1. These terms
1.1 These are the terms and conditions on which we, Balloon Monkey, supply goods from our website to you.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will supply goods to you, how you and we may change or end the contract, what to do if there is a problem with the goods supplied to you and other important information. If you think that there is a mistake in these terms, please contact us to discuss the same as soon as possible.
2. Information about us and how to contact us
2.1 We are Bizzy Balloons LLP trading as, Balloon Monkey with company number OC402110 whose registered office is High Cross Mews, Shrewley, Warwick, England, CV35 7BG.
2.2 How to contact us. You can contact us in the following ways:
a) by telephoning our customer service team on 01926 400 631;
b) by email to help@balloonmonkey.co.uk; or
c) or by writing to us at, unit 9B, Budbrooke Industrial Estate, Budbrooke Road, Warwick, Warwickshire, CV34 5XH.
We will endeavour to respond to you within 1 day of your correspondence and in this respect we note our operating hours of Monday to Friday 9.30am – 4.30pm. We note that during busy periods, such Christmas or prior to public holidays in England and Wales, we may take longer to respond. This does not however affect your statutory right under these terms and conditions.
2.3 How we may contact you. If we have to contact you we will do so by telephone (if provided) or by writing to you at the email address or postal address you provided to us.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and we will endeavour to provide you with a full refund of any monies taken from your account within 3 working days.
3.3 Pursuant to clause 3.2, we may not be able to supply you with goods if they are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of goods or because we are unable to meet a delivery deadline you have specified.
3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.5 Orders for customers outside of the UK. We do accept orders from customers based outside of the UK, however delivery must be to a UK address.
4. Our Goods
4.1 Although we have made every effort to display goods and colours accurately, we cannot guarantee that the colour of the goods shown on our website accurately reflects the colour of the goods delivered.
4.2 Although we have made every effort to be as accurate as possible with the sizes, weights, capacities, dimensions and measurements indicated on our website, there may be a 2% tolerance in the information provided.
4.3 We may provide complimentary confectionary with your order from time to time and whilst stocks last. We reserve the right to remove this offer at any time or substitute the complimentary confectionary shown on our website for a different product/brand. Should complimentary confectionary be provided with your order, it is your responsibility to check any allergy information before consumption.
4.4 It is your responsibility to carefully read the care and health and safety instructions shown on our website for the goods you purchase.
5. Personalisation of Goods
5.1 Where you choose to personalise goods from our website, you agree not to upload and/or email to us any material which might:
a) infringe anyone’s copyright or other right, including trademarks;
b) contravene any applicable law;
c) cause annoyance, inconvenience or distress to any person;
d) harass, upset, embarrass or alarm any person; and
in the event that it does, you agree to hold us harmless from any third party claim on a full indemnity basis.
5.2 Pursuant to clause 5.1, where we deem that your personalisation of the goods could affect the integrity or reputation of our business, we shall be entitled to refuse or cancel your order and refund you any money already paid. This will automatically end our contract with you.
6. Your rights to make changes
6.1 If you wish to make a change to the goods you have ordered please contact us prior to dispatch and we will let you know if the change is possible. If the goods have been personalised and the order has already been processed, changes to your order will not possible.
6.2 Pursuant to clause 6.1 above, if it is possible to make changes to goods ordered, we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask that you confirm whether you wish to proceed with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9).
6.3 When buying personalised goods, please review the content and information provided to us carefully. Where incorrect information has been given and the order has already been processed, we will be unable to make any changes, but you will remain liable for the cost of the goods and will not be entitled to cancel the contract with us.
7. Our rights to make changes
7.1 Minor changes to goods. We may change the goods to:
a) reflect changes in relevant laws and regulatory requirements; and
b) implement minor technical adjustments and improvements. These changes will not affect your use of the goods.
7.2 Substitute goods. We reserve the right to substitute goods with a similar item, if goods are out of stock or we no longer stock the requested product. We will use reasonable endeavours to contact you prior to dispatch to give you the option to cancel the order or accept the substitute.
8. Delivery
8.1 We have the following delivery options, which should be chosen by you at checkout depending on when you wish to receive you order:
a) delivery on a specified day for delivery Monday to Saturday – your goods will be sent by Royal Mail next day tracked or courier delivery. This means that your goods should be delivered between the hours of 8am and 5pm on your chosen day (Monday to Saturday). If you place an order before 10.30am on a Saturday, your order will be sent the same day, for delivery on the following Monday. Orders for this service must be made on our website before 5pm the day before you want your order to be delivered except if you are ordering on a Saturday for delivery the following Monday where your payment must be completed by 10.30am the Saturday. If you order outside of these hours, but still choose this method of delivery, your order will delivered one working day later;
b) delivery on a specified day, before 1pm or 10am UK time, Monday to Saturday – your goods will be sent by Royal Mail next day tracked Special Delivery or courier delivery. This means that your goods should be delivered on or before the hour chosen i.e. before 1pm or before 10am, on your chosen day (Monday to Saturday). Orders for this service must be made on our website before 5pm the day before you want your order to be delivered, except if you are ordering on a Saturday for delivery the following Monday where your payment must be completed by 10.30am on the Saturday. If you place an order before 10.30am on the Saturday, your order will be sent the same day, for delivery on your specified day (other than a Sunday). If you order outside of these hours, but still choose this method of delivery, your order will delivered one working day later; or
c) free post – your goods will be delivered 1-3 days after we have confirmed your order, by Royal Mail 1st class post or courier. Please note, free post deliveries are not guaranteed to arrive on a specific day. If your balloon requires a definite delivery date, you should choose one of the other delivery options.
8.2 You acknowledge that it is your responsibility to select the correct delivery option depending on your requirements.
8.3 Delivery costs. The costs of delivery will be as displayed to you on our website and you will be liable for the full cost of delivery, unless specified otherwise.
8.4 No international delivery. Unfortunately, we do not deliver to addresses outside the UK
8.5 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control, which shall include a delay by our courier, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a full refund for any goods you have paid for but not received.
8.6 If you are not at home when the product is delivered. If no one is available at your address to take delivery, the delivery company will leave you a note informing you of their attempt and any further instructions. However, if a signature is not required, the box may be left with a neighbour, left in a safe place or returned to the depot. The delivery company will not be able to re-deliver on the same day.
8.7 If you have specified a date or time for the goods to be delivered and you are not available when the item is due for delivery, we shall not be liable for any delay caused and you will not be entitled to a refund for any perishable goods, which includes our balloons and confectionary. This does not affect your statutory right in respect of the non-perishable goods.
8.8 Your legal rights if we deliver goods late. Subject to clause 8.5, If you have requested delivery for a chosen day and the goods are not delivered due to a failure by us to dispatch the item in time, you may treat the contract as at an end straight away and request a full refund.
8.9 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the product to the address you gave us. It is your responsibility to ensure that the address provided is correct and you are in to accept delivery.
8.10 When you own goods. You own the goods once we have received payment in full.
8.11 We reserve the right to use an alternative courier to those stated in clause 8.1 above. If we do and the time frames as stated above are no longer applicable, we will notify you of the same.
9. Your rights to end the contract
9.1 Your rights to end your contract with us will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
9.2 Due to the nature and life span of some of our goods, such as our balloons and confectionary, which are classed as perishable, pursuant to Part 3, clause 28(1)(c) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you do not have an automatic right to end your contract with us, unless we have been in breach of contract, or there is a fault with the goods.
9.3 Should the product ordered not be classed as perishable, you have a statutory right to change your mind, as set out in clause 9.6 below.
9.4 If there is a problem with the product.
a) How to tell us about problems. If you have any questions or complaints about the product, please contact us within 48 hours of receiving the goods. You can telephone our customer service team on 01926 400 631 or write to us at help@balloonmonkey.co.uk or Unit 9B, Budbrooke Industrial Estate, Budbrooke Road, Warwick, Warwickshire, CV34 5XH.
b) Your obligation to return rejected goods due to damage. If you wish to reject goods due to them being faulty or damaged, you must post them back to us if we ask that you do so. We will pay the costs of postage or collection. Please call customer services on 01926 400 631 or email us at or Unit 9B, Budbrooke Industrial Estate, Budbrooke Road, Warwick, Warwickshire, CV34 5XH for a return label.
9.5 Ending the contract because of something we have done or are going to do. If you are ending your contract with us for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any goods which have not been provided. The reasons are:
a) we have told you about an upcoming change to the goods which you do not agree to;
b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
c) there is a risk that supply of goods may be significantly delayed because of events outside our control;
d) we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons; or
e) you have a legal right to end the contract because of something we have done wrong.
9.6 Exercising your right to change your mind. For non-perishable goods, such as soft toys, you have a legal right to change your mind within 14 days following the day on which the goods are delivered. You must then return the unused product to us within 14 days of notifying us of the cancellation and pay the cost of returning the goods. If you return the goods outside of these timeframes, we are not obliged to provide you with a refund, but may, at our discretion, provide you with a discount code to use for future transactions, which will be for the same value of the goods, minus any costs paid for delivery.
9.7 When you don't have the right to change your mind. You do not have a right to change your mind following the delivery of balloons or food products which normally deplete rapidly, unless there is a fault with the goods and such fault has been reported to us as set out in these terms.
9.8 If you have chosen to personalise any goods on our website, the product will be non-refundable, unless there is a fault with the product, due to an omission caused by us.
10. How to end the contract with us
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
a) Phone or email. Call customer services on 01926 400 631 or email us at help@balloonmonkey.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
b) By post. Write to us at Unit 9B, Budbrooke Industrial Estate, Budbrooke Road, Warwick, Warwickshire, CV34 5XH, including details of what you bought, when you ordered or received it and your name and address.
10.2 Returning goods to us. Please call us on 01926 400 631 to determine whether you need to send the goods back. If the product is a balloon and it is faulty, you much notify us within 48 hours of receiving the faulty item. We will normally ask you to take a photograph to detail the issue instead of returning the product to us. For any other product we ask that you post the goods back to us at Unit 9B, Budbrooke Industrial Estate, Budbrooke Road, Warwick, Warwickshire, CV34 5XH.
10.3 How we will refund you. We will refund you the price you paid for the goods, minus a delivery costs (unless stated otherwise), by the method you used for payment. However, we may make deductions from the price, as described below.
10.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
a) your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return a product to us, see clause 10.2; or
b) as notified by is in writing.
11. Our rights to end the contract
11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
a) you have made changes to your product and do not make any payment of any additional fees to us when it is due and you still do not make payment within 24 hours of us reminding you that payment is due;
b) you do not, within a reasonable time, allow us to deliver the goods to you ; or
c) as set out in this agreement.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you a reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12. Price and payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you place your order. We use our best efforts to ensure that the price of the product advised to you is correct. However, please see clause 12.4 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 VAT receipts. If you require a full VAT receipt, please contact us on 01926 400 631 or email us at help@balloonmonkey.co.uk.
12.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the good's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.5 When you must pay and how you must pay. We accept payment by debit card, credit cards or paypal. You must pay for the goods before we process your order .
13. Our responsibility for loss or damage suffered by you
13.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods including the right to receive goods which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill; and for defective goods under the Consumer Protection Act 1987.
13.2 Total Liability. Notwithstanding clause 13.1, our total liability to you will be the cost of the goods purchased by you.
13.3 We are not liable for business losses. We only supply goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
14.1 How we may use your personal information. We will only use your personal information as set out in our privacy policy provided on our website.
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure, as far as lawfully possible, that the transfer will not affect your rights under the contract.
15.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any clause or part clause of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but shall not affect the validity and enforceability of the rest of the terms and conditions.
15.4 if any provision or part provision of this agreement is deemed deleted under clause 15.3, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
15.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you agree that the courts of England and Wales shall have exclusive jurisdiction to deal with any dispute.
