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    • Home
    • Gallery
      • Birthdays
      • Parties
      • Wedding
      • Corporate & Event
    • Prices
    • Contact
    • Balloon Care
  • Home
  • Gallery
    • Birthdays
    • Parties
    • Wedding
    • Corporate & Event
  • Prices
  • Contact
  • Balloon Care
Boutique Balloon Studio

Balloon Care

Keep balloons away from direct sunlight and warm places. Helium expands in warm temperatures so balloons can burst if left in front of windows, in conservatories, cars etc. Avoid very low temperatures too as they can affect the float time of the balloon, balloons prefer to be in comfortable room temperatures.

Privacy Policy

 This is the privacy notice of Boutique Balloon Studio. (‘we’, ‘our’, or ‘us’).

Our registered office is at :


2, Meadow Cottages, Poundfield Road, Crowborough, East Sussex TN6 2BH


Introduction

  1. This notice describes how we collect, store, transfer and use personal data. It tells you about your privacy rights and how the law protects you.

In the context of the law and this notice, ‘personal data’ is information that clearly identifies you as an individual or which could be used to identify you if combined with other information. Acting in any way on personal data is referred to as ‘processing’.

This notice applies to personal data collected through our website and through social media platforms and online retail platforms, including boutiqueballoonstudio.com,Facebook, Instagram, Twitter, Etsy, eBay and Amazon].

Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.

Data Protection Officer

We have appointed a data protection officer (‘DPO’) who is responsible for ensuring that our privacy policy is followed.

If you have any questions about how we process your personal data, including any requests to exercise your legal rights, please contact our DPO,  

Jamie Ashby

Jamie@boutiqueballoonstudio.com

Personal data we process

  1. How we obtain personal data
     

The information we process about you includes information:

  • you have directly provided to us
     
  • that we gather from third party databases and service providers
     
  • as a result of monitoring how you use our website or our services
     

  1. Types of personal data we collect directly
     

When you use our website, our services or buy from us, we ask you to provide personal data. This can be categorised into the following groups:

  • personal identifiers, such as your first and last names an title.
     
  • contact information, such as your email address, your telephone number and your postal addresses for billing, delivery and communication
     
  • payment information, such as a debit or credit card number and expiry date and bank account details
     
  • records of communication between us including messages sent through our website, email messages and telephone conversations
     
  • marketing preferences that tell us what types of marketing you would like to receive
     

  1. Types of personal data we collect from third parties
     

We confirm some of the information you provide to us directly using data from other sources. We also add to the information we hold about you, sometimes to remove the need for you to provide it to us and sometimes in order to be able to assess the quality of the services you offer.

The additional information we collect can be categorised as follows:

  • information that confirms your identity
     
  • business information, including your business trading name and address, your company number (if incorporated), and your VAT number (if registered)
     
  • information that confirms your contact information
     
  • reviews and feedback about your business on other websites through which you sell your services
     
  • unsolicited complaints by other users
     

  1. Types of personal data we collect from your use of our services
     

By using our website and our services, we process:

  • your username and password and other information used to access our website and our services
     
  • information you contribute to our community, including reviews
     
  • your replies to polls and surveys
     
  • technical information about the hardware and the software you use to access our website and use our services, including your Internet Protocol (IP) address, your browser type and version and your device’s operating system
     
  • usage information, including the frequency you use our services, the pages of our website that you visit, whether you receive messages from us and whether you reply to those messages
     
  • transaction information that includes the details of the products services you have bought from us and payments made to us for those services
     
  • your preferences to receive marketing from us; how you wish to communicate with us; and responses and actions in relation to your use of our services.
     

  1. Our use of aggregated information
     

We may aggregate anonymous information such as statistical or demographic data for any purpose. Anonymous information is that which does not identify you as an individual. Aggregated information may be derived from your personal data but is not considered as such in law because it does not reveal your identity.

For example, we may aggregate usage information to assess whether a feature of our website is useful.

However, if we combine or connect aggregated information with your personal data so that it can identify you in any way, we treat the combined information as personal data, and it will be used in accordance with this privacy notice.

  1. Special personal data
     

Special personal data is data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data.

  1. If you do not provide personal data we need
     

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform that contract.

In that case, we may have to stop providing a service to you. If so, we will notify you of this at the time.

The bases on which we process information about you

The law requires us to determine under which of six defined bases we process different categories of your personal data, and to notify you of the basis for each category.

If a basis on which we process your personal data is no longer relevant then we shall immediately stop processing your data.

If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

  1. Information we process because we have a contractual obligation with you
     

When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.

In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal data.

We may use it in order to:

  • verify your identity for security purposes when you use our services
     
  • sell products to you
     
  • provide you with our services
     
  • provide you with suggestions and advice on products, services and how to obtain the most from using our website
     

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

  1. Information we process with your consent
     

Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including our products and services, you provide your consent to us to process information that may be personal data.

Wherever possible, we aim to obtain your explicit consent to process this information, for example, we ask you to agree to our use of non-essential cookies when you access our website.

If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.

We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

You may withdraw your consent at any time by instructing us jamie@boutiqueballoonstudio.com. However, if you do so, you may not be able to use our website or our services further.

We aim to obtain and keep your consent to process your information. However, while we take your consent into account in decisions about whether or not to process your personal data, the withdrawal of your consent does not necessarily prevent us from continuing to process it. The law may allow us to continue to process your personal data, provided that there is another basis on which we may do so. For example, we may have a legal obligation to do so.

  1. Information we process for the purposes of legitimate interests
     

We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.

Where we process your information on this basis, we do after having given careful consideration to:

  • whether the same objective could be achieved through other means
     
  • whether processing (or not processing) might cause you harm
     
  • whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so
     

For example, we may process your data on this basis for the purposes of:

  • improving our services
     
  • record-keeping for the proper and necessary administration of   Boutique Balloon Studio
     
  • responding to unsolicited communication from you to which we believe you would expect a response
     
  • preventing fraudulent use of our services
     
  • exercising our legal rights, including to detect and prevent fraud and to protect our intellectual property
     
  • insuring against or obtaining professional advice that is required to manage Boutique Balloon Studio’s risk
     
  • protecting your interests where we believe we have a duty to do so
     

  1. Information we process because we have a legal obligation
     

Sometimes, we must process your information in order to comply with a statutory obligation.

For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

This may include your personal data.

  1. Information we process to protect vital interests
     

In situations where processing personal information is necessary to protect someone’s life, where consent is unable to be given and where other lawful bases are not appropriate, we may process personal information on the basis of vital interests.

For example, we may inform relevant organisations if we have a safeguarding concern about a vulnerable person.

How and when we process your personal data

  1. Your personal data is not shared
     

We do not share or disclose to a third party, any information collected through our website.

  1. Information you provide
     

Our website allows you to post information with a view to that information being read, copied, downloaded, or used by other people.

For example, when you leave a review or post a message on our website, we reasonably assume that you consent for the message to be seen by others. We may include your username with your message, and your message may contain information that is personal data.

Other examples include:

  • tagging an image
     
  • clicking on an icon next to another visitor’s message to convey your agreement, disagreement or thanks
     

In posting personal data, it is up to you to satisfy yourself about the privacy level of every person who might use it.

We do not specifically use this information except to allow it to be displayed or shared.

We do store it, and we reserve a right to use it in the future in any way we decide.

We provide you with a public profile page, the information on which may be indexed by search engines or used by third parties. The information you provide on that profile page may be made available to the public.

Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.

Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal data that you have posted. You can make a request by contacting us at  

jamie@boutiqueballoonstudio.com

  1. Payment information
     

Payment information is never taken by us or transferred to us either through our website or otherwise. Our employees and contractors never have access to it.

At the point of payment, you are transferred to a secure page on the website of [WorldPay / Opayo / PayPal / MoneyBookers / Stripe] or some other reputable payment service provider. That page may be branded to look like a page on our website, but it is not controlled by us.

  1. Direct Debit information
     

When you agree to set up a Direct Debit arrangement, the information you give to us is passed to our own bank Barclays Bank for processing according to our instructions. We do not keep a copy.

We are registered under the direct debit guarantee scheme. This provides for the customer's bank to refund disputed payments without question, pending further investigation. Direct Debits can only be set up for payments to beneficiaries that are approved originators of direct debits. In order to be approved, these beneficiaries are subjected to careful vetting procedures. Once approved, they are required to give indemnity guarantees through their banks.

  1. Job application and employment
     

If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date.

If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six years before destroying or deleting it.

  1. Information obtained from third parties
     

Although we do not disclose your personal data to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal data from third parties whose services we use.

No such information is personally identifiable to you.

  1. Service providers and business partners
     

We may share your personal data with businesses that provide services to us, or with business partners.

As examples:

  • we may pass your payment information to our payment service provider to take payments from you
     
  • we may use fraud prevention agencies and credit reference agencies to verify your identity and we may pass your information to those agencies if we strongly suspect fraud on our website
     
  • we may pass your contact information to advertising agencies to use to promote our services to you
     

  1. Referral partners
     

This is information given to us by you in your capacity as an affiliate of us or as a referral partner.

It allows us to recognise visitors that you have referred to us, and to credit to you commission due for such referrals. It also includes information that allows us to transfer commission to you.

The information is not used for any other purpose.

We undertake to preserve the confidentiality of the information and of the terms of our relationship.  

We expect any affiliate or partner to agree to reciprocate this policy.

Use of information we collect through automated systems

  1. Cookies
     

Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit a website that uses them. They allow information gathered on one web page to be stored until it is needed for use at a later date.

They are commonly used to provide you with a personalised experience while you browse a website, for example, allowing your preferences to be remembered.

They can also provide core functionality such as security, network management, and accessibility; record how you interact with the website so that the owner can understand how to improve the experience of other visitors; and serve you advertisements that are relevant to your browsing history.

Some cookies may last for a defined period of time, such as one visit (known as a session), one day or until you close your browser. Others last indefinitely until you delete them.

Your web browser should allow you to delete any cookie you choose. It should also allow you to prevent or limit their use. Your web browser may support a plug-in or add-on that helps you manage which cookies you wish to allow to operate.  

The law requires you to give explicit consent for use of any cookies that are not strictly necessary for the operation of a website.

When you first visit our website, we mayask you whether you wish us to use cookies. If you choose not to accept them, we shall not use them for your visit except to record that you have not consented to their use for any other purpose.

If you choose not to use cookies or you prevent their use through your browser settings, you may not be able to use all the functionality of our website.

We use cookies in the following ways:

  • to track how you use our website
     
  • to record whether you have seen specific messages we display on our website
     
  • to keep you signed in to our website
     
  • to record your answers to surveys and questionnaires on our site while you complete them
     
  • to record the conversation thread during a live chat with our support team
     

  1. Personal identifiers from your browsing activity
     

Requests by your web browser to our servers for web pages and other content on our website are recorded.

We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.

We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.

If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.

  1. Re-marketing
     

Re-marketing involves placing a ‘tracking technology’ such as a cookie, a ‘web beacon’ (also known as an ‘action tag’ or a ‘single-pixel GIF’) to track which pages you visit and to serve you relevant adverts for our services when you visit some other website.

The benefit of re-marketing technology is that we can provide you with more useful and relevant adverts, and not show you ones repeatedly that you may have already seen.

We may use a third-party advertising service to provide us with re-marketing services from time to time. If you have consented to our use of such tracking technologies, you may see advertisements for our products and services on other websites.

We do not provide your personal data to advertisers or to third-party re-marketing service providers. However, if you are already a member of a website whose affiliated business provides such services, that affiliated business may learn of your preferences in relation to your use of our website.

Other matters

  1. Your rights
     

The law requires us to tell you about your rights and our obligations to you in regard to the processing and control of your personal data.

We do this now, by requesting that you read the information provided at http://www.knowyourprivacyrights.org

  1. Use of our services by children
     

We do not sell products or provide services for purchase by children, nor do we market to children.

Certain areas of our website are designed for use by children over 15 years of age. These areas include [description or name or areas designed for children.  

If you are under 18, you may use our website only with consent from a parent or guardian.

We collect data about all users of and visitors to these areas regardless of age, and we anticipate that some of those users and visitors will be children.

  1. Encryption of data sent between us
     

We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.

Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.

  1. Delivery of services using third party communication software
     

With your consent, we may communicate using software provided by a third party such as Facebook (WhatsApp), Apple (Facetime), Microsoft (Skype) or Zoom Video Communications (Zoom).

Such methods of communication should secure your personal data using encryption and other technologies. The providers of such software should comply with all applicable privacy laws, rules, and regulations, including the GDPR.

If you have any concerns about using a particular software for communication, please tell us.

  1. Data may be processed outside the UK
     

Our websites are hosted in UK.

We may also use outsourced services in countries outside the UK from time to time in other aspects of our business.

Accordingly data obtained within the UK or any other country could be processed outside the UK.

We use the following safeguards with respect to data transferred outside the UK:

  • the processor is within the same corporate group as our business or organisation and abides by the same binding corporate rules regarding data processing.
     
  • the data protection clauses in our contracts with data processors include transfer clauses written by or approved by a supervisory authority.
     
  • we comply with a code of conduct approved by a supervisory authority.
     
  • we are certified under an approved certification mechanism as provided for in the Act.
     
  • both our organisation and the processor are public authorities between whom there is either a legally binding agreement or administrative arrangements approved by a supervisory authority relating to protection of your information.
     

  1. Control over your own information
     

It is important that the personal data we hold about you is accurate and up to date. Please inform us if your personal data changes.

At any time, you may contact us to request that we provide you with the personal data we hold about you.

To obtain a copy of any information that is not provided on our website you should contact us to make that request.

When we receive any request to access, edit or delete personal data we first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

Please be aware that we are not obliged by law to provide you with all personal data we hold about you, and that if we do provide you with information, the law allows us to charge for such provision if doing so incurs costs for us. After receiving your request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.

If you wish us to remove personally identifiable information from our website, you should contact us to make your request.

This may limit the service we can provide to you.

We remind you that we are not obliged by law to delete your personal data or to stop processing it simply because you do not consent to us doing so. While having your consent is an important consideration as to whether to process it, if there is another legitimate basis on which we may process it, we may do so on that basis.

  1. Communicating with us
     

When you contact us, whether by telephone, through our website or by email, we collect the data you have given to us in order to reply with the information you need.

We record your request and our reply in order to increase the efficiency of our business.

We may keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.

  1. Complaining
     

If you are not happy with our privacy policy, or if you have any complaint, then you should tell us.

When we receive a complaint, we record the information you have given to us on the basis of consent. We use that information to resolve your complaint.

We aim to investigate all complaints relating to user generated content. However, we may not be able to do so as soon as a complaint is made. If we feel that it is justified or if we believe that the law requires us to do so, we shall remove the content while do so.

Making a complaint may not result in the removal of the content. Ultimately, we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.

If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.

If your complaint reasonably requires us to notify some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion whether we do give information, and if we do, what that information is.

We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

If you are in any way dissatisfied about how we process your personal data, you have a right to lodge a complaint with the Information Commissioner's Office (ICO). This can be done at https://ico.org.uk/make-a-complaint. We would, however, appreciate the opportunity to talk to you about your concern before you approach the ICO.

  1. Retention period
     

Except as otherwise mentioned in this privacy notice, we keep your personal data only for as long as required by us:

  • to provide you with the services you have requested
     
  • to comply with other law, including for the period demanded by our tax authorities
     
  • to support a claim or defence in court
     

  1. Compliance with the law
     

Our privacy policy complies with the law in the United Kingdom, specifically with the Data Protection Act 2018 (the ‘Act’) accordingly incorporating the EU General Data Protection Regulation (‘GDPR’) and the Privacy and Electronic Communications Regulations (‘PECR’).

  1. Review of this privacy policy
     

We shall update this privacy notice from time to time as necessary.

Terms and Conditions

“We” : Boutique Balloon Studio

          (“The Stylist”)

“You”:

The customer who receives Styling Services and/or purchases Goods or hires the Equipment from us (and where there is more than one person, they shall be jointly and severally liable).

(“The Client”)

These are the Terms & Conditions subject to which we sell our Goods, allow you to hire our Equipment and provide our Styling Services.

* Please note our Coronavirus update to these terms and conditions in Appendix A, found at the foot of this document.

  1. Definitions

In this agreement:

“Charges”                        Means the purchase price, the hiring fee and includes all costs related in                                                    any way to this agreement.

“Styling Services”           Means our styling advice, your purchasing of any Goods, and our attendance to prepare, style your Event, to subsequently remove any Equipment we provide, which is provided by us following consultation and by agreement, and is based on your requested theme, style or specifications (“your Brief”).

“Deposit”                          Means a sum of money paid by you to us at the commencement of this agreement to secure the Styling Services and the Equipment for a specific date for your Event.

“Event”                             Means the event, wedding, party or function at which Styling Services will be provided.

“Equipment”                    Means any items we provide to dress and style your Event in accordance with your Brief and our Styling Services.

“Hire Period”                   Means the period of time in which you are entitled to possession of the Equipment.  This will usually be for 24 hours for the Event as identified in the Styling Services, unless agreed otherwise in writing.

“Goods”                            Means any balloons or other products that you buy from us to create your Brief.

“Quotation”                      Means a Price offer by us, based on your Brief, which you have accepted.  It includes the Charges for our Styling Services, the hire and delivery and set up of the Equipment, and the removal of the Equipment after the Event.

“Services”                        Means the hire of Equipment and any other Styling Services we provide to you under this contract.

“Site”                                Means the place where the Equipment is to be used by you and the location of the Event.

The Basic Contract

  • This is a hire agreement. We own the Equipment and hire it to you for the Hire Period, for a Charge.  You may not deal with the Equipment in any way which is contrary to our ownership of it.  If you do, you will be in breach of this agreement and will also be committing a criminal offence.
  • The Hire Period is for 24 hours. The Hire Period can be extended thereafter by agreement in writing.
  • The Quotation is an invitation to hire. Neither of us is bound to a legal agreement until you accept and sign this agreement.
  • The Styling Services are provided under a contract for goods and services. Unless set out in the Quotation, any additional Styling Services are charged at £50.00 per hour.
  • This agreement and the Quotation together contain the entire agreement between us and supersede all previous agreements and understandings between us. By signing, or instructing us to progress with the Services, you accept the Terms set out in the Quotation and the Terms of this agreement.
  • Risk in the Equipment passes immediately to you when the Equipment leaves our possession and is delivered to Site. That means you are responsible for taking care of it.  You remain responsible until the Equipment is safely back in our possession.  The Equipment we provide for the Hire Period is at your risk, and you are required to insure it for the Hire Period.

Delivery

  • We deliver the Goods and Equipment to Site and the charges for delivery are included in our Charges and shown within Invoice breakdown when required.

Charges and Deposit: Payment Procedure

  • All Charges are specified in the Quotation/Invoice.
  • All the payments may be made on invoice and in accordance with information below or otherwise as specified in the Quotation.
  • The Deposit of 50% of the Charges shall be paid upon entering this agreement. The balance of the Charges shall be paid 2 weeks before the Event.
  • Where there is less than 2 weeks between entering into this agreement and the Event, then 100% of the Charges shall be payable on entering this agreement. We MUST receive cleared funds at least 48 hours before the Event.
  • The Deposit is non-refundable unless you cancel the agreement in accordance with information/procedures below.
  • Payment of all Charges should be made to the account specified by Boutique Balloon Studio.

Cancellation Terms: Hired Equipment

Under England And Wales Consumer Laws, you have a right to cancel this hire agreement.  You may exercise the cancellation right under following conditions:

  • This contract comes into existence on the day you complete this agreement.
  • As required by the Regulations, details of our after-hiring service and guarantees, if any, are given along with these Terms and Conditions.
  • You may cancel this contract within 14 days of entering into it. That means we will not be able to hand over the possession of the Equipment for 14 days. UNLESS you have agreed to waive the right to cancel in writing with us. In the event of cancellation within this 14-day period, the Deposit that you have paid will be returned to you.
  • In the event of cancellation beyond the 14-day period set out below will apply.

Cancellation Terms: Services

  • The Services can be cancelled by either party in writing or by email subject to the matters set out in this clause.
  • If The Stylist cancels the Services, any Charges paid will be repaid to The Client within 14 days of cancellation, and no further refunds, sum or compensation will be payable to The Client by The Stylist arising from such cancellation.
  • If The Client seeks to cancel the Services more than 4 weeks before the Event, then the Deposit shall be forfeited. No further sums will be due from The Client to The Stylist.
  • If The Client seeks to cancel the Services less than 4 weeks before the Event, then the Deposit will be forfeited. Any expenses incurred as at the date of cancellation must also be paid by The Client, and those paid shall also be non-refundable.  In addition, a cancellation fee will be immediately due, which shall be 100% of the Charges, less any Deposit paid.

Equipment Not as Ordered

  • We shall use all reasonable endeavours to ensure that:
    • the Goods and the Equipment complies with its description on the Quotation; and
    • is of satisfactory quality and/or fit for purpose.
  • Immediately upon taking possession of any Equipment, you should examine it and satisfy yourself that it complies with the Quotation and has arrived in safe, clean and usable condition.
  • If you find any defect in the quality or quantity of the Equipment, or a failure to comply with the Quotation, you must immediately inform us of that defect.
  • If you claim that the Equipment was defective, you must return it to us in the exact same condition as you received it.
  • In returning defective Equipment, please state the fault and when it arose.

Breakdown and Repair

  • You must inform us immediately of any problem or defect with the Equipment.
  • We will, as soon as practicable, repair or replace Equipment showing a defect.
  • If we repair or replace Equipment, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect or problem.
  • If you have been negligent in your care or use of the Equipment, you will pay us for appropriate replacement Equipment of the same quality without deduction for depreciation or use.

Client’s Other Obligations

You agree that you will:

  • not permit any other person to use the Equipment outside the scope of the Services and/or the Event without our written consent.
  • not take the Equipment away from the Site without our consent.
  • use the Equipment with care, and to keep the Equipment safe.
  • return the Equipment to us in the condition in which we delivered it to you.
  • not attempt to repair the Equipment without our consent.

Loss or Damage Caused by Third Parties

  • You must inform us immediately if the Equipment is stolen or damaged by a third party.
  • You undertake to report the theft to us and to the Police, and after that to cooperate with us and with the Police so far as your help may be required.

Disclaimers and Limitation of Liability

  • Conditions, warranties or other terms implied by statute or common law in any country, are excluded from this agreement to the fullest extent permitted by law.
  • We are not liable to any person in any circumstances if at any time:
    • the Equipment has been damaged in any way whatever;
    • the Equipment has been repaired or serviced by someone not authorised by us to provide that service.
  • We shall not be liable to you for any loss or expense which is:
    • indirect or consequential loss; or
    • economic loss or other turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
  • Except in the case of death or personal injury, our total liability, arising in any way out of this agreement, shall not exceed the sum of £250,000.00. This applies whether your case is based on contract, tort or any other basis in law.

Termination

This agreement terminates on the first to happen of the following events:

  • at the expiry of a fixed Hire Period set out in the Quotation or in this agreement, or any extension of it;
  • if the payment of the Charges is not made in accordance with these Terms; or if The Client commits a material breach of any of these Terms and fails to remedy the breach within 14 days of being notified in writing; or The Client makes any statements or behaves in any way or requests The Stylist to undertake any actions that are discriminatory, illegal or immoral; or if The Client enters into any form of insolvency arrangement, or suspends their business.
  • Upon termination, The Client shall immediately pay any outstanding Charges to The Stylist.

Miscellaneous Matters

  • No amendment or variation to this agreement is valid unless in writing.
  • So far as any time, date, or period is mentioned in this agreement, time shall be of the essence, except we shall not be liable if delivery of the Equipment by us to the Site is delayed for reasons beyond our control.
  • The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.
  • The Charges will be paid after invoices rendered from time to time. Payment terms are on invoice, and payment is not deemed to have been made until the Charges have been paid in full. If payment is not made in full and within time, the Services may be suspended and payment in advance may be required before the Services are recommenced.
  • If payment is not made in accordance with the above clauses, The Stylist reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
  • Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services. Each party recognises and accepts its obligations with the regard to the control and processing of personal data under the current data protection legislation and regulations.  For more information on this, please see our Privacy Notice on Our Website.
  • The Client grants to The Stylist, consent to use any work including photographs created as part of the Services to show off their services and designs, together with the right to display images as part of their portfolio and to write about the Services on websites, and in their marketing materials. If The Client does not wish to grant this consent, they must confirm this in writing within 7 days of entering into this agreement.
  • Nothing in these Terms are intended to create a partnership or joint venture between The Stylist and The Client, and no party has the right to act as agent for the other or to bind the other party in any way.
  • Variations to the Services, may only be agreed in writing. Services outside the scope of the initial proposal will attract additional charges.  Any changes to the date of the Event will constitute a cancellation and Clause 6 shall apply.
  • Following the conclusion of the Services, The Stylist may wish to contact The Client to request testimonials, recommendations or feedback on the Services. By agreeing these Terms, The Client is consenting to that contact by The Stylist after the conclusion of the Services.
  • In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
  • Unless this agreement says otherwise, neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond their reasonable control, including any labour dispute between a party and its employees.
  • The validity, construction and performance of this agreement shall be governed by the laws of England and Wales.

APPENDIX A – CORONAVIRUS UPDATE

Whilst the pandemic affects social gatherings we have put the following additional terms in place to accommodate our clients’ needs.

Up until July 19th 2021, all orders for the delivery of a balloon display for an event that has to be rescheduled due to government legislation will be treated as below:

  • Orders cancelled with at least 7 days until the event will receive 50% of the deposit back by way of a refund.
  • If you need to reschedule your event, we will do our best to accommodate your new date and reschedule this free of charge; failing which, you will receive 50% of your deposit back, providing we have at least 7 days’ notice.
  • If you cancel your order within 7 days of your event, your deposit will be non-refundable.

These terms will be revised after July 2021 to allow for any changes to the government guidelines.

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