Terms of service

Welcome to Box Balloons Ltd Terms pages.

The following pages set out how we do business and what you can expect from us, whether you purchase something from the Site or not. They are intended to bind all visitors to the Site and, if you purchase an item or service from us, the terms under which we supply it.

We’ve tried to make them simple, but if there is anything that is not clear, please contact us.

These terms do change from time to time and we will assume that you have read them each time you visit us.

There are various parts to these terms, which are as follows:

Terms of Use – which apply to all visitors to the Site, whether or not you make a purchase from us.
Buying Terms – the terms which apply when you purchase products from us.
Privacy & Cookie Policy – which tells you how we use your personal data and cookies.
Refund Policy
Delivery Policy
Definitions – where we define the meaning of certain words we use.

WEBSITE TERMS OF USE

These Terms apply to anyone visiting the Site, whether you order from us or not.

1. YOU PROMISE US

You agree that:

You are over the age of 18 years.
You will have only one Account with us.
You will not pretend to be someone else when you use the Site.
If you link to another site through us, you will read their Terms.
You will not use robots, spiders, scrapers or similar things on the Site.
You will not try to get around any things we put on the Site to stop or limit access to parts of it.
You will not do anything that might cause our systems to crash.
You will not steal the Site or any part of it for use in any other site or application.
You will not try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any of the systems we use.
You will not use our trademarks and/or designs and/or layout before asking us.

2. INTELLECTUAL PROPERTY

2.1 We and our business partners own all of the Intellectual Property (IP) and Intellectual Property Rights (IPR) on the Site and in any plans we might produce for you. Neither the Site nor the Content may be copied, duplicated, reproduced, modified, sold or used, in any way, for any purpose without our written consent.

2.2 We will retain ownership of any and all IPR that may subsist in any plans we may produce for you. You may not use such IPR for any purpose, whether commercial or otherwise.

2.3 All trademarks and logos on the Site are our property (or those of our affiliates) and are protected, where we feel it necessary, by trademark, copyright and such other protection that we feel appropriate.

2.4 You may download and print any Material for your own use only, and not for any commercial or other use whatsoever..

3. DISCLAIMERS

3.1 We are not able to promise that the Site will work how you expect it to work. We have tried to make it function in a manner which we think will match your expectations, but we are unable to guarantee that it will.

3.2 We are not able to guarantee that the Site will work with your device or will be secure.

3.3 Whilst we take reasonable precautions to ensure the accuracy of information we publish on the Site, we cannot guarantee its accuracy and suggest that, if any information is important to you, you verify it independently.

3.4 Any advice we offer on the Site is only general in nature and may not apply to you. You should seek specialist advice in connection with any use of the Products, if you are in any doubt as to such use.

3.5 If using the Site causes your device issues, unless we have caused them deliberately or recklessly, we have no responsibility to put them right.

3.6 If you link to another site through the Site, you undertake to make sure that the other site is safe to do so. We have no control over the sites we link to.

4. AVAILABILITY OF THE SITE

4.1 We never guarantee that the Site will be available all the time and if it is not available for any reason you cannot hold us responsible for anything you lose as a result.

4.2 We have the right to change the Site and the services it offers, suspend it or stop it at any time, without compensating you.

5. LIMITATION OF LIABILITY

5.1 As far as we are allowed by law we deny liability for any loss of all kinds which you incur from visiting the Site. You use the Site at your own risk.

5.2 Nothing in these Terms excludes or restricts our liability for death or personal injury resulting from any negligence, or fraud, on our part.

6. LINKS TO OTHER WEBSITES

6.1 We do not control any of the websites we link to and are not responsible for their content. We have no liability if you lose anything when using such a site.

6.2 We are not responsible for evaluating other sites to which we may link from the Site. We have no responsibility or liability for the actions, contents, products or services of other sites. You agree to read and review the terms and privacy policies of all sites we link to.

6.3 A link to another site does not mean that we endorse or recommend that site.

6.4 We can never guarantee that a link that we offer will work.

7. MODIFICATIONS TO THESE TERMS AND THE SITE

7.1 These Terms will change from time to time and we do not have the resources to let all our visitors know about the changes.

7.2 Each time you visit the Site, you agree to look at this page to see if we have changed any Terms.

7.3 We may change the Site as often as we choose, and these Terms will still apply to any changes we make.

8. DATA PROTECTION & PRIVACY

You and we both agree to comply with the Privacy Notice which forms part of the Agreement.

9. NO WAIVER

No failure by us to enforce any provision in these Terms will constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms. Such failure will not be deemed to be a waiver of any preceding or subsequent breach and will not constitute a continuing waiver.

10. SEVERANCE

If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the rest of these Terms and the remainder of the provision in question will not be affected.

11. THIRD PARTY RIGHTS

No person who is not a party to these Terms has any rights under the Contracts (Rights of Third Parties) Act 1999.

12. FORCE MAJEURE

No Party to these Terms, and any Agreement made under them, shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

13. ADDITIONAL TERMS

13.1 Operative Law – These Terms and any Agreement under which they operate are made under the laws of England and Wales and that is the only jurisdiction which can govern it.

13.2 Partnership/Joint Ventures – We are not entering into a partnership or co-venture with you.

13.3 Effect – These Terms supersede all previous Terms and represent the entire understanding between you and us.

13.4 Time of the Essence – Time will not be of the essence in any part of these Terms.

13.5 Notices – If either you or we need to give formal notice to the other it must be done by email to the address each of us gives to the other from time to time.

13.6 Entire Agreement – These Terms contain the entire understanding between us.

BUYING TERMS

These Terms apply if you want to buy our Products.

1. ORDERING

1.1 You represent and warrant that:

1.1.1 all information you submit to us is complete, accurate and truthful;

1.1.2 you have permission to submit payment information where permission may be required;

1.1.3 you will at all times keep this information accurate and up-to-date.

1.2 A binding contract, on these Terms, when ordering through the Site will come into existence only when we accept an order from you. We have no obligation to accept any order.

1.3 If making an order through the Site, until we tell you, by email or otherwise, that we have accepted your order, we can reject it and will return any money you have sent us using the method by which you paid us.

1.4 If, for any reason, we can’t supply the Product you have requested, even after we have accepted your order, as long as we refund all money you have paid us, we will have no further liability to you.

1.5 We always try to describe all of our Products accurately but we can never guarantee that small changes will not be present, that colours will be exactly the same as they appear on our website and that the materials will be exactly the same.

1.6 The images we use may not look the same on our screens as they will on yours.

1.7 All measurements/sizes we publish are approximate.

2. DATES AND TIMINGS

Whilst we will always do our best to meet any date we have agreed with you for the delivery of Products, we are unable to control third party couriers. Time will not be of the essence in relation to any dates and times we provide.

3. DESIGN

If we provide a personalisation service you warrant that you have the right to use all text and images you upload and that you will indemnify us from and all liability arising out of any third party claims associated with such use, including but not limited to breach of intellectual property rights.

4. DEFECTS

Our Refund Policy applies to all Products we supply

5. DELIVERY

Our Delivery Policy applies to all deliveries.

6. CANCELLATION

6.1 If you are a consumer, you may have a statutory right to a “cooling off” period. This period begins once the contract between you and us is formed and ends at the end of 14 calendar days after the date on which the contract is formed. This right does not apply to you if you are obtaining the Services as a business.

6.2 If you wish to cancel the Agreement within the cooling off period you should tell us immediately by phone, letter or email.

6.3 To meet the cancellation deadline, it is sufficient for you to tell us you want to cancel before the cancellation period has expired.

6.4 If you exercise this right to cancel you will receive a full refund of any amount paid to us under the Agreement.

6.5 We will refund money using the same method used to make the payment.

6.6 We will process the refund within the period of 14 calendar days after the day you tell us that you want to cancel.

6.7 These rights do not apply to personalised Products

6.8 We may need to cancel the Agreement before we supply the Products If such cancellation is necessary, we will tell you as soon as we can and we will refund the sums paid, as soon as is reasonably possible, and in any event within 14 calendar days of termination. You will have no right to any compensation if we cancel in this way.

7. PROHIBITED USES

You may not use our Products:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; or

(f) for any obscene or immoral purpose.

8. FORCE MAJEURE

8.1 We will not be liable for any failure or delay in performing our obligations under these Terms if that failure or delay arises because of any cause beyond our reasonable control.

8.2 Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.

8.3 If this happens:

We will tell you as soon as we reasonably can;

We will do all that we reasonably can to minimise the delay;

If we cannot minimise the delay, we will cancel your order for the Product and refund you the money you have paid us, using the same method by which you paid us.

9. TRANSFERRING RIGHTS AND OBLIGATIONS

9.1 We may transfer (assign) our rights and obligations under these Terms to a third party. This might happen if we sell our business. If that happens, we will tell you and your rights under these Terms will not be affected.

9.2 You may not transfer (assign) your rights and obligations under these Terms.

10. LIMITATION OF LIABILITY

10.1 We are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.

10.2 Nothing in these Terms limits our liability:

for death or personal injury caused by our negligence;
under section 2(3) of the Consumer Protection Act 1987;
for fraud or fraudulent misrepresentation; or
for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

10.3 If you are a business user, please note that, in particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.

10.4 If you are a Consumer, please note that we only provide Products for domestic and private use. You agree not to use our Products for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.5 Our total liability to you is limited to the total amount you have paid to us for the Product.