These terms and conditions, together with the documents referred to in them, set out the basis on which we will supply goods and services. (“Goods”) refers to goods listed on our website (www.ballooninabox.ie). By using our website ‘www.ballooninabox.ie’ you agree to be bound by terms and conditions. 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 Box (“we/us/our”).
1.2 Our main trading address is Unit 1, Kilcoole Ind. Estate, Greystones, Co. Wicklow A63 FW29
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 a legally binding agreement;
2.2.2 You are at least 18 years old.
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, 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 conditions.
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 Goods.
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 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 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 dispatched.
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 many 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 mispricing.
Payment for all Goods must be by credit card or debit card. We accept payment with Mastercard and Visa.
8.1 The Goods will be delivered to the delivery address provided by you. It is your responsibility to provide the customer Eircode and mobile number to avoid delays. 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 the delivery company, and you are not entitled for refund if your delivery is 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 provide 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 rate, Contract rate against any invoice raised for such Goods or a refund of the purchase price paid.
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.
8.9.1 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.
8.9.2 DPD couriers will not require signatures from customers during the coronavirus pandemic. This is to ensure the safety of our customers and their staff.
DISCLAIMER NOTICE: During busy periods some parcels can be delayed. 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. We do not provide a refund for unwanted items if it is not in re-saleable condition. This is a term of our business; your statutory rights are not affected.
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 1980 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 insurance 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 affected 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; or
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 order dispatched in time but delayed or did not get delivered by a specific date or time as delivery process is beyond our control and we can’t be liable for delays caused by the 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 credit card or debit card, 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.
10.5 We do not provide a refund for unwanted items if it is not in re-saleable condition.
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 or in person are of satisfactory quality and reasonably fit for all the purposes for which Goods of that kind are commonly supplied; but
11.1.2 We shall only be liable to you for:
126.96.36.199 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