These terms and conditions (together with the documents expressly referred to in them) tell you information about us and the legal terms and conditions ("Terms") on which we sell any of the products ("Products") listed on our website ("our site") , or otherwise sell Products, to you.
These Terms will apply to any contract between us for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
For orders made online, please click on the button marked "I Accept" at the end of these Terms or on the order form if you accept them. For orders made by email or on the telephone, you will be asked to confirm your acceptance to these Terms (by email or telephone as applicable). If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1.1 We operate the website www.bubblegumballoons.co.uk. We are Bubblegum Balloons Limited, a company registered in England and Wales under company number 08614104 and with our registered office at Unit B1, Armstrong Mall, Southwood, GU14 0NR. Our main trading address is Unit B1, Armstrong Mall, Southwood, GU14 0NR.
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
2.4 All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order if that is the case.
2.5 Your use of our Products is entirely your responsibility. Any movement of the Products after we have installed them (if applicable) is entirely your responsibility. Likewise, the disposal of the Products after your use of them is entirely your responsibility. We can accept no liability in any such regard.
3.1 While helium balloon gas is non-flammable and non toxic, inhaling helium can result in serious injury or death, since helium displaces oxygen needed for normal breathing. Never allow yourself or anyone else to inhale helium gas from any of our Products.
3.2 Balloons can also be dangerous, particularly for young children. It is your responsibility to take appropriate safety measures for the placing use and disposal of all our Products.
3.3 By agreeing to these Terms, you confirm that you have understood this warning and agree to use and dispose of the Products safely.
4. Use of Helium Balloons – Weather
4.1 When ordering the Products for use outside, consideration should be given to the effect adverse weather conditions can have on the Products.
4.2 We advise that you consider, and have available, an alternative plan in the event of poor weather conditions.
4.3 If, after delivery of the Products, adverse weather affects the Products, we are not responsible, although we will ensure that all Products are secured and weighted appropriately on set-up.
This clause 5 only applies if you are a consumer.
5.2 Because of the nature of our Products (see clause 3 above), they can only be purchased by adults (over 18 years of age). We do not supply these Products to anyone who does not satisfy this age requirement. If you are underage, please do not attempt to order the Products through our site.
5.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
This clause 6 only applies if you are a business.
6.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
7.3 After you place an order online, you will receive an email from us acknowledging that we have received your order. However, 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 7.5.
7.5 If you place an order by email or by telephone, we will send you an email containing a quote for the Products (the “Quote”). Once the Quote is agreed between us, it will be converted into an invoice (the “Invoice”) and an email will be sent to you attaching the invoice (the “Order Confirmation”) The Contract between us will only be formed when we send you the Order Confirmation.
7.6 Prior to us sending the Dispatch Confirmation or Order Confirmation, you can change the delivery address by emailing the new address to email@example.com. We reserve the right to make a reasonable alteration to the quoted price if the new delivery address will increase our costs. We will notify you of any such alteration within 48 hours of receipt of your notification of change of delivery address.
7.7 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.4, subject to clauses 9.2 and 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
9.3 Once we are ready to prepare the Products to be dispatched we will send you a Dispatch Confirmation or an Order Confirmation (depending on how you placed the order), following which you are no longer entitled to cancel the Contract. This is because the Products are exempt from the cancellation right as they are perishable goods.
9.4 Your right to cancel a Contract starts from the date of the Order Confirmation or the Dispatch Confirmation (depending on how you placed the order), which is when the Contract between us is formed, and will last for a period of 14 calendar days except in the case of Products made to your specification or clearly personalised (to which the cancellation right does not apply) or where we have sent a Dispatch Confirmation or where the Products have been delivered.
9.5 To cancel a Contract, please contact us in writing to tell us by sending an email to firstname.lastname@example.org or by sending a letter to Unit B1, Armstrong Mall, Southwood, GU14 0NR. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us.
9.6 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.5. If you returned the Products to us because they were faulty or mis-described, please see clause 9.8.
9.8.1 we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us;
9.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1 Your order will be fulfilled by the estimated delivery date or set-up time set out in the Despatch Confirmation or the Order Confirmation (depending on how you placed your order), unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date or set-up time because of an Event Outside Our Control, we will contact you with a revised estimated delivery date or set-up time.
10.2 Our Website Orders cannot be delivered on a Sunday because we send all of our balloons with a Courier that does not support Sunday Delivery. However, for our orders placed with our sales team via email or phone we can offer installation and delivery of balloons on a Sunday for events, parties and weddings.
10.4 If there is no-one available to sign for the Products upon delivery, a card will be left by the courier with details of how to arrange re-delivery or collection from a local depot.
10.7 In the unfortunate and unlikely event that the Products are damaged in transit, please send an email to email@example.com and we will send out replacements as soon as possible.
11.2 If you order Products from our site for international delivery, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
12.1 The prices of the Products will be as quoted on our site from time to time or as agreed with us by email or on the telephone. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.
12.3 The price of a Product may not include delivery charges. Our delivery charges are as quoted on our site if ordering online or on our quote if you are ordering via phone or email with the team. To check online relevant delivery charges, please refer to our Delivery Charges page [http://www.bubblegumballoons.co.uk/#!shipping-and-delivery/c1nac].
12.4 Where you have ordered the Products for an event and we have agreed to “set-up” the Products for that event we will charge you “set-up” fees for this service which will be agreed as part of your order.
12.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
12.5.2 if the Product's correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product 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 in writing.
13.2 Payment for the Products and all applicable set-up fees and delivery charges is in advance, unless otherwise agreed. We will not charge your debit card or credit card until we dispatch your order.
14.1 This clause 14 applies whether you are a business or a consumer and you wish to:
(a) cancel an order; or
(b) reduce the size of an event, as a result of which the price of your order is reduced.
(a) Notice received by us more than 120 days prior to the delivery date: Nil.
(b) Notice received by us 120 to 61 days prior to the delivery date: 50% of the order price.
(c) Notice received by us 60 to 31 days prior to the delivery date: 80% of the order price.
(d) Notice received by us 30 days or less prior to the delivery date: 100% of the order price.
14.3 If you wish to reduce the size of an event, you must give us written notice, specifying the details of the desired reduction. If such reduction results in a change of more than 40% of the order price, we reserve the right to cancel the contract by giving you written notice and apply the cancellation charges in accordance with clause 14.2 (the date of cancellation being the date on which we received your notice of reduction).
14.4 If you wish to postpone your order, you must give us written notice, specifying the details of the desired future delivery date. Provided that a revised delivery date is agreed within 130 days of the original delivery date, any payment received from you shall form a credit towards the order. If a revised delivery date is not agreed, we reserve the right to cancel the order by giving you written notice and apply cancellation charges in accordance with clause 14.2 (the date of cancellation being the date on which we received your notice of postponement). Please note that we may not be able to agree to a requested postponement date, for example due to lack of availability.
14.5 If you wish to cancel, reduce, or postpone, your order you must give us notice in accordance with clause 18.
14.6 If you are a consumer, this clause 14 does not affect your rights under clause 9.1 to cancel a Contract.
This clause 15 only applies if you are a business customer.
15.3 Subject to clause 15.2, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
15.4 Subject to clause 15.2 and clause 15.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
This clause 16 only applies if you are a consumer.
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
16.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an email to firstname.lastname@example.org or by sending a letter to Unit B1, Armstrong Mall, Southwood, GU14 0NR. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us.
18.2.2 If you wish to contact us in writing for any other reason, you can send this to us by email or by pre-paid post to Bubblegum Balloons Limited at Unit B1, Armstrong Mall, Southwood, GU14 0NR or email@example.com. You can always contact us using our Customer Services telephone line as set out on our Contact Us page.
18.4.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, email, or posted on our website.
18.4.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by email, one Business Day after transmission; or, if posted on our website, immediately.
18.4.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, 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 and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
19.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
19.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
For an extended guide to using our balloons, please see the Bubblegum Balloon's Balloon Care Guide here: https://bubblegumballoons.blog/2018/03/01/balloon-care-guide/