1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply goods and / or services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your booking/order. These terms tell you who we are, how we will provide goods and / or services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 Who we are. We are FABULOUS ROOMS & BALLOONS LIMITED a company registered in England and Wales with registration number 13271811, whose registered office is at 36 WOODHOUSE ROAD, URMSTON, MANCHESTER, ENGLAND, M41 7DJ (hereinafter referred to as “Fabulous Rooms & Balloons”).
2.2 We are a sole trader business supplying balloons (for purchase) and celebration event equipment (for birthdays, weddings, christenings, etc.) such as backdrops, post-boxes etc., including installation and removal service (for hire).
2.3 How to contact us. You can contact us by telephoning us at 07981892595 or emailing us at email@example.com or by writing to us at 36 WOODHOUSE ROAD, URMSTON, M41 7DJ. You can also send us a message via our website: www.fabulousroomsandballoons.co.uk
2.4 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order (or by responding to your message on our Facebook or Instagram pages, if that is how you have made contact with us).
2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails or other electronic communication such as via Facebook or Instagram.
3. Our contract with you
3.1 How we will accept your booking/order. Our acceptance of your booking/order will take place when we contact you by email (or respond to your message on Facebook or Instagram, depending how you placed your booking/order) you to accept and ONLY after a deposit of 50% of the total booking/order has been made, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your booking/order. If we are unable to accept your booking/order, we will inform you of this as soon as practicable by email or by responding to you via Facebook or Instagram, if that is how you have contacted us.
3.3 We only provide products/services to the UK. Our website is solely for the promotion of our products/services in the UK. Unfortunately, we do not accept bookings/orders from or deliver to addresses outside the UK.
4. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Any changes will be subject to these terms and conditions.
5. Providing the products
5.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
5.2 When we will provide the products. During the booking/order process we will let you know when we will provide the services/products to you.
(a) If the products are goods. If the products are goods we will agree a collection/delivery date with you during the booking/ order process.
(b) If the products are services (e.g. items and equipment for hire). We will provide the services on the date agreed with you during the booking/ order process.
5.3 Force majeure – we are not responsible for delays caused by events, circumstances or causes outside our control. If our supply of the products is delayed by an event outside our control (including but not limited to epidemic or pandemic and any law or action taken by a government or public authority, including but not limited to a lockdown) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If as a result of such events, circumstances or causes we have to suspend the supply of the products to you we will let you know. Provided we do this we will not be liable for delays caused by the event, however we may, subject to our discretion, allow you to use the credit for another booking.
5.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at the time agreed between us.
5.5 If you do not allow us access to provide services. If you do not enable us safe access to the event venue/premises to perform the services we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your venue on the event date agreed upon booking we may end the contract and clause 10.1-10.2 will apply.
5.6 When you become responsible for the goods. A product which is goods for purchase will be your responsibility from the time we deliver the product to the address you gave us or you or when you collect it from us.
5.7 When you own goods. You own a product which is goods for purchase (e.g. balloons) once we have received payment in full and you have accepted the item by collection or delivery. Items hired as part of the services we offer (for example post-boxes, backdrops etc.) remain our property at all times.
5.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, colours of any balloons required and times that we can access the event venue. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.1-10.2 will apply). We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.9 We may suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 10) we may suspend supply of the products until you have paid us the outstanding amounts.
6. Hired Items and Equipment
6.1 Hired items remain the property of Fabulous Rooms & Balloons at all times.
6.2 During the event and period of hire, you will be solely responsible for the hired items and equipment and must insure them at the appropriate levels and against all risks.
6.3 You must undertake to keep any hired items and equipment in excellent order and condition and to return any hired items and equipment to us in such order and condition.
6.4 You may not affix anything to the hired items and equipment without our prior permission.
6.5 We will endeavour where possible to ensure that pre-arranged delivery and collection times of hired items and equipment where applicable are adhered to.
6.6 Unless otherwise agreed we will require AT LEAST 1 hours’ clear access to any locations where our items are to be installed before use. In the event that we will need longer than 1 hour we will let you know in advance. In the event that you do not permit us this access then the provisions of clause 10.1 will apply.
6.7 Dance floors can only be installed on a solid and flat area. No furniture can be placed on the dance floor.
6.8 Items are also collected and removed at the end of the hire period. Additional charges and idle time maybe added should services / equipment be required to be installed at an earlier time. Idle time charges vary based on the services and booking.
6.9 We reserve to right to refuse installation of the hired items / equipment should we feel the location is not suitable / safe to do so, without refund.
6.10 Once on location the hired equipment may not be moved by you from one site to another. An additional charge may apply for wait time if a site is not available for set up at the time stated for delivery.
6.11 An additional full-day hire fee may apply if items are not ready for collection end date / time stated on the booking confirmation.
7. Intellectual property
7.1 Fabulous Rooms & Balloons and its licensors shall retain ownership of all Supplier Intellectual Property Rights.
7.2 Fabulous Rooms & Balloons grants the Customer, or shall procure the direct grant to the Customer of, a non-exclusive, royalty-free, licence to use the IPRs for the purpose of receiving and using our products for the purpose and term of the booking.
7.3 The Customer shall indemnify the Fabulous Rooms & Balloons in full against any sums awarded by a court against Fabulous Rooms & Balloons arising out or in connection with any claim brought against Fabulous Rooms & Balloons for infringement of a third party’s rights (including any Intellectual Property Rights) arising out of, or in connection with, the use of the products by the Customer.
8.1 In the event that you change your mind within 14 days of placing your order, Fabulous Rooms & Balloons will allow a 14 day cooling off period during which you may cancel your order and receive a refund UNLESS the products had been booked by you for collection/delivery/supply within the 14 day period from placing your order, in which case the products must be paid for in full and any deposit and balance payments will not be refundable.
8.2 If you cancel your order/booking after the 14 day cooling off period for any reason other than we have informed you that we have suspended the supply of the products because they are no longer available the deposit will not be refundable.
8.3 Balance payments fall due 28 days before the event. If you cancel your order/booking 28 days or less before the delivery/collection/event date (you will not be entitled to a refund on your deposit or balance payment.
9. How to cancel your order / booking and end the contract with us (including if you have changed your mind.
(a) Tell us you want to cancel your order/booking. To cancel your order/booking, please let us know by calling us on 07981892595 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order/booking and, where available, your phone number and email address.
(b) details of what you ordered, when you ordered it and your name and address.
9.2 No returns on goods (balloons). Goods for purchase such as balloons are non-returnable unless faulty. If you believe there is a fault with a balloon you have ordered then you should notify us immediately.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract at any time if
(a) you do not make any payment to us when it is due (whether deposit or balance payment);
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
(d) you do not, within a reasonable time, allow us access to the event venue / premises to supply the services.
10.2 If we end the contract in the situations set out in clause 10.1 the deposit will not be refundable and if you fail to provide us timely access to the event venue OR fail to make your balance payment on time you will not be entitled to a refund on either your deposit or balance payment.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product (for instance if it is no longer available). We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided for this reason.
11. Price and payment
11.1 The price of the product (which includes VAT) will be the price indicated by us when you placed your order.
11.2 When you must pay and how you must pay.
11.3 We accept payment by credit or debit card, bank transfer or Paypal. For both goods and services, you must make an advance payment of 50% of the price of the goods or services, upon booking. The remaining 50% is due by no later than 28 days prior to the event/delivery or collection date.
11.4 For any bookings that included hired items and equipment as part of your package, for example post-boxes, backdrops, etc. a damage deposit (amount to be confirmed with you when placing your booking) falls due upon placing your booking and will be refunded upon our collection of these items subject to satisfactory inspection by us (and no damage) within 7 working days after inspection. If the hired item / equipment is damaged then you will not be entitled to a refund and clause 12.1 will apply.
12.1 You will be fully liable for any loss or damage caused to any of our hired items, equipment or products (either belonging to our leased out to us) by you and you and will fully indemnify us against any claims loss or damage arising as a result of any such loss or damage or breach of this contract.
12.2 Our liability under this contract is limited to the sum of your booking/order, i.e. the deposit plus any balance payment except as provided for in 10.3.
12.3 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 products.
12.4 We are not liable to you for any business losses. We only supply the products for domestic and private use. If you use the products 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.
13. How we may use your personal information
13.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Notice.
14. Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2 You need our consent to transfer your rights to someone else You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 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 court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15. Which laws apply to this contract
15.1 These terms are governed by English law and is subject to the jurisdiction in the English courts.
36 Woodhouse Road,
Urmston, Manchester. M41 7DJ