TERMS OF SERVICE FOR CUSTOMERS 

Hello and welcome to Balloon Town! We're so happy to have you as a customer. These are our Terms of Service (“Terms”) which apply to all customers of Balloon Town [ABN 67662399091] (“we, us, our”). By using our Website and Services, you're agreeing to these Terms together with any other terms and conditions and policies we publish or link to (together an “Agreement”). “You” could be any customer of ours. If you do not agree, unfortunately you cannot purchase any of our Products online. 


BEFORE PURCHASE

Things you need to do before purchasing Products on our Website

Before you buy anything from our Website, there are a few things you should know:

  • you need to be18 years or older to purchase alcohol from our Website;
  • inhaling helium may have negative effects on your body; ;
  • please give us complete and accurate information, including account information, and let us know if anything changes;
  • you need to use any special offers or gift codes or coupons at the time of purchase - they can't be applied after the fact; and
  • once you place an order, we may not be able to cancel it, as it will already have been processed and paid for by us.

How it works

Our Products are balloons and balloon bouquets. You can bundle up your balloon purchase with other items such as teddy bears, chocolate, Prosecco, red wine or Champagne. The Products will be delivered via dedicated drivers. You can also request a personalised balloon, and a personal message can also be added with your order. Where your purchase includes alcohol, our delivery driver will request proof of identification at delivery. 


Acknowledgements you make when purchasing on our Website

Whilst we aim to do our best, please be aware that there could be:

  • occasional errors or omissions in Product descriptions, prices, shipping charges, delivery times, availability and promotions;
  • colour variations, so that the colours and images of Products we display may be different on your screen to the colours and images of the actual Products;
  • some Products with limited quantities, and some sales that are limited to certain regions or groups of people.

Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Products.

 

AFTER PURCHASE

Things you need to know after purchasing on our Website

After purchasing something from our Website, there are a few more things you should know: 

  • if you have late, stolen, or damaged deliveries, please contact customer.service@balloontown.com.au directly;
  • please follow the manufacturer’s or our instructions in relation to the Product;
  •  if you have any issues with the Product and require a refund, please contact us by email at customer.service@balloontown.com.au within 48 hours;
  • please ask our prior written consent before publishing any information about us; and
  • if there is a dispute, please keep all communications confidential.

Things we’d love you to do after purchasing on our website

We love hearing from our customers and seeing their experiences with our Products. If you have any photos, videos, testimonials, and/or case studies we'd be thrilled if you would share them with us. We might even use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.

However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at customer.service@balloontown.com.au


OTHER MATTERS YOU SHOULD BE AWARE OF


We may change information on our Website and store

Except as required by law, we may change shipping information, availability, Product information, prices, promotions and any other information on our Website.


We make deliveries at your option and your cost

The areas we deliver to are those that are published on our Website. These areas may change from time to time as we are able to service a larger area. We will process your delivery upon receipt of payment and send your Products via our dedicated drivers. Delivery times will depend on your location and any selected delivery options. 


We comply with the Australian Consumer Law

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. 

Except as required by law we do not warrant the quality of the Products or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Products is due to your misuse, failure to comply with the manufacturer's or our instructions, where you fail to take reasonable care, or where you fail to provide us with adequate information.


If we need to cancel your order we will provide a refund

On occasion we may cancel an order for a Product where we are unable to fulfil it. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. In some instances, where we cannot fulfil part of your order, we will call you and ask if you would like a substitution product or refund. We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where an order appears to be by resellers or distributors without permission.


We can refuse to serve you and sell Products at any time

We may stop providing our Website and Services at any time. We may also stop you using our Website and Services and stop you purchasing any of our Products if you breach this Agreement. 


LIABILITY AND INDEMNITY 

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and services or any Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, lost or stolen Products during delivery, any late delivery, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, or your use or misuse of any Product.

To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to: -

  • the replacement of the products or the supply of equivalent products; or
  • the payment of the cost of replacing the products or of acquiring equivalent products.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement.


FORCE MAJEURE

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.


IF THERE IS A DISPUTE 

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.


OTHER 

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.


DEFINITIONS 

Agreement means these Terms and all other terms and conditions and policies published or linked to on our website. 

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Force Majeure Event means any weather event, any pandemic, any "Act of God", strikes, government action or any other event beyond the reasonable control of the parties.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs. 

Products means any product available through our website, and includes any balloons and balloon bouquets. These can be coupled with other available items such as teddy bears, chocolates, Prosecco, red wine or Champagne.
We, us, or our means FF&M Pty Ltd t/as Balloon Town [ABN 67662399091] and includes any of our directors, officers, employees, agents, partners, and contractors.
Website and services means www.balloontown.com.au, and everything available on this website including, but not limited to, all Products and any services.