TERMS & CONDITIONS
Terms & Conditions
Last Updated October 4, 2021
The Eye Candy Balloons Online Shop Web Site ("the Site") is an online store where you can purchase party decor products and/or services, such as balloons, balloon decor designs, decor product accents, rental pieces, and setups to be provided by or through Eye Candy Balloons, and is available subject to your compliance with our Terms and Conditions set forth below.
Eye Candy Balloons reserves the right to refuse any order at any time including after an order has been placed online.
Please read the information provided here before continuing to use the Site and processing your order. By using this Site and placing your online order, you are agreeing to be bound by the Terms and Conditions we've stated. If you do not agree, please do not use the Site and place an order. Eye Candy Balloons reserves the right to modify, change, amend, update, or alter these Terms and Conditions at any time without prior notice.
1. Limitation of Liability
THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL EYE CANDY BALLOONS (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 EYE CANDY BALLOONS OR EYE CANDY BALLOONS' AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL EYE CANDY BALLOONS (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 EYE CANDY BALLOONS OR EYE CANDY BALLOONS' AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EYE CANDY BALLOONS, 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 EYE CANDY BALLOONS FOR THE PAST 12 MONTHS OF THE PRODUCTS AND SERVICES.
Eye Candy Balloons Online Shop accepts all major credits cards via online payments as forms of payments. We do not hold, store, or save your payment information.
Full order payments must be completed before Eye Candy Balloons reserves the order and date to our schedule/calendar. No balloon order will be created, inflated, ready for pickup or delivered (if requested) for the requested order date unless full payment is received.
Once your order is placed online and payment is received, the pickup/delivery time slot is reserved for you and supplies to complete your order are purchased.
Pickup/Delivery times may be amended subject to our availability.
Orders canceled more than 30 days prior to the pickup/delivery date are eligible for store credit equal to the monies paid, however, no refund will be given.
Orders canceled 30 days or less from the pickup/delivery date are not eligible for a store credit and no refund will be given.
4. Outdoor Policy
Outdoor balloon 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. We reserve the right to refuse to setup and/or install purchased decor outdoors because of unfit weather conditions, which may compromise the security and quality of the decor. If this happens, we'll offer the next best solution to keep the decor at your event.
5. Design Variations and Substitutions
Eye Candy Balloons reserves the right to make a substitution of another balloon color, balloon type, or balloon product such as weight, ribbon, tassels, or balloons of equal or higher value if the exact product from a design is unavailable for any reason. We make our best effort to source your purchased balloons, but sometimes for reasons out of our control, such as delayed shipping times, discontinued product, damaged balloons, etc, we are unable to get the exact balloon you want. (We are experiencing slower than normal delivery times from manufacturers and distributors as the production has slowed because of Covid-19 pandemic.). We'll let you know if a substitution will occur and the overall design will remain as close to what was purchased, including design, shape, and color palette.
While Eye Candy Balloons makes every effort to provide the exact color, shape, size, and design discussed during the proposal, creating balloon decor is an art form and may be subject to variations. Organic balloon designs do not have a fixed amount of balloons and the design interpretation is completely left in the hands of Eye Candy Balloons.
Eye Candy Balloons cannot accurately match a “verbal” color or a color sent via electronic device, as all monitors display color differently. Eye Candy Balloons uses the closest balloon color available to match your provided instructions/descriptions, but it is often not possible to make a 100% perfect color match. Balloons can also experience color changes from sun exposure, humidity, varying temperatures, etc.
To maintain stability and the integrity of your balloon decor, Eye Candy Balloons reserves the right to make design and structural changes to your decor on site or off, without prior notification.
6. Promotional Offers
Eye Candy Balloons occasionally creates Promotional Offers, which may be available for a limited time only. Promotional Offers include any coupon codes, discounts, and sales promotions created by Eye Candy Balloons, such as delivery discounts, product discounts, or other sales activity associated with a product or service purchase.
Only one Promotional Offer can be applied to an online shop purchase at a time and is limited to one Promotional Offer redemption per person. Promotional Offers are only valid at time of purchase and cannot be redeemed for cash or credit.
7. Local Delivery
Eye Candy Balloons does not guarantee delivery at an exact time to a specific location, but offers a delivery window of 3 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. Eye Candy Balloons recommends having the purchaser or recipient onsite to receive the order. Eye Candy Balloons does not recommend leaving orders unattended at delivery and 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.
Eye Candy Balloons 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.
Eye Candy Balloons will only deliver an order once, to one location at the time frame and location address set by the purchaser. If a delivery cannot be delivered for any reason, Eye Candy Balloons will return the order to the Eye Candy Balloons Shop, notify the purchaser, and offer the option for the purchaser to schedule shop pickup or pay for additional delivery if a second delivery attempt is requested. Undeliverable orders will not be refunded.
Eye Candy Balloons will photograph all delivery orders upon completion for quality control and Eye Candy Balloons portfolio and social media. For privacy, Eye Candy Balloons will not photograph the recipient without person's consent and no photo with a person(s) will be shared by Eye Candy Balloons online unless consent is given by those photographed. No contact information of the purchaser or client is shared from any photo from a delivery.
Eye Candy Balloons 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. 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.
Eye Candy Balloons may choose to deliver balloons in bags for protection. Eye Candy balloons recommends that all balloons be unbagged upon delivery for the best result and prolonged float time. Eye Candy Balloons is not responsible for condensed float times resulting from balloons left in their bag or for balloons damaged when unbagged from persons other than the Eye Candy Balloons delivery team.
8. Onsite Set Up
Onsite set ups require access to the space by an on-site contact and adequate time for assembly and setup to occur. If necessary, Eye Candy Balloons may contact the purchaser to seek access to the space. If Eye Candy Balloons cannot gain access to the space, Eye Candy Balloons is not responsible or liable and no refunds will be issued for incomplete set ups. Additional fees will incur for a second set up scheduled.
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. Eye Candy Balloons 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, Eye Candy Balloons is not responsible or liable and will not issue a refund.
If the client/purchaser is not on-site at the set up, Eye Candy Balloons 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, Eye Candy Balloons will not take responsibility, liability or issue a refund based on any changes that are made. Eye Candy Balloons 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 mock-up provided on the Site where purchased. When the balloon order is processed, additional fees may occur for changes made to the order and setup information. Eye Candy Balloons will have no responsibility for any damages to the products after they have been installed. Eye Candy Balloons is not responsible for any damages arising to the installation site or its products during or after installation.
9. Responsibilities and Safety
Eye Candy Balloons' responsibility for care, maintenance, quality and/or longevity of all balloons and balloon decor ends with the acceptance of possession by the client or their representative at the time of shop pickup or once onsite delivery is complete.
The purchaser or recipient is responsible for their own clean-up and removal of all balloon decor purchased.
We strongly advise purchasers/recipients not to release ANY helium-filled balloons, but especially helium-filled foil or mylar balloons outdoors because they may conduct electricity and are also considered environmentally harmful because they are non-biodegradable and therefore should be disposed of carefully with general household waste.
The purchaser/recipient is responsible for keeping un-inflated balloons from children. Children under eight years can choke or suffocate on un-inflated or broken latex balloons. Adult supervision required. Properly discard broken balloons at once in the trash.
Eye Candy Balloons reserves the right to take and use photographs of all balloon decor created by us, before, during and after set up, including scenic photos of the event location, to use for marketing, advertising, and promotional purposes without compensation to you.
11. Comments and Reviews
If you decide to provide us with comments or reviews (including, without limitation, feedback, notes, messages, tips, ideas, suggestions, corrective actions, or other communications) you give us the right to edit your comments and to republish them without compensation to you or any other person. By providing comments, you warrant that you have the right to provide the information and that all moral rights in the uploaded materials have been waived. Of course, since you intend for your comments to be public, you understand that you have no expectation of privacy in those comments.
12. Extreme Conditions
Performance of this agreement is contingent upon the ability of Eye Candy Balloons to complete this agreement when delay or default is caused by conditions beyond its control, including but not limited to, Acts of God, Government restrictions, war, terrorism, criminal act, insurrection, severe weather, traffic accident, road closures, landslides, floods, and/or any other causes beyond the reasonable control of the company.
In the unlikely event that the balloon artist is injured or becomes too ill to provide services for your event, Eye Candy Balloons will make every effort to secure a suitable replacement for balloon decor. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for balloon decor services. If the client refuses for Eye Candy Balloons to find a replacement, the contracting party may choose to receive a refund instead.
13. Ordering Lead Time
Balloons look their best when they are at their freshest point. Schedule pickup or delivery time on the same day as your event when possible. We recommend placing your balloon order 2-8 weeks in advance of your event whenever possible. This allows us adequate time to ensure your products arrive and our schedule can accommodate your order.
Same day delivery or pickup balloon orders are not possible at this time. You may place your orders a day or two in advance of your pickup or delivery date at earliest at this time, and is based off of availability.
14. General Rules & Practices
14.1 Hi-Float and Inflation
Hi-Float sealant is applied to any helium-filled latex balloon order. Hi-Float does not guarantee an extended float time on a balloon. All balloon orders include either helium or air-filled balloons, depending on the product Eye Candy Balloons does not supply helium or helium tanks for purchase or rent.
14.2 Glossy & Matte Finish
Latex balloons upon first inflation, will have a glossy surface, some even appear translucent. This finish can be temporary and the balloons may begin to appear to have a velvety, matte or opaque finish. These changes are a result of oxidation and is standard for all latex balloons.
14.3 Ceiling Balloons
Eye Candy Balloons is not responsible for balloons that may pop on ceilings. Ceiling balloons are sensitive to their environment and are recommended for flat, dry-wall surface ceiling and are not suitable on popcorn ceilings, raw wood and brick surfaces. Eye Candy Balloons 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.
Eye Candy Balloons does not recommend the use of candles in the room where ceiling balloons are used, as smoke circles may result. Eye Candy Balloons is not responsible for any smoke circles or damage to ceilings that may occur. Ceiling balloons include a ribbon length of 6ft. Eye Candy Balloons will not cut/adjust the ribbon length unless the client has opted for set-up, at an additional cost.
14.4 Balloon Columns and Arches
For balloon columns and arches used outdoors, the shrinkage process will occur at a faster rate. Eye Candy Balloons is not responsible for shrinkage of balloons used outdoors. Removal of columns is not included and is available at an additional cost.
Balloon arches using aeropoles, flexpoles, and equipment owned by Eye Candy Balloons require a mandatory removal by Eye Candy Balloons following the event. Eye Candy Balloons is not responsible for any damages made to the Eye Candy Balloons' equipment during its time in the Client's possession. Clients/Customers will incur additional charges for replacing any damaged equipment.
14.5 Balloon Backdrops
We recommend that Eye Candy Balloons installs all balloon backdrops for best quality. Eye Candy Balloons is not responsible for any damage the backdrop may cause to walls or surfaces, if the purchaser is responsible for installation.
14.6 Vinyl Balloons
Vinyl message balloons are recommended to be used on the day of the event as the vinyl is a temperature sensitive product, and is not guaranteed to last 24 hours past delivery. For balloon orders with personalization, the purchaser is solely responsible for providing the personalized message or logo if applicable for the order. Failure to do so will result in the order being fulfilled, without the personalized message or logo, for the cost of the item. Eye Candy Balloons is not responsible if there is an error with the personalized message or logo. If an adjustment needs to be made to the message or logo, Eye Candy balloons will accommodate the request based on availability. Eye Candy Balloons will not issue a refund on any personalized balloons.
14.7 Balloon Bouquets
Due to the nature of balloons, and their ability to shift during slight movements, Eye Candy Balloons 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. Eye Candy Balloons does not recommend helium-filled balloons for outdoor use.
It is the responsibility of the client to maintain the condition of all rentals and equipment ordered and provided from Eye Candy Balloons. Failure to do so will result in additional charges at the cost of that item.
14.9 Gift Notes
If a purchaser chooses to add a gift note to an order, Eye Candy Balloons will follow the instructions and spelling exactly how it is transcribed by the purchaser. If there is an error with the personalized message, Eye Candy Balloons is not responsible. If an adjustment needs to be made to the message, Eye Candy Balloons will accommodate the request based on availability. Eye Candy Balloons will not issue a refund on order with an incorrect personalized message.
All disputes arising under this agreement shall be resolved through mediation. If mediation is unsuccessful, the dispute will be submitted to binding arbitration.
At this Site, Eye Candy Balloons 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. Eye Candy Balloons requires that Site users must be of legal age to use the Site.
16. Contact Information
For further information, or inquiries about these Terms and Agreement, please contact:
Eye Candy Balloons
PO Box 10331
Bedford, NH 03110