Terms & Conditions

1. Disclaimer of Warranties

THIS SITE, THE MERCHANDISE, AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. These warranties are hereby excluded to the fullest extent permissible by law.

This Site includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content created by Balloon House, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Balloon House. Balloon House DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.

 

2. Limitation of Liability

THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT SHALL Balloon House (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS AND SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF Balloon House OR Balloon House AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL Balloon House (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE PRODUCTS AND SERVICES, OR ANY PRODUCTS AND SERVICES REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF Balloon House OR Balloon House AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Balloon House, ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS AND SERVICES OR ANY PRODUCTS AND SERVICES REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO Balloon House FOR THE PAST 12 MONTHS OF THE PRODUCTS AND SERVICES.

 

3. Payment:

Balloon House is cashless. Balloon House accepts all major credit cards (Visa, MasterCard, American Express, Discover), PayPal, Apple Pay, Amazon Pay, and Google Pay as forms of payment.

Balloon House does not keep credit cards on file. A client must submit payment at each order.

To book and reserve an order, full payment must be made. If not, the order is not scheduled for its delivery or pickup.

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4. Cancellation

All orders are final and non-refundable 24 hours after payment is processed. Delivery and pickup times can only be modified based on availability. If your order is not fulfilled due to a Force Majeure, as described in Section 30, solely a credit will be issued. 

Rental items are final and non-refundable unless client will let the company know 48 hours prior , in that case, partial refund can be issued, depending on what has been already initiated from companies side.

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5. Delivery:

Balloon House cannot guarantee a delivery at an exact time and location and offers a delivery window of 2 hours. The purchaser is responsible for confirming the permission of the delivery to the set location, that includes the permission of latex and foil balloons. Balloon House recommends having the purchaser/ or recipient onsite to receive the order. Balloon House does not recommend leaving orders unattended at delivery. If the location has a doorman, Balloon House may call the order purchaser or recipient of the order to confirm the doorman is capable of accepting the delivery if necessary. Balloon House does not take responsibility or issue refunds if the order is not received by someone upon delivery, or if another person on-site handles, damages, or misplaces the order. Balloon House will only deliver items included in the order. Additional decor, alcohol, or food items not purchased through Balloon House will not be delivered. Balloon House is not responsible or liable, if the purchaser and/or the recipient of a delivery experiences any health issues or illness that follows the receiving of an order.

Balloon House will only deliver an order once, to one location at the time and place set by the purchaser. If a delivery cannot be delivered for any reason, Balloon House will return the order to production and the purchaser will be notified. If a second delivery is made, the purchaser will incur an additional delivery charge and Balloon House is not responsible for any damages to the order. Balloon House will not pick up and re-deliver an order after the initial delivery. Undeliverables orders will not be refunded.

Balloon House will photograph all delivery orders upon completion for quality control and Balloon House portfolio and social media. For privacy, Balloon House will not photograph the receipt nor will they if it is requested. No photos with a person(s) will be shared on Balloon House portfolio or social media pages unless consent is given by those photographed. No contact information of the purchaser or client is shared from any photo from a delivery.

Balloon House will replace balloons that may be damaged during the delivery process upon delivery availability during business hours. If not, a refund will be processed on the specific defective balloon. Balloon House will refund the dollar amount of the defective floral item if damage has occurred during the delivery process. Force Majure, automobile accidents or hazardous conditions that result in the delay or in-completion of a delivery will receive a full refund of the order amount.

Balloons should not remain in bags. Always unbag balloons upon receipt. Balloon House recommends that all balloons be unbagged upon delivery for the best result and prolonged float time. Balloon House is not responsible for condensed float times resulting from balloons left in their bag or for balloons damaged when not unbagged from the Balloon House delivery team.

 

6. Pickup:

Balloon House offers Curbside Pickup only. It is at Balloon House sole discretion if an item is available for pickup or not. For items available for pick up, Balloon House recommends an empty trunk with back seats collapsed when picking up an order. Refer to Balloon House pickup chart. Balloon House is not responsible for any damage for orders picked up. If an order is not picked up on the date and time set, Balloon House is not responsible for any damages that may occur to the order past that time. If a pickup is attempted after Balloon House business hours, the purchaser will need to return the following Balloon House business day. After one full Balloon House business day of a missed pickup, Balloon House will discard the order. Balloon House will not remake the order.

 

7. Set Up:

Set ups require access to the space by an on-site contact. If necessary Balloon House may contact the purchaser to seek access to the space. If Balloon House cannot gain access to the space, Balloon House is not responsible or liable and no refunds will be issued for incomplete set ups. Additional fees will incur for a second set up. It is the sole responsibility of the purchaser to receive approval and permission from the hotel, venue, restaurant or space that a set up will be permitted. Balloon House is not responsible for gaining permission for a set up under any circumstances. If an order is placed and a set up is not permitted on the day of the event, Balloon House is not responsible or liable and will not issue a refund. If the client/purchaser is not on-site at the set up, Balloon House will use it’s best professional judgement of placement in the space and accepts no responsibility, liability and will issue no refunds for decisions made at the set up. If an agreed-upon set up is modified or changed after the order is placed,Balloon House will not take responsibility, liability or issue a refund based on any changes that are made. Balloon House takes no responsibility for any damages to walls or surfaces that are used for a set up. The final set-up will not be an exact recreation of the design rendering included in the proposal. When a proposal is approved, changes cannot be made. Additional fees may occur for changes made to a proposal and set up. Balloon House will have no responsibility for any damages to the products after they have been installed. Balloon House is not responsible for any damages arising to the installation site or its products during or after installation.

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8. Outdoor:

Outdoor orders are not guaranteed and non refundable. Weather conditions can affect the integrity of the set up and products. Cold weather, warm weather, wind, humidity, rain, sleet, snow, and direct exposure to sunlight can affect the products and/or the mechanics of the set up.

 

9. Privacy:

Personal information transmitted to Balloon House will be treated in accordance with our Privacy Policy.

 

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10.1.  Foil Balloons:

Balloon House does not recommend or endorse the re-use of products after initial use, especially balloons. If a client decides to re-use a balloon product and is unsuccessful, Balloon House is not responsible.

 

10.2. Ceiling Balloons:

Ceiling balloons are sensitive to their environment and are recommended for flat, dry-wall surface ceiling. Ceiling balloons are not suitable on popcorn ceilings, raw wood and brick surfaces. Balloon House are not responsible for balloons that may pop on ceilings. Balloon House recommends ceiling balloons to be delivered on the day of the event, and is not responsible for deflated balloons or popping for ceiling balloons used the following day. Balloon House does not recommend the use of candles in the room where ceiling balloons are used, as smoke circles may result. Balloon House is not responsible for any smoke circles or damage to ceilings that may occur. Ceiling balloons include a ribbon length of 7.5ft. Balloon House will not cut/adjust the ribbon length unless the client has opted for set-up, at an additional cost.

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10.3. Balloon Arches:

For balloon arches used outdoors, the shrinkage process will occur at a faster rate. Balloon House is not responsible for shrinkage for balloon arches used outdoors. Balloon arches using aeropoles or flexpoles require a mandatory strike following the event. If any damages are made to the materials during the event, Balloon House is not responsible. Clients will incur additional charges for replacing damaged items. Organic balloon arches do not have a fixed amount of balloons and the design interpretation is completely left in the hands of Balloon House.

 

13.8. Balloon Backdrops:

Balloon House recommends installation for all balloon backdrops. If a purchaser forgoes installation, Balloon House is not responsible for any damage the backdrop may cause to walls or surfaces.

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10.4. Balloon Bouquets:

Due to the nature of balloons, and their ability to shift during slight movements, Balloon House does not guarantee the balloon bouquet will look exactly like the picture shown online when ordering. Balloon Bouquets are recommended to use on the day of the event and are not guaranteed to float past the day of the delivery.

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10.5. Rentals/Equipment:

It is the responsibility of the client to maintain the condition of all rentals and equipment ordered and provided from Balloon House. Failure to do so will result in additional charges at the cost of that item.

 

10.6. Party Supplies:

Balloon House is not responsible for product defects for any party supply from a third-party supplier.

If there is a product defect for a Balloon House manufactured item, a replacement can be made or refund will be processed. Balloon House will accept returns on party supplies in its original packaging, conditions and accompanied with the original order number. Open packages will not be accepted for a return and refund.

 

10.7. Gift Notes:

If a purchaser chooses to add a gift note to an order, Balloon House will follow the instructions and spelling exactly how it is transcribed by the purchaser. If there is an error with the personalized message, Balloon House is not responsible. If an adjustment needs to be made to the message, Balloon House will accommodate the request based on availability. Balloon House will not issue a refund on order with an incorrect personalized message.

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11.  Safety:

11.1. Balloons:

Helium from a balloon should not be inhaled. While helium is not toxic nor flammable, breathing it in can result in asphyxiation (loss of consciousness due to insufficient oxygen). Balloon House does not recommend or suggest releasing latex or mylar (foil) balloons into the air. Mylar balloons entangled in electric lines can result in power failures.Children under 8 years old can choke or suffocate on un-inflated or broken balloons. Adult supervision is required. Discard broken balloons immediately. Balloon House balloons/balloon arrangements may include natural latex rubber, which may cause allergic reactions.

 

11.2. Floral:

All florals are not fit for consumption. Please keep them out of reach of children and animals.

 

11.3. Party Accessories:

Party Accessories may contain small parts and are not intended to be used as toys. Small parts may cause children to choke or suffocate. For all third-party non-Balloon House manufactured items, manufacturers may alter their product packaging and materials may contain more and/or different information than that shown on our website. Balloon House recommends reading all labels, warnings, and directions before using products.

 

11.4 Ordering Lead Time:

Balloons and florals look their best when they are at their freshest point. Schedule pickup or delivery time on the same day as your event when possible. Balloon orders can be placed for same day or next day delivery or pick up date, based off of availability. Floral & greenery orders must be placed 5 business days before delivery or pickup date, in order to ensure availability. (Excludes Floral gift boxes, which are available for same day and next day orders)

 

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12. Indemnification

You agree to defend, indemnify and hold harmless Balloon Houseand its officers, directors, employees, agents, shareholders, affiliates, and retail partners of any liability, fines, penalties, losses or other damages whatsoever including attorney and expert fees and shall defend Balloon House against any and all claims arising from 1) your violation of applicable US or foreign laws, 2) breaching this agreement, 3) fraud you commit, 4) your misconduct or gross negligence.

 

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13. Right to Preserve and Disclose:

Balloon House does not hold or preserve credit card or payment information. Balloon House may preserve other information you provide. Balloon House may also disclose information you provide if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) complete your transaction; (b) comply with legal process; (c) enforce these Terms and Conditions; (d) respond to claims that any materials on this Site violate your rights or the rights of third parties; (e) protect the rights, property, or personal safety of Balloon House, its users and/or the public; or (f) in the event that all or substantially all of Balloon Houseassets are acquired by a third party.

 

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14. Ownership of Usage Data:

Balloon House may collect and aggregate data about your usage of the Site, and Balloon House shall be the sole owner of such information.  

 

15. Links:

Although Balloon House controls a few hyperlinks in the Site, some links within this Site may lead to third-party sites. Balloon House includes these third-party links solely as a convenience to you. The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that Balloon House is in any way affiliated with the linked site. The Site does not incorporate any materials appearing in such linked sites by reference. Balloon House reserves the right to terminate a link to a third party web site at any time. The third party sites are not controlled by Balloon House, and may have different terms of use and privacy policies, which Balloon House encourages you to review.

 

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16. Must Be of Legal Age to Use This Site:

At this Site Balloon House makes no active effort to collect personal information from individuals under the legal age under the laws of the United States or any other applicable state or jurisdiction. Balloon House requires that Site users must be of legal age to use the Site.

 

17. Not Authorized to Do Business In Every Jurisdiction:

Balloon House is not authorized to do business in every jurisdiction. Information published on this Site may contain references or cross-references to goods or services that are not available in your state or country.

 

18. Accuracy, Completeness, and Timeliness of Information:

We are not responsible for typographical errors, omissions or information that is not accurate, complete or current on this site relating to product information, product description, pricing, promotions, discounts, availability or any other content (including, but not limited to, copy, text, logos, images, icons, suggestions, ideas). Ba reserves the right to correct, modify or remove any errors, inaccuracies or omissions and to change or update information and pricing at any time without prior notice (including after submission of order).We may provide recipes, party planning tips, ideas, suggestions and other content on our blog or website. We are not responsible for inaccuracies, errors, or omissions of such content. You agree to follow recipes, ideas, tips, and suggestions at your own risk.

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19. Contact Information

For further information, or inquiries about these Terms and Agreement, please contact:

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305-429-3200

hello@balloonhouse.co