By ordering any Goods or Services from us you agree to be bound by these Terms and Conditions.
“Agreement” is a reference to these Terms and Conditions and our Invoice;
“Invoice” means the form which has been completed either by you or us and detailing the Goods you wish to purchase, the Services you have ordered and/or the Equipment which you wish to hire and the dates;
“Equipment” means the party related equipment which we may hire to you as detailed on the
Invoice and which shall be provided in accordance with these Terms and Conditions;
“Goods” is a reference to any balloons and party related goods which we may offer for sale from time
“Services” is a reference to the balloon or party related services that we may arrange to provide you
including the hire of Equipment; “you”, “your” and “yours” are references to you the person ordering Goods or Services or hiring Equipment from us; “we”, “us” and “our” are references to us, the business providing the Goods, Equipment or Services and which is named at the beginning of this document.
2.1. Any contract for the supply of Goods or Services from us is between you and us. You agree to take
particular care when providing us with your details and warrant that these details are accurate and
complete at the time of ordering.
2.2. All reservations made with us are provisional until the Invoice is paid.
2.3. The numbers for which the event has booked are set out in the Invoice. Any variation of
these numbers must be notified to us as soon as possible prior to the event date.
2.4. Where stated on the Invoice a non-refundable deposit may be required in order to secure a
2.5. The Invoice will detail all of the Goods or Services to be supplied by us including the
Equipment to be hired by you and the event date. Please check this to ensure that it is accurate and
that it reflects your requirements. You must notify us immediately if you spot any errors or if the
order does not reflect your requirements.
3. Prices and Payment
3.1. All prices quoted to you are correct at the time of quotation and are valid for 30 days and we reserve
the right to alter our prices after this time. Prices are inclusive of value added tax, if applicable.
3.2. All invoices must be paid in full by the date specified on the invoice.
3.3. Cancelled bookings may be subject to cancellation charges which will be set out in the Booking
3.4. Please note that any changes to bookings must be made in writing and we will use our reasonable
endeavours to accommodate these changes however we cannot guarantee that we will be able to
accept the alteration. Where the change results in an increase in the overall cost a revised Invoice will be issued to you.
3.5. Payment must be made by one of the methods accepted by us as notified to you.
3.6. Failure to pay on time may result in late payment charges which shall be calculated in accordance
with The Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from the date the
payment was originally due until the date of actual payment.
3.7. We reserve the right to charge an administration fee for any late payment notices which we send to
you in the event of your late payment. We also reserve the right to cancel any discount that we may
have offered to you, to alter your payment terms and/or to suspend or cancel future deliveries in the
case of late payment.
3.8. If we are not paid we may instruct a debt collection agency or law firm to collect our payment
(including any interest and/or late payment charges) on our behalf. In such circumstances you will
be liable to pay an additional sum to us which will not exceed the reasonable costs that we may
have to pay the debt collection agency or law firm, who will add the sum to your outstanding debt on
3.9. In the unlikely event that we have to cancel a booking due to reasons beyond our control, we will do
so in writing or by email providing you with as much notice as possible, returning any deposits paid
and where possible recommend another reputable company.
3.10.We reserve the right to alter our pricing on our literature and website at any time without prior
4. Equipment Hire
4.1. The hire period for the Equipment is for the period specified on the Invoice. The hire of the
Equipment is not covered by the Consumer Credit Act, 1974 as the hire period is less than 3
4.2. The hire period shall commence and end on the dates specified on the Invoice. No extension
to the hire period is permitted without our express written consent and receipt by us of the
4.3. Full ownership in the Equipment shall remain fully vested in us at all times. You have no right, title
or interest in the Equipment other than that you are entitled to hire the Equipment for the hire period.
4.4. You are responsible for the Equipment from the time we deliver the Equipment until the time you
return the Equipment to us. Full risk in the Equipment shall lie with you during this time.
4.5. You are not permitted to hire, sub-let, sell, lend, or part with possession of the Equipment at any
4.6. Please ensure that the venue has in place adequate insurance to cover the Equipment against fire,
theft, loss or damage at all times during the hire period.
4.7. You hereby indemnify us against any losses, costs, damages or expenses that we may reasonably
incur as a result of your breach of any of these Terms and Conditions.
5. Loss of or Damage to the Equipment
5.1. If the Equipment is returned to us in bad repair, damaged, unclean or defective in any way then we
are entitled to retain any security deposit which may have been paid by you to repair and/or replace the Equipment. You are liable for any additional costs that we may incur in repairing, cleaning or
replacing the Equipment.
5.2. In the event that any item of Equipment is lost, stolen or damaged beyond economical repair you
are liable to pay us the cost of the replacement items as new. You will not be entitled to a refund of
the security deposit in these circumstances.
5.3. All covers and draping fabrics are laundered prior to fitting and any minor accidental staining is
acceptable such as food, drink and shoe marks from guests on the bottom of the fabric. However,
any damage which we reasonably consider to be caused outside of the above such as staining
foodstuffs, standing on covers, tears, rips, ink stains (drawing), burns, candle wax etc. may result in
additional charges for laundering, repair or replacement.
5.4. In the event of loss or damage, the security deposit will be retained by us and we will notify you in
writing of the reasons. If the cost of replacement due to missing Equipment or damage is in excess
of the security deposit, an invoice will be issued to you to cover the cost of the damaged/missing
property which must be paid in accordance with the terms stated on the invoice. If the cost of
replacement is less than the security deposit, the balance will be returned to you within 14 working
days of the date of our assessment.
6. Cancellation Rights for Consumers
6.1. Cancellations (For customers who are purchasing the Goods or Services not in the course of a
business and who are based within the EU only):
● If you ordered the Goods or Services off-premises then you have the right to cancel your order
within 14 days without giving any reason. The cancellation period will expire 14 days after the
day you placed your order provided that you have not asked us to perform the Services or
deliver the Goods before this date.
● To exercise your right to cancel you must notify us immediately preferably by email or by
calling us. You must provide us with a clear statement of your decision to cancel an order.
● Please note that you have no right to cancel an order for balloons or hire Equipment once
these have been delivered.
6.2. Effects of Cancellation under clause 6.1:
● If you cancel this contract, we will reimburse to you all payments received from you, including
the costs of delivery (except for the supplementary costs arising if you chose a type of delivery
other than the least expensive type of standard delivery offered by us).
● We will make the reimbursement without delay and not later than 14 days after the day on
which we are informed about your decision to cancel this contract.
● We will make this reimbursement using the same means of payment as you used for the initial
transaction, unless you have expressly agreed otherwise; in any event you will not incur any
fees as a result of the reimbursement.
● If you requested to begin the performance of Services during the cancellation period, you shall
pay us an amount which is in proportion to what has been performed until you have
communicated to us your cancellation from this contract, in comparison with the full coverage
of the contract.
7.1. The Goods or Equipment will be delivered by us to you on the agreed date and at the event location
specified by you.
7.2. You must ensure that at the time of agreed delivery of the Goods or Equipment adequate
arrangements, including labour and access where necessary, are in place. We cannot be held liable
for any damage, cost or expense incurred to the Goods, Equipment or premises where this arises
as a result of a failure to provide adequate access or arrangements for delivery. An extra charge
may be made by us where we spend additional time due to delays with access to the venue.
8. Balloon Displays & Decoration
8.1. Balloon inflation some times takes place at the venue. Please ensure that there is sufficient time allocated for this at the venue and for subsequent decoration to take place. We will not be held responsible for balloon damage due to rare atmospheric conditions. All balloon decorations and weights become your property and responsibility upon completion of the set-up with the exception of decorations that use a balloon frame of any type.
8.2. Whilst the choice of colours and types of balloon for balloon displays is your responsibility, we
reserve the right to make substitutions in an emergency such as in the case of a faulty batch of
balloons supplied from the manufacturer.
8.3. Care must be exercised to ensure that all decoration items are safely and securely disposed. On no
account should helium balloons be inhaled or released into the atmosphere.
8.4. Any faults must be reported within 24 hours of delivery.
8.5. Please note that the Goods supplied are not toys and are not suitable for children to use
unsupervised. Ribbons tiled to balloons may cause choking if used incorrectly. It is your
responsibility to ensure that all children are appropriately supervised when handling these items.
9.1. Full title in all Goods supplied by us shall remain fully vested in us until we receive payment in full
for all monies owed to us. We shall be entitled to re-take possession of the Goods in the event of
non-payment and you hereby grant us a non-revocable licence to enter your premises for the
purposes of recovering the Goods.
9.2. Until such time as the property in the Goods passes to you, you shall hold all Goods supplied to you
as our fiduciary agent and bailee, and shall keep all of the Goods properly stored, protected and
insured (against the risks for which a prudent owner would insure them and hold the policy on trust
for us) and clearly identified as our property. You hereby grant us permission to enter any premises
where the Goods may be stored at any time to inspect them.
9.3. Until such time as the property in the Goods passes to you, we shall be entitled at any time to
require you to return the Goods to us at your cost, and if you fail to do so forthwith, to enter upon
any of your premises or any third party premises where the Goods are stored and repossess the
Goods using reasonable force if necessary.
9.4. You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any
of the Goods which remain our property, but if you do so all moneys owing by you to us shall
(without prejudice to any other right or remedy we may have) forthwith become due and payable.
9.5. Until such time as you have paid us all monies owing to us, if you become bankrupt or insolvent,
enter into any arrangement with your creditors, or being a company, go into liquidation or are
wound-up, or being a partnership, are dissolved or if, in our reasonable opinion, one of the
aforementioned events is likely to occur and we notify you of such belief in writing you will no longer
be entitled to use and sell any of our Goods and these must be returned to us immediately at your
cost or we shall be entitled to re-take possession in accordance with Clause 8.3.
10. LIMITATION OF LIABILITY
10.1. IF WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE TO YOU SUCH LIABILITY IS LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE RELEVANT SERVICES. WE EXCLUDE LIABILITY FOR LOSSES THAT WERE NOT FORESEEABLE TO BOTH PARTIES WHEN THE CONTRACT WAS FORMED AND LOSSES THAT WERE NOT CAUSED BY ANY BREACH ON OUR PART. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY OR DEATH
ARISING AS A DIRECT RESULT OF OUR NEGLIGENCE.
10.2.WE DO NOT ACCEPT ANY LIABILITY FOR ANY DELAYS, FAILURES, ERRORS OR OMISSIONS
OR LOSS OF TRANSMITTED INFORMATION, VIRUSES OR OTHER CONTAMINATION OR
DESTRUCTIVE PROPERTIES TRANSMITTED TO YOU OR YOUR COMPUTER SYSTEM VIA
OUR WEBSITE EXCEPT WHERE THIS HAS BEEN CAUSED BY OUR NEGLIGENCE.
10.3.WE SHALL NOT BE HELD LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING SERVICES
WHERE SUCH FAILURE ARISES AS A RESULT OF ANY ACT OR OMISSION WHICH IS
OUTSIDE OUR REASONABLE CONTROL SUCH AS AN ACT OF GOD OR THOSE OF THIRD
10.4.WE CANNOT ACCEPT ANY LIABILITY FOR ANY LOSS, DAMAGE OR EXPENSE, INCLUDING
ANY DIRECT OR INDIRECT LOSS SUCH AS LOSS OF PROFITS, TO YOU HOWSOEVER
ARISING. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY OR
DEATH ARISING AS A DIRECT RESULT OF OUR NEGLIGENCE.
10.5.WE DO NOT ACCEPT LIABILITY FOR ANY INDIRECT LOSS, CONSEQUENTIAL LOSS, LOSS
OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF DAMAGE TO PROPERTY AND/OR LOSS
FROM CLAIMS OF THIRD PARTIES ARISING FROM THE GOODS, EQUIPMENT OR SERVICES
PURCHASED FROM US.
10.6.WE SHALL NOT BE HELD LIABLE FOR ANY FAILURE OR DELAY IN DELIVERING GOODS,
EQUIPMENT OR SERVICES WHERE SUCH FAILURE ARISES AS A RESULT OF ANY ACT OR
OMISSION WHICH IS OUTSIDE OUR REASONABLE CONTROL SUCH AS AN ACT OF GOD OR
THOSE OF THIRD PARTIES.
10.7. WE SHALL NOT BE LIABLE FOR ANY MISREPRESENTATIONS OTHER THAN FRAUDULENT
11.1.We may subcontract any part or parts of the Goods or Services that we provide to you from time to
time and we may assign or novate any part or parts of our rights under these Terms and Conditions
without your consent or any requirement to notify you.
11.2. We may alter or vary the Terms and Conditions at any time without notice to you.
11.3. The Terms and Conditions together with the Booking Form and payment instructions constitute the
entire agreement between you and us. No other terms whether expressed or implied shall form part
of this Agreement. In the event of any conflict between these Terms and Conditions and any other
term or provision on the Website, these Terms and Conditions shall prevail.
11.4. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the
parties hereby agree that such term or condition shall be deemed to be deleted and the remainder
of the Agreement shall continue in force without such term or condition.
11.5. These Terms and Conditions and our Agreement shall be governed by and construed in
accordance with the laws of England and Wales. The parties hereto submit to the exclusive
jurisdiction of the courts of England and Wales.
11.6. No delay or failure on our part to enforce our rights or remedies under the Agreement shall
constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
11.7. It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts
(Rights of Third Parties) Act 1999.
Terms of website use
Other applicable terms
INFORMATION ABOUT US
www.michelleshipman.org is a site operated by Michelle Shipman (“We”). Our main trading address is Old Coach House, 2b Bridge Street, Wybunbury, CW5 7NB.
We are a sole trade.
CHANGES TO THESE TERMS
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
CHANGES TO OUR SITE
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
NO RELIANCE ON INFORMATION
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
If you are a business user, please note that in particular, we will not be liable for:
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply.
UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our site do not represent our views or values.
You are solely responsible for securing and backing up your content.
RIGHTS YOU LICENCE
When you upload or post content to our site, you grant the following licenses:
We will only ever use your materials to carry out your instructions to us – unless, very exceptionally, a court or other regulator orders us to disclose them.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
To contact us, please email email@example.com.
Thank you for visiting our site.