TERMS & CONDITIONS
This page (together with the documents referred to in it) contains the complete terms and conditions that apply to you visiting, joining, buying, and all other activities you will make on my balloonsandmoreme.com (hereby referred to as 'we', 'us', 'our', 'website' or 'the Site'), and governs the relationship between us and you (hereby referred to as 'you', the 'user' or 'the member').
By using the site, even if you are browsing and have not registered, you acknowledge that you consent and agree to abide by these Terms and Conditions, so please read them very carefully. As with all our other policies, these terms and conditions and any other matter connected to ordering on balloonsandmoreme.com are governed by Dubai and U.A.E. law.
Amendments to this agreement can be made by us from time to time without specific notice. The agreement posted on the Site reflects the latest agreement in effect.
1. INFORMATION ABOUT US
www.balloonsandmoreme.com is a website owned and operated by Balloons & More, a company registered in Dubai, the United Arab Emirates. The main address for this website is situated at 1st Floor, Jumairah Plaza, Jumairah Beach Road, Dubai, United Arab Emirates.
2. USING BALLOONSANDMOREME.COM
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed on this Site are that of the vendor and are not made by us.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
3. REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
4. INTELLECTUAL PROPERTY
All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Balloons & More, or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Balloons & More or its affiliates. All software used on this Site (the "Software") is the property of Balloons & More, its affiliates or its Software suppliers. The use of any of our trademarks or service marks, or those of our affiliates without express written consent is strictly prohibited.
6. DISCLAIMER AND LIMITATION OF LIABILITY
Except as otherwise stated in this Agreement, this site, the products offered for sale on it and the transactions conducted through it are provided by us on an "as is" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy and system integration. This site may include inaccuracies, mistakes or typographical errors. We do not warrant that the content will be uninterrupted or error free.
To the maximum extent permitted by law, we will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability.
7. TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
9. COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com
10. PAYMENT & CREDIT CARD INFORMATION
Balloonsandmoreme.com uses the Cybersource payment gateway (a wholly-owned subsidiary of Visa Inc.) to provide the highest level of security for payments processed through our store, ensuring your security by encrypting the connection with the latest the latest 128-bit Secure Socket Layer (SSL) technology to secure transactions when transmitting sensitive banking information on the network, and by safeguarding your financial data throughout the ordering and payment process.
Please note that if the security department suspects fraud, we have the right to cancel the transaction for security reasons. In most cases, you will be notified of authorisation or fraud issues, if they occur, before you complete the check-out process.
Orders from the balloonsandmoreme.com online store may be paid using credit card, debit card, or cash on delivery. Your payment data is transmitted securely and is never seen, recorded, or stored by balloonsandmoreme.com in any way. On top of that, we work continuously to protect your privacy, ensure strong security, and make balloonsandmoreme.com even more useful and efficient for our users.
We can only deliver to the countries shown in our shipping policy page. Contact balloonsandmoreme.com for alternative means of purchase for delivery to other countries. An estimated delivery date for the product will be advised to you when you receive your order confirmation.
We will require a signature at the time of delivery of your order. If the purchaser is not present a person over the age of 18 years of age with authority of the purchaser must be available to accept delivery. If we are unable to make the delivery of your order on the agreed date because there is nobody at the destination specified, it will then be your responsibility to contact us to arrange a new delivery date.
When it has not been possible to deliver your order due to no fault of on our part we reserve the right to make a charge for any further attempt to deliver the order. We will agree the amount of the charge and any payment with you prior to attempting any further delivery of your order.
12. EVENTS OUTSIDE OF OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control ("Force Majeure Event").
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:
- - Strikes, lock-outs or other industrial action
- - Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether war declared or not) or threat or preparation for war.
- - Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
- - Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport
- - Impossibility of the use of public or private telecommunication networks
- - The acts, decrees, legislation, regulations or restrictions of any government.
We will use our reasonable endeavours to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
13. TERMS OF SALE
By confirming that you wish to purchase any item on balloonsandmoreme.com, you are indicating that you consent and agree with our full user Terms & Conditions, including the following Terms of Sale:
a. We cannot guarantee that every item displayed on balloonsandmoreme.com is in fact available at the stated price. We will make every effort to contact our customers if they have agreed to purchase a product and it is not available at the stated price. We will NOT charge you if you do not acknowledge that you agree to continue with the purchase at the revised price if it exceeds the price displayed when you agreed to the sale.
b. We cannot guarantee that every item displayed on balloonsandmoreme.com is in stock and available for delivery. We will contact customers who have ordered products that are out of stock and customers will NOT be charged for these items.
c. We make every effort to provide clear and accurate product details. Where the product is available in various colors or patterns, we cannot guarantee that your preferred color will be delivered unless the product color is stated in the product title. We are not liable for the accuracy or completeness of our product descriptions or the photographs of products and/or our featured product reviews.
d. If you realize that the product does not match the stated description, photograph or reviews once receiving it, your sole remedy is to return it within 7 working days of receiving it, in an unused condition.
e. Customers agree to the terms of sale, subject to the stated price for all selected items, and complete their order for their selected items by pressing the 'confirm' button at the end of the checkout process.
f. We will send all customers an acknowledgement email detailing the products that they have ordered. This is not an acceptance of the sale on the behalf of balloonsandmoreme.com.
g. We will send all customers a confirmation email once their products have been shipped. This confirms that we have accepted to sell the selected items to you at the price specified at checkout unless we have subsequently notified you otherwise.
h. We will notify you if we do not accept sale before we dispatch your items. Customers must notify us if they wish to cancel their order before items are dispatched. We reserve the right to refuse a sale at our sole discretion, however, non acceptance of the sale on behalf of balloonsandmoreme.com will usually take place for one or more of the following reasons:
- - If the product(s) you ordered are out of stock. We will inform you of this by email. You will not be charged for any products that are out of stock. We will inform you once they come back into stock but you must place a new order if you wish to order the item(s) again.
- - We were unable to authorize your payment. We will inform you of this by email. Your order will be cancelled and you must place your order again if you wish to purchase the item(s) by another method.
- - We identify that the product you ordered was priced incorrectly or the description contained incorrect details. We will email you to inform this with the revised details and ask you whether you wish to proceed with the order.
- - You have breached the user Terms & Conditions. We will inform you of this and your order will be cancelled and you will not be charged for it.
j. We are not liable for any delays to our stated delivery times and we cannot guarantee how long it will take to process your payment.
k. Please check the list of countries that we deliver to in our Delivery Policy before placing an order. We may change the terms of our delivery policy at any time so please re-read every time you place an order. If you need further assistance, contact us at firstname.lastname@example.org
l. We accept no liability for items once they have been dispatched and are in the possession of our shipment partners. Once orders have been dispatched we consider the sale to have been completed and the risk of loss is passed onto you.
m. These conditions of sale are liable to change at any time and are effective at the time of your specific sale.
14. LAW AND JURISDICTION
Contracts for the purchase of Product(s) through the site will be governed by Dubai and U.A.E law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of Dubai and the U.A.E.