TERMS & CONDITIONS OF SALE
These terms and conditions apply to the sale of products by Tons of Fun Balloons listed on www.tofballoons.ie “our website”.
Please read these terms and conditions carefully and make sure that you understand them, before ordering products from our site. By ordering any of our products, you agree to be bound by these terms and conditions.
All prices listed on our website are subject to Value Added Tax at the standard rate as applicable.
All prices and quotations are subject to alteration without notice.
ACCEPTANCE OF ORDERS
All orders must be placed online through our website. All orders placed need to be over €30 net value (this does not apply to add-ons).
With over 6,000 line items in stock, there may be discrepancies in our stock listed from time to time. If a product you have ordered is not available, you will be notified by a member of the Tons of Fun Balloons team.
Payment for goods is due at the time of ordering and must be made via our website prior to Tons of Fun Balloons shipping the order. Credit and debit cards are accepted.
Credit customers will pay for goods within 30 days of the date of the relevant invoice unless otherwise specified by Tons of Fun Balloons from time to time at their sole discretion. In this case credit and debit cards or bank transfers are accepted. Payment shall be deemed not to have been made until cleared funds for the full amount have been received.
Cash payments cannot be accepted.
We endeavour to ship all orders received by 3pm on the same day. “Add-ons” to an order must also be received by 3pm on the same day as the original order.
Currently we offer customers several options for delivery. These may be subject to change. Any specified delivery dates are provided by 3rd party couriers or postal service. Tons of Fun Balloons will not be liable for loss and damage (including but not limited to loss of profit and consequential loss) arising out of failure to meet their specified delivery dates.
Please note that bulky items or heavy orders may incur additional delivery costs, you will be notified by a member of the team in such cases prior to your order being shipped.
If you discover any shortages or errors on orders received, please notify a member of the Tons of Fun Balloons team within 3 days of receipt of delivery.
The Customer shall not encourage, participate in or facilitate any infringement of any intellectual property rights including but not limited to patents, trademarks, design rights and copyrights which Tons of Fun Balloons may have in relation to the goods and shall not abstract any trademarks from the goods.
EXCLUSION OF LIABILITY
Tons of Fun Balloons shall not be liable for any consequential or indirect loss of any kind nor for any loss of profit.
Any notice required by this contract to be given in writing shall be sufficiently served upon either party if dispatched by prepaid post addressed to the last known place of business of such party.
Tons of Fun Balloons shall not be liable in any way for any loss or damage arising directly or indirectly as a result of delivery of the goods being prevented or delayed or any other of its obligations not being performed for reasons beyond our control or any acts of third parties. In these circumstances Tons of Fun Balloons expressly reserves the right to cancel or suspend the whole or any part of the order.
LAW AND JURISDICTION
These terms and conditions shall be governed and construed in accordance with Irish law and the parties shall submit to the non-exclusive jurisdiction of the Courts of Republic of Ireland.
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
WEBSITE TERMS & CONDITIONS
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.
(2) Intellectual property rights
Unless otherwise stated, we or our licensors own the intellectual property rights in our website and material on our website. Subject to the licence below, all our intellectual property rights are reserved.
(3) Licence to use website
You may view, download for caching purposes only, and print pages from our website, provided that:
(a) you must not republish material from our website (including republication on another website), or reproduce or store material from our website in any public or private electronic retrieval system;
(b) you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent;
(c) you must not edit or otherwise modify any material on our website.
(4) Limitations of liability
You acknowledge that it would be unreasonable to hold us liable in respect of our website and the information on our website. Whilst we endeavour to ensure that the information on our website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that our website remains available or that the material on our website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill). Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.
However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
(5) Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password.
We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us.
We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
(8) Entire agreement
(9) Law and jurisdiction
This notice will be governed by and construed in accordance with Irish law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of The Republic of Ireland.
The full name of our company is Tons of Fun Ltd and our address is Unit H1 Eastway Business Park, Ballysimon Road, Limerick V94 NP40.
You can contact us by email at: firstname.lastname@example.org
What information do we collect?
We collect information from you when you register on the website, place an order, respond to a survey or communication such as e-mail, or participate in another site feature.
How do we use your information?
We may use the information we collect from you when you register, purchase products, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
How do we protect visitor information?
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
Do we use “cookies”?
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your site experience more efficient and some of our services will not function properly.
Do we disclose the information we collect to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term “outside parties” does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
How can you opt-out, remove or modify information you have provided to us?
To modify your e-mail subscriptions, please let us know by modifying your preferences in the “My Account” section. Please note that due to email production schedules you may receive any emails already in production.
To delete all of your online account information from our database, sign into the “My Account” section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.
Third party links
In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).
Changes to our policy
Questions and feedback
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.
Online Policy Only
Terms and Conditions
Please also visit our Terms & Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.