Terms and Conditions
These terms and conditions govern your use of our website and services/ Please read these terms in full before you use this website or our services. If you do not accept these terms and conditions, please do not use this website or our services. Your continued use of this website confirms your acceptance of the Terms and Conditions set out below. This agreement is between you and PoppaDo Balloons. By paying in full or paying 50% non-refundable booking fee you also agree to be bound by these Terms and Conditions.
1. Prices and Payment Terms
- We ask for 50% non-refundable booking fee for events and longer term orders at point of booking confirmation to secure your date and for us to start planning and securing materials for your décor/event. Full payment is required when purchasing any of our bespoke products/designs on our website/online channels.
- The booking fee is payable within 24 hours of the payment request or invoice and will be deducted from the final balance.
- The final balance is payable no later than 7 days before the date of collection or the event installation. Failure to pay the remaining balance on time will risk will you forfeiting your booking. Unless your invoice states otherwise in the payment terms, in which case the terms in your invoice will overrule this.
- Payment must be made by one of the methods accepted by us and notified to you.
- All products and designs are subject to availability at the time of their creation.
- Materials will not be purchased until non-refundable booking fee is received.
- All prices quoted to you are valid for 7 days. We reserve the right to alter our prices after this time. Prices are inclusive of value added tax, if applicable.
- We reserve the right to charge an administration fee for any late payment notices we send in the event of your late payment or damages invoices.
- We also reserve the right to cancel any discount that we may have offered to you, alter your payment terms and/or suspend or cancel future bookings in the case of late payment. If we are not paid, we may instruct a debt collection agency or law firm to collect our payment (including any interest and/or late payment charges) on our behalf. In such circumstances you will be liable to pay an additional sum to us which will not exceed the reasonable costs that we may have to pay the debt collection agency or law firm, who will add the sum to your outstanding debt on our behalf.
- We reserve the right to alter our pricing on our literature and website at any time without prior warning.
- Please note we do not quantify floral on balloons for costing, we place based on how it looks for the total price range agreed.
- All enquiries made with us are not confirmed until payment of your booking fee has been received following receipt of invoice and/or payment request or website purchase.
- Whilst we always work to ensure your products are exactly as advertised, there may be cases where amendments are made to the bunch, or the balloons, that you will receive. Changes to the style of the bunch will only be made if PoppaDo are happy with the overall look and feel of the bunch and that it matches as close as possible to the one ordered. If there are any changes that need to be made to your order which completely change the aesthetic of the bunch ordered, we will contact you with alternatives.
- You agree to take particular care when providing us with your details and warrant that these details in the invoice and/or payment request are accurate and reflect your requirements at the time of paying your 50% non-refundable booking fee. You must notify us immediately if you spot any errors.
- The numbers for which the event has booked will be set out where applicable in the invoice. Any variation in these numbers much be notified to us a minimum of 7 days before the event date.
- We do not hold dates. Your dates can only be secured with a non-refundable booking fee or full payment following the issue of our invoice or payment request and in accordance with its terms.
- Any changes to bookings must be made in writing and we will use our reasonable endeavours to accommodate those changes however we cannot guarantee that we will be able to accept the alteration. Where changes resulting an increase in overall costs a will send a new revised invoice. Unfortunately, we cannot decrease your order value once your non-refundable booking fee has been paid.
- All our set ups can be kept for 24-48hours unless otherwise agreed with us and confirmed. Should you wish to keep for longer than 72 hours additional rental charges will apply and will be discussed.
3. Cancellations and refunds
- In the unlikely event that we must cancel a booking due to reasons beyond our control, we will do so by email providing you with as much notice as possible, returning any booking fees or balances paid and where possible recommend another reputable company.
- To exercise your right to cancel, you must notify us immediately by email at email@example.com. You must provide us with a clear statement of your decision to cancel the order along.
- Please note you have no right to cancel an order for balloons or hire equipment once these have been collected or delivered.
- If you cancel this contract, we will reimburse up to 50% of the total cost of booking excluding the costs of delivery and equipment purchased specifically for your event if the booking is more than 7 days from the date.
- If you cancel within 7 days of your booking including the day of the event and order, you will not be entitled to any refund, however you can reschedule for a future date as long as set up has not begun in site or the creation made and subject to the date being available and the same materials can be used. Should different or new materials need to be purchased for a future date this may incur additional charges.
- We will offer a maximum of 2 date changes. After two changes you will not be entitled to any refund.
- We will make the reimbursement without delay and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
- We will make this reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise.
- The Goods or Equipment will be collected by you or delivered by us to you on the agreed date, time and location.
- If a collection is requested and the balloons are not picked up on the desired date, we are unable to provide a refund. If the balloons have begun to deflate, you will be charged for the reinflation. This is due to the balloons being perishable and personalised and therefore unusable for another customer.
- You must ensure that at the time of agreed delivery of the Goods or Equipment adequate arrangements, including labour and access where necessary, are in place. We cannot be held liable for any damage, cost or expense incurred to the Goods, Equipment or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery. An extra charge may be made by us where we spend additional time due to delays with access to the venue.
- We will require parking on site or close by with easy access to unload and load our vehicle. Please specify at the point of booking what access we have to the venue/your property. Should any parking charges or tolls need to be paid these will be included on the invoice.
- Delivery and collection of items will be charged at £0.65p round trip per journey. Delivery may also include rental of specialist vehicle to transport equipment, fuel and labour.
- You will be provided with a date & time slot for collection, delivery and/or installation. The Hirer must ensure their availability at the agreed time.
- You are responsible for ensuring the build site is accessible and clear of any mess or debris. PoppaDo Balloons reserves the right to refuse hire if the build site has become unsuitable or unsafe. You will not be entitled to a refund in this case.
- If access is not given for us to set up or remove our items in the given time we have agreed, there will be charges and for us having to rearrange plus any loss of business.
- If we are unable to deliver due to adverse weather, vehicle failure, illness or any other unfortunate situation, the Hirer will be informed at the earliest possible opportunity.
- Other than removing our items from the location we are not responsible for cleaning up after the event.
5. Equipment and Condition
The hire period for the Equipment is for the period specified on the invoice. The hire of the Equipment is not covered by the Consumer Credit Act, 1974 as the hire period is less than 3 months.
- You may be required to pay a security deposit which will be refunded to you within 7 days if no fire, theft, loss or damage has occurred to the property of PoppaDo on inspection after collection.
- No extension to the hire period is permitted without our express written consent and receipt by us of the appropriate charge.
- Unless previously agreed, all items and structured are the property of PoppaDo Balloons. All silk and dry florals used in set ups are for hire only and are only to be used set up and removed by PoppaDo Balloons.
- Full ownership in the Equipment shall remain fully vested in us at all times. You have no right, title or interest in the Equipment other than that you are entitled to hire the Equipment for the hire period.
- You are responsible for the Equipment from the time we deliver the Equipment until the time you return the Equipment to us. Full risk in the Equipment shall lie with you during this time.
- You are not permitted to hire, sub-let, sell, lend, or part with possession of the Equipment at any time.
- Please ensure that the venue has in place adequate insurance to cover the Equipment against fire, theft, loss or damage at all times during the hire period.
- You hereby indemnify us against any losses, costs, damages or expenses that we may reasonably incur as a result of your breach of any of these Terms and Conditions.
- If the Equipment is returned to us in bad repair, damaged, unclean or defective in any way then we are entitled to retain any security deposit which may have been paid by you to repair and/or replace the Equipment. You are liable for any additional costs that we may incur in repairing, cleaning or replacing the Equipment.
- In the event that any item of Equipment is lost, stolen or damaged beyond economical repair you are liable to pay us the cost of the replacement items as new. You will not be entitled to a refund of the security deposit in these circumstances.
- All covers and draping fabrics are laundered prior to fitting and any minor accidental staining is acceptable such as food, drink and shoe marks from guests on the bottom of the fabric. However, any damage which we reasonably consider to be caused outside of the above such as staining foodstuffs, standing on covers, tears, rips, ink stains (drawing), burns, candle wax etc. may result in additional charges for laundering, repair or replacement.
- In the event of loss or damage, the security deposit will be retained by us and we will notify you in writing of the reasons. If the cost of replacement due to missing Equipment or damage is in excess of the security deposit, an invoice will be issued to you to cover the cost of the damaged/missing property which must be paid in accordance with the terms stated on the invoice.
- Any damage including stains, burns, chips & rips will be assessed & a bill calculated for the total cost of any repairs/replacements.
- PoppaDo Balloons does not allow the Hirer to obtain their own repair/replacement services.
- Please ensure all our décor items are treated with respect and kept damage and stain free.
6. Displays and Decoration
- Once your balloons have been collected or we have left the venue we are no longer responsible for anything that happens after this.
- Our organic designs are just that, organic, they can take any shape of from that look best to us based on our expertise.
- We agree a look or style based on photos and details you have provided. When we arrive at the location, we will double check if there is a better place to place the décor that will make more logistical and creative sense.
- Most balloon inflation takes place at the venue. Please ensure that there is sufficient time allocated for this at the venue and for subsequent decoration to take place. We usually suggest at least 2 hours depending on the style.
- All balloon decorations and weights become your property and responsibility upon completion of the set-up with the exception of decorations that use a balloon frame or hired equipment of any type.
- Outdoor balloons will only last at best 1-2 days and will automatically be quoted double stuff charge to give your balloons the best chance lasting outdoors.
- Balloons are, by nature, temporary perishable items. Although PoppaDo Balloons uses only the finest quality balloons, some balloons will occasionally deflate sooner than expected and will also be adversely affected by the wind, rain, rough handling, sunlight, and other uncontrollable factors. We cannot be responsible for changes in weather and the affect this has on the balloons as the react with the outdoor elements.
- You need to be aware that:
- Balloons will swell and expand in the heat.
- Darker balloon colours will absorb heat and pop faster.
- Balloons will oxidise (go misty and cloudy) and lose their clarity.
- You need to be aware that:
- We will not be held responsible for balloon damage due to atmospheric conditions.
- Whilst we always do our best to ensure the balloons are attached securely, we are not responsible due to weather conditions or deliberate attempt to adjust or tamper with balloons should they become unattached.
- The British weather is unpredictable so please do ensure if you have booked an outdoor installation with us you have a plan B. We do not provide weather cover this will need to be hired separately by yourselves. We can however discuss changes to the location of the décor within your space if the weather is not looking favourable before set up.
If you have booked an outdoor installation you need to ensure the ground is not wet for any low level picnic or cushions and rugs. If the ground is too damp we will set up a picnic table somewhere else that is dry. If we deem any outdoor area hazardous or could cause damage to our items will discuss and move the set up to an alternative location.
- Whilst the choice of colours and types of balloons for balloon displays is your responsibility, we reserve the right to make substitutions such as in the case of a faulty batch of balloons supplied from the manufacturer.
- Care must be exercised to ensure that all decoration items are safely and securely disposed. On no account should helium balloons be inhaled or released into the atmosphere.
- Please note that the Goods supplied are not toys and are not suitable for children to use unsupervised. Ribbons tiled to balloons may cause choking if used incorrectly. It is your responsibility to ensure that all children are appropriately supervised when handling these items. We will not be liable for any allergic reactions to latex if we are unaware.
- Money Balloons: We can attach a maximum of 10 notes to the balloon, any more adds too much weight and affects the lift of the balloon. Although our money balloons are weighted and securely anchored to the box we recommend that they are opened indoors only. After successful collection or delivery, we assume no liability for lost or escaped balloons with money in them.
- Promotional codes are only redeemable on the PoppaDo Balloons website and cannot be used in conjunction with any other promotional activity.
- Promotional codes generated by PoppaDo Balloons are only redeemable on the PoppaDo Balloons website and are not valid on any of our partner sites.
- PoppaDo Balloons reserves the right to cancel Promotional Codes at any time.
- Promotional Codes for the PoppaDo Balloons website are not redeemable against existing orders placed before the promotional code has been generated.
- Promotional Codes, unless otherwise stated, are not valid for phone or email orders.
- Any customisable features on poppadoballoons.com and associated websites are designed to be a representation. PoppaDo Balloons reserve the right for the creative license over its products and will provide personalisation in the most effective way for the availability, size, shape and layout of the chosen product.
- Please note that unless otherwise specified on the balloon example, the only message that will arrive on your balloon is that in which you have typed and provided to us.
- No refunds, discounts or compensation will be available for the personalisation style differing from that shown within the customise box or customer errors.
7. Photography & Videography
All photos and videos taken by PoppaDo remain the intellectual property of PoppaDo Balloons and maybe showcased on our social media accounts, website and on printed materials for marketing purposes. Upon booking and paying the non-refundable booking fee you are agreeing to the exclusive use of this material by PoppaDo Balloons. Unless clients explicitly ask us not to use images taken prior to payment they will be used in our marketing.
We prefer all communication via email for speed and ease of sharing information, however we also communication by Facebook Messenger and Instagram Direct Message. All these forms of communication are part of your order enquiry. The final invoice detailing your order will supersede any prior communication about your order. Please ensure you check your invoice ensuring all details are correct as PoppaDo Balloons will not be held liable for any errors.
We take pride in our client interaction however we will not tolerate rudeness or abuse to any member of our team or partners. Should you display any inappropriate and unwelcome behaviour we reserve the right to pause or end your order/set up without any liability. No refunds will be given.
9. Third parties
We work with some super talented businesses who we work with to design, communicate and place orders with to match your theme and requirements. We are not responsible for any allergens or reactions. You must communicate any special requirements in writing, and we will pas these on to our partners.
- Full title in all Goods supplied by us shall remain fully vested in us until we receive payment in full for all monies owed to us. We shall be entitled to re-take possession of the Goods in the event of non-payment and you hereby grant us a non-revocable licence to enter your premises for the purposes of recovering the Goods.
- Until such time as the property in the Goods passes to you, you shall hold all Goods supplied to you as our fiduciary agent and bailee, and shall keep all of the Goods properly stored, protected and insured (against the risks for which a prudent owner would insure them and hold the policy on trust for us) and clearly identified as our property. You hereby grant us permission to enter any premises where the Goods may be stored at any time to inspect them.
- Until such time as the property in the Goods passes to you, we shall be entitled at any time to require you to return the Goods to us at your cost, and if you fail to do so forthwith, to enter upon any of your premises or any third party premises where the Goods are stored and repossess the Goods using reasonable force if necessary.
- You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain our property, but if you do so all moneys owing by you to us shall (without prejudice to any other right or remedy we may have) forthwith become due and payable.
- Until such time as you have paid us all monies owing to us, if you become bankrupt or insolvent, enter into any arrangement with your creditors, or being a company, go into liquidation or are wound-up, or being a partnership, are dissolved or if, in our reasonable opinion, one of the aforementioned events is likely to occur and we notify you of such belief in writing you will no longer be entitled to use and sell any of our Goods and these must be returned to us immediately at your cost or we shall be entitled to re-take possession in accordance with the above clause.
11. LIMITATION OF LIABILITY
IF WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE TO YOU SUCH LIABILITY IS LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE RELEVANT SERVICES. WE EXCLUDE LIABILITY FOR LOSSES THAT WERE NOT FORESEEABLE TO BOTH PARTIES WHEN THE CONTRACT WAS FORMED AND LOSSES THAT WERE NOT CAUSED BY ANY BREACH ON OUR PART. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY OR DEATH ARISING AS A DIRECT RESULT OF OUR NEGLIGENCE.
WE DO NOT ACCEPT ANY LIABILITY FOR ANY DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, VIRUSES OR OTHER CONTAMINATION OR DESTRUCTIVE PROPERTIES TRANSMITTED TO YOU OR YOUR COMPUTER SYSTEM VIA OUR WEBSITE EXCEPT WHERE THIS HAS BEEN CAUSED BY OUR NEGLIGENCE.
WE SHALL NOT BE HELD LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING SERVICES WHERE SUCH FAILURE ARISES AS A RESULT OF ANY ACT OR OMISSION WHICH IS OUTSIDE OUR REASONABLE CONTROL SUCH AS AN ACT OF GOD OR THOSE OF THIRD PARTIES.
WE CANNOT ACCEPT ANY LIABILITY FOR ANY LOSS, DAMAGE OR EXPENSE, INCLUDING ANY DIRECT OR INDIRECT LOSS SUCH AS LOSS OF PROFITS, TO YOU HOWSOEVER ARISING. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY OR DEATH ARISING AS A DIRECT RESULT OF OUR NEGLIGENCE.
WE DO NOT ACCEPT LIABILITY FOR ANY INDIRECT LOSS, CONSEQUENTIAL LOSS, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF DAMAGE TO PROPERTY AND/OR LOSS FROM CLAIMS OF THIRD PARTIES ARISING FROM THE GOODS, EQUIPMENT OR SERVICES PURCHASED FROM US.
WE SHALL NOT BE HELD LIABLE FOR ANY FAILURE OR DELAY IN DELIVERING GOODS, EQUIPMENT OR SERVICES WHERE SUCH FAILURE ARISES AS A RESULT OF ANY ACT OR OMISSION WHICH IS OUTSIDE OUR REASONABLE CONTROL SUCH AS AN ACT OF GOD OR THOSE OF THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY MISREPRESENTATIONS OTHER THAN FRAUDULENT MISREPRESENTATIONS.
We may subcontract any part or parts of the Goods or Services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
We may alter or vary the Terms and Conditions at any time without notice to you.
The Terms and Conditions together with the Booking Form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.
12. Entire Agreement