These terms and conditions together with the documents
referred to in them set out the basis on which we will supply you with
any goods ("Goods") listed on our website
Please read these terms carefully before ordering any Goods from our
website. By ordering any of the Goods, you agree to be bound by these
terms and conditions. You should print a copy of these terms and
conditions for future reference.
Please tick the box in step 3 of the checkout process if you accept
them. Please understand that if you refuse to accept these terms and
conditions, you will not be able to order any Goods from our website.
1. INFORMATION ABOUT US
1.1 The Goods are provided by Balloon in a Box ("we/us/our").
1.2 Our main trading address is Unit 18, Tallaght Business Center, Whitestown Industrial Estate, Dublin, D24 C924
1.3 Our VAT registration number is IE3327923EH
2. YOUR STATUS
2.1 You are a customer ("Customer") if you purchase Goods from us for private use.
2.1.1 Clause 5 does not apply unless you are purchasing Goods as a Consumer; and
2.1.2 Clauses 9.6 to 9.8 do not apply unless you are purchasing Goods as a Business Customer.
2.2 By placing an order with us, you warrant that:
2.2.1 You are legally capable of entering into binding contracts;
2.2.2 You are at least 18 years old; and
2.2.3 You are resident in the United Kingdom or Republic of Ireland.
3. APPLICATION OF TERMS
3.1 These terms and conditions apply to all sales of
Goods provided by us to you via our website, over the telephone, by
email or in person.
3.2 No contract for the supply of Goods (the "Contract") shall exist until we dispatch the Goods to you.
3.3 Each order for Goods by you to us will be deemed to be an offer by you to purchase Goods subject to these terms.
3.4 You must ensure that the terms of your order and any applicable specification are complete and accurate.
3.5 These terms will be incorporated in the Contract to the exclusion of all other terms and condi-tions.
4. DESCRIPTION OF GOODS
4.1 The Goods will conform in all material respects
with any specification provided to and accepted by us. We reserve the
right to amend any specification without prior notice to you provided
that any such amendment does not adversely affect the performance of the
4.2 We retain all intellectual property rights owned
by us or licensed to us in any Goods (and in any accompanying
documentation) delivered to you by us.
4.3 You will not remove, alter, deface or tamper with any of the trade marks, or trade names affixed to or appearing on the Goods.
4.4 If the Goods are manufactured in accordance with
any design or specification provided by you, you will compensate us in
full and on demand for all claims, expenses and liabilities of any
nature in connection with any claim or allegation that the design or
specification infringes the rights of any third party.
4.5 Notwithstanding the provisions of clause 11.1.1
which relate to fitness for purpose, unless other-wise agreed by us in
writing in any particular instance, you shall be solely responsible for
selecting Goods which are suitable for use with any application with
which they are to be used.
5. CONSUMER RIGHTS
Clause 5 only applies if you are a Consumer.
5.0 If you
have placed an order for a Personalised Product, you will only be able
to change or cancel your order in the following circumstances: you will have 30 minutes from
the time that you place an order for a Personalised Product to change
or cancel that order. After the 30 minutes have passed, a Personalised
Product will be sent for production and you will not be able to
cancel or change that order. Your 30 minutes will
run from the time that you place your order and will run outside of
normal business hours.
5.1 You may cancel a Contract fat any time within 7
working days, beginning on the day after you receive the Goods. In this
case, you will receive a full refund of the price paid for the Goods in
accordance with our refunds policy which is available on our website. This right of cancellation does not apply to any Goods
which are personalised or made to your specification.
5.2 To cancel a Contract, you must inform us by
sending an email to email@example.com pursuant to clause 13
below. You must also return the Goods to us immediately, in the same
condition in which you received them, and at your own cost and risk. You
have a legal obligation to take reasonable care of the Goods while they
are in your possession. If you fail to comply with this obligation, we
may have a right of action against you for compensation.
5.3 Details of how to exercise this right of cancellation are available upon request.
5.4 Nothing in this clause affects your statutory rights.
6.1 The price of any Goods will be as quoted on our website or as otherwise agreed between us, except in cases of obvious error
6.2 Prices are liable to change at any time, but
changes will not affect orders in respect of which we have already been
6.3 Delivery costs will be added to the total amount due as set out in our delivery guide
6.6 You acknowledge that we stock a large number of
Goods. It is always possible that, despite our best efforts, some prices
may be incorrectly listed. We are under no obligation to provide Goods
to you at an incorrect, lower price, even after we have acknowledged
your order or dispatched the Goods, if the pricing error is obvious and
unmistakable and could have reasonably been recognised by you as
Payment for all Goods must be by credit, debit card or PayPal
account. We accept payment with Mastercard, Visa and Maestro using
PayPal and SagePay system.
8.1 The Goods will be delivered to the delivery address provided by you. Every effort will be made to have your products delivered on the date
you have requested but this date can be delayed due to circumstances
beyond our control. Specific delivery times or dates cannot be guaranteed. We accept no liability for delays caused by delivery company and you are not entitled for refund if your delivery delayed.
8.2 Time of delivery will not be of the essence and
any delivery date is an estimate only. We will use all reasonable
endeavours to avoid late deliveries. You will have the right to cancel
any order without liability to us if delivery is more than 30 days late.
This clause 8.2 sets out your only remedy for such delay.
8.3 The quantity of any consignment of Goods as
recorded by us upon dispatch from our place of business will be
conclusive evidence of the quantity received by you on delivery unless
you can pro-vide conclusive evidence proving the contrary.
8.4 We will not be liable for any non-delivery of
Goods (even if caused by our negligence) unless written notice is given
to us within 10 days of the date when the Goods would in the ordinary
course of events have been received.
8.5 Our liability for non-delivery of the Goods will
be limited to, at our discretion, replacing the Goods within a
reasonable time, issuing a credit note at the pro rata Contract rate
against any invoice raised for such Goods or a refund of the purchase
8.6 Any claim that any Goods have been delivered
damaged or do not materially comply with their description shall be
notified by you to us and (where appropriate, to the carrier) within 7
days of their delivery. Provided that you return such Goods to us in
accordance with clause 10, we will at our sole discretion replace such
Goods, issue you with a credit note for the price of such Goods or
refund the price paid for such Goods. The provisions of this clause 8.6
set out your sole remedy in such circumstances.
8.7 We may at our discretion deliver the Goods by
instalments. Where the Goods are delivered by instalments, no default or
failure by us in respect of any one or more instalments will entitle
you to cancel the Contract in respect of the Goods previously delivered
or for any Goods yet to be delivered.
8.8 If you fail to take delivery of the Goods or any
part thereof at the time of delivery, then we will be entitled to
cancel or suspend such delivery and all other outstanding deliveries and
to charge you for the loss suffered. You will be required to sign for
goods delivered by Courier or Recorded Mail.
8.9 Nobody Home Policy / Difficulty Locating Address policy:
If your recipient is not available to accept their item when we attempt delivery the parcel will be held for 5 days in local sorting office before being returned to us if it is not collected.
9. RISK AND TITLE
9.1 Risk in the Goods passes to you when the Goods are delivered to you.
9.2 You will insure the Goods against theft or any damage howsoever caused until their price has been paid in full.
9.3 For the purpose of section 12 of the Sale of
Goods Act 1979 we will transfer only such title or rights in respect of
the Goods as we have and if the Goods are purchased from a third party
will transfer only such title or rights as that party had and has
transferred to us.
9.4 Notwithstanding clause 9.3, title in the Goods
will remain with us and will not pass to you until the amount due under
the invoice for them or any other outstanding invoice from us to you
(including interest and costs) has been paid in full.
9.5 We may maintain an action for the price of any Goods notwithstanding that title in them has not passed to you.
Clauses 9.6 to 9.8 only apply if you are a Business Customer
9.6 Until ownership of the Goods has passed to you, you must:
9.6.1 Maintain the Goods in satisfactory condition
and keep them insured on our behalf for their full price against all
risks to our reasonable satisfaction. On request you will produce the
policy of insur-ance to us; and
9.6.2 Hold the proceeds of the insurance referred to
in clause 9.6.1 on trust for us and not mix them with any other money,
nor pay the proceeds into an overdrawn bank account.
9.7 You may resell the Goods before ownership has passed to you solely on the following basis:
9.7.1 Any sale will be effected in the ordinary course of your business at full market value; and
9.7.2 Any such sale will be a sale of our property on your own behalf and you will deal as principal when making such a sale.
9.8 Your right to possession of the Goods will terminate immediately if:
9.8.1 You (being an individual) have a bankruptcy
order made against you or make an arrangement or composition with your
creditors, or otherwise take the benefit of any statutory provision for
the time being in force for the relief of insolvent debtors, or (being a
body corporate) convene a meeting of creditors (whether formal or
informal), or enter into liquidation (whether voluntary or compulsory)
except a solvent voluntary liquidation for the purpose only of
reconstruction or amalgamation, or have a receiver and/or manager,
administrator or administrative receiver appointed over your undertaking
or any part thereof, or a resolution is passed or a petition presented
to any court for your winding up or for the granting of an
administration order in respect of you, or any proceedings are commenced
relating to your insolvency or possible insolvency in any jurisdiction;
9.8.2 You suffer or allow any execution, whether
legal or equitable, to be levied on your property or obtained against
you, or fail to observe/perform any of your obligations under the
Contract or any other contract between us and you, or are unable to pay
your debts within the meaning of section 123 of the Insolvency Act 1986
or you cease to trade; or
9.8.3 You encumber or in any way charge any of the Goods; or
9.8.4 Anything analogous to the foregoing occurs in any other jurisdiction.
10. REFUNDS POLICY
10.0 The refund is not available if your parcel dispatched in time but delayed or not delivered by specific date or time as delivery process beyond our control and we can't be liable for delays caused by delivery company.
10.1 Unless there has been an error on our part, or the item you purchased is
defective, you have no right to cancel and we cannot accept returns on
'Personalised' or 'bespoke' items, whether by name or date, as these
cannot be sold to anyone else.
10.2 When you return Goods to us in a re-saleable condition:
10.2.1 Because you cancelled the Contract in
accordance with clause 5 (Consumer Rights), we will process the refund
due to you as soon as possible and, in any case, within 30 days of the
day you have given notice of your cancellation. In this case, we will
refund the price of the Goods to be re-turned in full. However, you will
be responsible for the cost of returning the Goods to us;
10.2.2 For any other reason, we will examine the
returned Goods and will notify you via e-mail within a reasonable time
of any refund to which you are entitled. We will usually process the
refund as soon as possible thereafter.
10.3 We will normally refund any money received from
you by PayPal, we will refund the
same account originally used to pay for your purchase.
10.4 Please refer to our returns guide for further details of our Refunds Policy.
11. OUR LIABILITY
11.1 If you are contracting as a Consumer:
11.1.1 We warrant to you that any Goods purchased
from us through our website are of satisfactory quality and reasonably
fit for all of the purposes for which Goods of that kind are commonly
11.1.2 We shall only be liable to you for:
18.104.22.168 Losses that are caused as a result of any
breach of Contract by us (up to the value of the purchase price of the
Goods you purchased); and
22.214.171.124 Losses that are caused as a result of our
negligence. 11.1.3 We shall not be liable to you for any loss pursuant
to Condition 11.1.2 if:
126.96.36.199 Any such loss is not foreseeable. Losses
are foreseeable if they could have been contem-plated by both of us at
the time that your order was accepted by us; or
188.8.131.52 Any such loss (or any part thereof) was caused by or contributed to by your breach of any of these terms and conditions.
11.1.4 For the avoidance of doubt, we shall not be
liable for any indirect losses which happen as a side effect of the main
loss or damage, and 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) howsoever arising and whether caused by
breach of contract, negligence, or otherwise.
11.2 If you are contracting as a Business Customer:
11.2.1 All warranties, representations, terms,
conditions and duties implied by law relating to fitness, quality or
adequacy are excluded to the fullest extent permitted by law.
11.2.2 Without limiting the generality of Condition
11.2.1, we shall not be liable to you if any monies due from you to us
have not been paid in full.
11.2.3 Without prejudice to any of the provisions of this Condition 11.2, we shall have no liability to you for any:
184.108.40.206 Consequential losses;
220.127.116.11 Loss of profits and/or damage to goodwill;
18.104.22.168 Economic and/or other similar losses;
22.214.171.124 Special damages and indirect losses;
126.96.36.199 Business interruption, loss of business, contracts and/or opportunity; and/or
188.8.131.52 Inconvenience, delay or loss of production.
11.2.4 Without limitation to any of the foregoing,
our aggregate liability to you (whether for breach of Contract or for
negligence or otherwise howsoever), for any loss or damage of whatsoever
nature and howsoever caused, shall be limited to and in no
circumstances shall exceed the price of the Goods purchased from us.
11.2.5 Without limitation or prejudice to any of the
foregoing, you shall fully indemnify and hold us harmless against any
and all losses, damages and costs whatsoever arising from any breach of
any of your obligations under any of these terms and conditions and/or
the Contract, whether attributable to you, to your servants or agents,
or to any subcontractors appointed by you.
11.3 Nothing in these terms and conditions shall exclude or limit in any way our liability:
11.3.1 For death or personal injury caused by our negligence;
11.3.2 Under section 2(3) of the Consumer Protection Act 1987;
11.3.3 For fraud or fraudulent misrepresentation; or
11.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or
communications we send to you should be in writing. When using our
website, you accept that communication with us will be mainly
electron-ic. We will contact you by e-mail or provide you with
information by posting notices on our web-site. For contractual
purposes, you agree to this electronic means of communication and you
acknowledge that all contracts, notices, information and other
communications that we provide to you electronically comply with any
legal requirement that such communications be in writing. This
condition does not affect your statutory rights.
All notices given by you to us must be emailed to
firstname.lastname@example.org We may give notice to you at either the
e-mail or postal address you provide to us when placing an order, or in
any of the ways specified in clause 12 above. Notice will be deemed
received and properly served immediately, 24 hours after an e-mail is
sent, or three days after the date of posting of any letter. 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 e-mail, that such e-mail was sent to
the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 Any Contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or
otherwise dispose of a Contract, or any of your rights or obligations
arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract
or otherwise dispose of a Contract, or any of our rights or obligations
arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 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 events outside our reasonable control
(Force Majeure Event).
15.2 A Force Majeure Event includes any act, event,
non-happening, omission or accident beyond our reasonable control and
includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist
attack or threat of terrorist attack, war (whether de-clared or not) or
threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to
be suspended for the period that the Force Majeure Event continues, and
we will have an extension of time for performance for the duration of
that period. We will use our reasonable endeavours to bring the Force
Majeure Event to a close or to find a solution by which our obligations
under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a
Contract, to insist upon strict performance of any of your obligations
under the Contract or any of these terms and conditions, or if we fail
to exercise any of the rights or remedies to which we are entitled under
the Contract, this shall not constitute a waiver of such rights or
remedies and shall not relieve you from compliance with such
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and
conditions shall be effective unless it is expressly stated to be a
waiver and is communicated to you in writing in accordance with clause
If any of these terms and conditions or any provisions of a Contract
are determined by any competent authority to be invalid, unlawful or
unenforceable to any extent, such term, condition or provision will to
that extent be severed from the remaining terms, conditions and
provisions which will continue to be valid to the fullest extent
permitted by law.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document
expressly referred to in them represent the entire agreement between us
in relation to the subject matter of any Contract and supersede any
prior agreement, understanding or arrangement between us, whether oral
or in writing.
18.2 We each acknowledge that, in entering into a
Contract, neither of us has relied on any represen-tation, undertaking
or promise given by the other or be implied from anything said or
written in nego-tiations between us prior to such Contract except as
expressly stated in these terms and conditions.
19. RELIANCE ON INFORMATION APPEARING ON OUR WEBSITE
Commentary and other information, materials and/or images appearing
on our website are not in-tended to be relied upon nor to amount to
advice on which reliance should be placed. We therefore disclaim all
liability and responsibility arising from any reliance placed on such
information by any visitor to our website, or by anyone who may be
informed of any of its contents.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these
terms and conditions from time to time to reflect changes in market
conditions affecting our business, changes in technology, changes in
payment methods, changes in relevant laws and regulatory requirements
and changes in our system's capabil-ities.
20.2 You will be subject to the policies and terms
and conditions in force at the time that you order Goods from us, unless
any change to those policies or these terms and conditions is required
to be made by law or governmental authority (in which case it will apply
to orders previously placed by you), or if we notify you of the change
to those policies or these terms and conditions before we send you the
21. LAW AND JURISDICTION
Contracts for the purchase of Goods through our website will be
governed by Irish law. Any dis-pute arising from, or related to, such
Contracts shall be subject to the non-exclusive jurisdiction of the
courts of Ireland.