Conditions of Use
These terms and conditions together with the documents referred to in them set out the basis on which we will supply you with any goods ("Goods") listed on our website www.balloonmarket.co.uk.
Please read these terms carefully before ordering any Goods from our website. By ordering any of the Goods, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
Please tick the box in step 2 of the checkout process if you accept them.† 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 Market ("we/us/our").
1.2 Our main trading address is Unit 2A, Nutsey Lane, Totton, Southampton, SO40 3NB.
1.3 Our VAT registration number is 855 8213 08.
2. YOUR STATUS
2.1 You are a business customer ("Business Customer") if you purchase Goods from us for the purposes of your business, trade or profession, rather than for private use. If you purchase Goods from us for private use, you are a consumer ("Consumer"). You acknowledge that:
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 binding contracts;
2.2.2 You are at least 18 years old; and
2.2.3 You are resident in the United Kingdom. †
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 to us 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 otherwise agreed by us in writing in any particular 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.
5.1 You may cancel a Contract at any time within 7 working days, beginning on the day after you receive the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy which is available here [hyperlink to refunds policy]. 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 protected].co.uk †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 a large number of 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 or debit card or via Paypal. We accept payment with Mastercard, Visa, Maestro and Paypal. American Express can be accepted if using Paypal.
8.1 The Goods will be delivered to the delivery address provided by you.
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 rata 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.
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 1979 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 effected 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
10.1 When you return Goods to us in a re-saleable condition:
10.1.1 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 returned in full, including the cost of sending the Goods to you. However, you will be responsible for the cost of returning the Goods to us;
10.1.2 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.
10.2 We will normally refund any money received from you by bank transfer. You will need to provide your bank account number and sort code. If you paid via credit or debit card, we will refund the same card originally used to pay for your purchase.
10.3 Please refer to our Returns Guide for further details of our Refunds Policy.
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 are of satisfactory quality and reasonably fit for all of the purposes for which Goods of that kind are commonly supplied; but
11.1.2 We shall only be liable to you for:
184.108.40.206 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
220.127.116.11 Losses that are caused as a result of our negligence. 11.1.3 We shall not be liable to you for any loss pursuant to Condition 11.1.2 if:
18.104.22.168 Any such loss is not foreseeable. Losses are foreseeable if they could have been contemplated by both of us at the time that your order was accepted by us; or
22.214.171.124 Any such loss (or any part thereof) was caused by or contributed to by your breach of any of these terms and conditions.
11.1.4 For the avoidance of doubt, we shall not be liable for any indirect losses which happen as a side effect of the main loss or damage, and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) howsoever arising and whether caused by breach of contract, negligence, or otherwise.
11.2 If you are contracting as a Business Customer:
11.2.1 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law.
11.2.2 Without limiting the generality of Condition 11.2.1, we shall not be liable to you if any monies due from you to us have not been paid in full.
11.2.3 Without prejudice to any of the provisions of this Condition 11.2, we shall have no liability to you for any:
126.96.36.199. Consequential losses;
188.8.131.52. Loss of profits and/or damage to goodwill;
184.108.40.206. Economic and/or other similar losses;
220.127.116.11. Special damages and indirect losses;
18.104.22.168. Business interruption, loss of business, contracts and/or opportunity; and/or
22.214.171.124. Inconvenience, delay or loss of production.
11.2.4 Without limitation to any of the foregoing, our aggregate liability to you (whether for breach of Contract or for negligence or otherwise howsoever), for any loss or damage of whatsoever nature and howsoever caused, shall be limited to and in no circumstances shall exceed the price of the Goods purchased from us.
11.2.5 Without limitation or prejudice to any of the foregoing, you shall fully indemnify and hold us harmless against any and all losses, damages and costs whatsoever arising from any breach of any of your obligations under any of these terms and conditions and/or the Contract, whether attributable to you, to your servants or agents, or to any subcontractors appointed by you.†
11.3 Nothing in these terms and conditions shall exclude or limit in any way our liability:
11.3.1 For death or personal injury caused by our negligence;
11.3.2 Under section†2(3) of the Consumer Protection Act 1987;
11.3.3 For fraud or fraudulent misrepresentation; or
11.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing.† When using our website, you accept that communication with us will be mainly electronic.† We will contact you by e-mail or provide you with information by posting notices on our website.† For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.† This condition does not affect your statutory rights.
All notices given by you to us must be emailed to [email protected]. †We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above.† Notice will be deemed received and properly served immediately, 24†hours after an e-mail is sent, or three†days after the date of posting of any letter.† In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 Any Contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 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:
(a)††††††††† Strikes, lock-outs or other industrial action.
(b)††††††††† Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c)†††††††††† Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d)††††††††† Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e)††††††††† Impossibility of the use of public or private telecommunications networks.
(f)††††††††††† The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.† We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19. RELIANCE ON INFORMATION APPEARING ON OUR WEBSITE
Commentary and other information, materials and/or images appearing on our website are not intended to be relied upon nor to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such information by any visitor to our website, or by anyone who may be informed of any of its contents.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation.
21. LAW AND JURISDICTION
Contracts for the purchase of Goods through our website will be governed by English law.† Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.