entitled to refuse your request.
If you believe that any of your personal details which we are processing are inaccurate or incorrect please contact us immediately.
This privacy statement covers websites owned and controlled by us only. Links to other websites and any information collected by these sites are not covered by this privacy statement. As our privacy statement may change due to developments in the law, we would encourage you to re-read our privacy statement from time to time so that you are aware of any changes in how we gather and use personal information.
From time to time we may use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.