BUSINESS TO CONSUMER - Terms & Conditions
1. THESE TERMS:
1.1 These are the terms and conditions on which we supply products to you.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Hullaballoonza a Partnership established in England and Wales. Our address is 14 High Street, Sunninghill, Ascot, Berkshire, SL5 9NE. Our registered VAT number is GB333881686.
2.2 You can contact us by telephoning our customer service team at 01344 622 049 or by writing to us at email@example.com or 14 High Street, Sunninghill, Ascot, Berkshire, SL5 9NE.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Our acceptance of your order will take place when full payment is received and at this point, a contract will come into existence between you and us.
3.2 If we are unable to accept or complete your order, we will inform you of this and will not be charged or will be refunded in full for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Our brochure and website are solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
3.4 20% of your order total is a non-refundable booking fee, this allows us to restrict our diary for you.
4. OUR PRODUCTS
4.1 The images of the products in our brochures and on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure in our brochure or on our website.
4.3 If a collection is requested and the balloons are not picked up on the desired date, we are unable to provide a refund. If the balloons have begun to deflate, you will be charged for the reinflation. This is due to the balloons being perishable and personalised and therefore unusable for another customer.
4.4 Balloons are very fragile by nature and supplied by us as a decorative item. A full balloon care guide can be found on our website, alternatively, speak to a member of the team to find out more.
4.5 Balloons are a perishable item; we cannot guarantee the life span of any balloon due to their fragile nature. Float times vary depending on size, shape and material of the balloon in question. To find out more visit our website.
5. YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the product you have ordered, please contact us. 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 product, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5.2 We will always try and be accommodating to changes where possible. If you have any essential minor changes that you would like to make to your inflated or personalised order, we need a minimum of 2 working days prior to your order being due for delivery or collection. Depending on the request, there may be an amendment charge. If you inform us with less than 48 hours of your order being due for delivery or collection, and due to the products being perishable, a 25% charge of the overall value may apply in addition to the original payment due. We will only be able to accommodate changes where stock levels and staffing allow such changes to be accepted.
5.3 If amendments to the delivery address are required, please email or call us with the changes – firstname.lastname@example.org / 01344 622 049. Any changes to the address may require us to change our delivery schedule, this may result in a change to your original delivery time and may incur additional charges. Emails will be responded to within 48 hours and therefore if time sensitive call us on the number above.
6. OUR RIGHTS TO MAKE CHANGES
6.1 We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
6.2 Any customisable features provided by Hullaballoonza and associated websites are designed to be a representation. We reserve the right for the creative license over its products and will provide personalisation in the most effective way for the size, shape and layout of the chosen product. No refunds, discounts or compensation will be available for the personalisation style differing from the design or image shown or sent to us.
6.3 With the current climate across the globe, international suppliers are struggling to work within the restrictions put in place. Whilst we're working to ensure your products are exactly as advertised, there may be cases where very small amendments are made to the bunch, or the balloon, that you receive. Changes to the style of the bunch will only be made if the Creative Team are happy with the overall look and feel of the bunch and that it matches as close as possible to the one ordered. If there are any changes that need to be made to your order which completely change the aesthetic of the bunch ordered, a member of our team will contact you with alternatives.
7. PROVIDING THE PRODUCTS
7.1 The costs of delivery and installation will be as told to you during the order process.
7.2 During the order process we will let you know when we will provide the products to you along with installation times and requirements of installation.
(a) We will deliver your purchase to you and within a reagreed delivery slot.
7.3 We are not responsible for delays outside our control. If our delivery or installation of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
7.4 If you have asked to collect the products from our premises, you can collect the products from us during the hours of 10:00-12:00 Monday through to Saturday, unless specifically agreed with a member of the team; we are closed on Sundays. These collections times will revert back to our usual times at a point when the Government allow us to resume normal trading hours and at a point when we deem it safe to do so.
7.5 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of where your purchase has been left, or if unsafe to leave your products how to collect the products from our shop at 14 High Street, Sunninghill, Ascot, Berkshire, SL5 9NE.
7.6 If you do not collect the products from us as arranged, or if after a failed delivery to you do not re-arrange delivery or collect them from us we will destroy the products after a period of 3 days due to their perishable nature. If delivery can be re-arranged this will result in further delivery costs.
7.7 If you have asked us to install the products for you and you do not allow us access to your property as arranged, we may charge you additional costs incurred by us as a result, if, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract. If our access to the property is delayed and this puts us behind schedule for other deliveries and installations, your installation will be cancelled or postponed, you will not be eligible for a refund or compensation. This includes an occasion where your installation is not complete or finished on time as a result of your failure to ensure us access to allow reasonable time to complete the installation as previously arranged with you.
7.8 You will be given a delivery slot and a specific delivery time cannot be accepted. You must make the team aware of any time sensitive deadlines at the point of ordering and we will confirm whether or not we can commit to such a timeline.
7.9 The product will be your responsibility from the time we deliver the product to the address you provide us or you collect it from us.
7.10 You own the products once we have received payment in full, once payment is made in full you own the products used to create your design. If you cancel the products ordered cannot be returned to the supplier, any products ordered in specifically for your order are none refundable and owned by you. We may upon any cancellation withhold monies for these products and supply you with the said products.
7.11 We may need certain information from you so that we can supply the products to you and install them for you. If so, this will have been stated in the description of the products, in our brochure or on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 9.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying or installing the products late or not supplying or installing any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
7.12 We may have to suspend the supply of a product to:
(a) Deal with technical problems or make minor technical changes;
(b) Update the product to reflect changes in relevant laws and regulatory requirements;
(c) Make changes to the product as requested by you or notified by us to you (see clause 6).
7.13 You must pay a booking fee at the time of ordering, this allows us to block a section of our diary for you and your order, you may also be required to pay a booking fee before a specific date if we need to commence any immediate work or order any specific items from our suppliers. Your order must be paid in full before we begin inflating any balloons associated with your order. If payment is not made by the deadline set by the Hullaballoonza team, we may suspend supply of the products until you have paid us the outstanding amounts. This may incur a delay in suppling your products.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You may contact us to end your contract for an order at any time before we have delivered and installed it, but in some circumstances, we may charge you for doing this, such as when items have been ordered in specifically for your order, or when an extensive amount of time has already been spent on scheduling and managing your order, or as described below. Of course, you always have rights where a product is faulty or miss-described (see clause 10).
8.2 If you are ending the contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you partially or in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
(a) We have told you about an upcoming major change which would change the aesthetics of the product or these terms which you do not agree to (see clause 6.2);
(b) We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) We have suspended supply of the product for technical reasons, or we notify you that we are going to suspend them for technical reasons, or
(d) You have a legal right to end the contract if we have breached the terms set out within this contract.
8.3 If you are not ending the contract for one of the reasons set out in clause 8.2, then the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
8.4 If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. If you are ending the contract for one of the reasons specified in clause 8.2 above, or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances you must pay the costs of return.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract for a product at any time by writing or calling you if:
(a) You do not make payments to us when it is due;
(b) You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
(c) You do not, within a reasonable time, allow us to deliver the products to you and install them or collect them from us.
9.2 If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. IF THERE IS A PROBLEM WITH THE PRODUCT/EXCHANGES, REFUNDS AND RETURNS.
10.1 If you have any questions or complaints about the product, please contact us. You can telephone our team at 01344 622 049 or write to us at email@example.com or 14 High Street, Sunninghill, Ascot, Berkshire, SL5 9NE.
10.2 Inflated balloons without defects are no longer the responsibility of Hullaballoonza once they leave the shop premises. Any damage caused by the customer is the customer’s liability, and a replacement will be at the customer’s expense.
10.3 If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them or post them back to us.
10.4 We are unable to accept returns of inflated and/or personalised orders. Due to their nature, they are perishable and individually created for each customer, therefore, cannot be reused or resold. If your items are faulty this does not affect your statutory rights.
10.5 Due to the perishable nature of our products, sometimes they may arrive not looking as intended. All of our balloons are assembled by an incredibly dedicated and passionate team who don't allow any items to leave our studio unless they are absolutely perfect. Should your balloons end up damaged in transit, please email us a picture of your product within 24 hours of its collection or arrival and we'll do all we can to rectify, a dated picture emailed after the 24 hour timeframe will not be accepted.
10.6 We are unable to issue discounts or refunds if an image of the faulty item isn't provided within 24 hours of arrival, we will not accept a dated photo. Refunds and discounts will only be provided when the item is returned to us for investigation.
10.7 We can only rectify a faulty item if it is returned to us. We will carry out certain checks to determine the fault of a deflated balloon. Our balloons are inflated by a dedicated team and go through a lengthy process until finished. If the balloon is not faulty but has been damaged or popped, a replacement will be at the customer’s expense. Balloons are very fragile by nature.
10.8 Any returned item (other than balloons) must be undamaged, in their original unopened packaging and returned within 30 days of the original purchase. We endeavour to refund all amounts via their original payment method; however, we are unable to offer partial refunds if the original payment method was an iZettle payment link via text message and therefore any iZettle payment will be partially refunded via a BACS payment and the customer must provide these details to our accounts department.
11. PRICE AND PAYMENT
11.1 The price of the product (which includes VAT) will be the price agreed at the point of ordering. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product (including delivery and installation costs) in full before the change in the rate of VAT takes effect.
11.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the contract, refund you any sums you have paid and require you to return the product at our expense.
11.4 We accept payment with Visa, Mastercard, Amex, UnionPay, DinersClub, Discover, Maestro, VPay, Debit Cards, Apple Pay, Google Pay, Samsung Pay, Contactless & Chip & Pin. A booking fee must be received before we commence any substantial work on your order and full payment must be received (including delivery and installation costs) before we dispatch items or inflate balloons on your order.
11.5 If you think an invoice is wrong, please contact us promptly to let us know.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods and for defective products under the Consumer Protection Act 1987.
12.3 If we are installing the products or providing other services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services. When installing certain balloon products, we will use certain “non-damaging” fixtures, when such cases arise, we will require you to accept use of such product by signing an acceptance form, by doing so we negate liability for any damage that may be caused by such fixtures. We will provide you will all the information you need for said product. If you do not accept these fixtures, you will need to provide adequate fixing points for said installations. If you fail to provide such adequate fixtures the contract will end as the installation cannot be fulfilled.
12.3 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 Asphyxiation - Breathing in helium is very dangerous and can in rare occurrences cause death. Hullaballoonza does not support and strongly advise against the inhalation of helium.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
13.3 We are unable to discuss orders of any nature with the recipient of the items if they are not also the billable customer. For any queries regarding the order you've received, please have the billable customer get in contact with us.
14. OTHER IMPORTANT TERMS
14.1 We may transfer our rights and obligations under these terms to another organisation.
14.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.