TERMS & CONDITIONS
The Newya LLC /amysballoon.com Website ("Site") functions as an online store where you can acquire party decor items and services, including balloons, party accessories, rental items, and event setups offered by Newya LLC/amysballoon.com ("Newya LLC"). Your access to and use of the Site are contingent upon your adherence to the stipulated Terms and Conditions outlined below.
It's important to note that nothing within this Site establishes any warranty or obligation on the part of Newya LLC. Newya LLC/amysballoon.com retains the right to decline any order, even subsequent to its placement.
Before utilizing this Site and finalizing your order, carefully read the subsequent details. By accessing this Site and completing your order, you affirm your agreement to abide by these specified Terms and Conditions. Should you disagree with any aspect of these Terms and Conditions, refrain from using the Site or placing an order. Newya LLC maintains the prerogative to modify, amend, or update these Terms and Conditions at any time, without prior notice. In instances where alterations are deemed significant, a notification will be displayed on the website for a reasonable duration.
DICLAIMER OF WARRANTIES
The content of this site, the merchandise, and all associated materials are provided "as is" without any form of warranty, whether expressed or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a specific purpose, or non-infringement. These warranties are expressly excluded to the fullest extent permitted by applicable law.
This site features content contributed by third parties, which may include materials from other users, bloggers, and third-party licensors, as well as syndicators, aggregators, and reporting services. Any opinions or statements expressed in these materials, along with articles and responses to questions and other content, excluding content originating from Newya LLC/amysballoon.com, are solely the responsibility of the individual or entity providing them. These materials do not necessarily reflect the stance of Newya LLC/amysballoon.com. Newya LLC/amysballoon.com does not guarantee the accuracy, completeness, or utility of this information. We are not liable or responsible to you or any third party for the accuracy or content of materials supplied by third parties.
LIMITATION OF LIABILITY
- Accurate Representation: We strive to accurately represent our services and products on our website and in our communications. However, we do not guarantee that the information is error-free or completely up-to-date. We are not liable for any discrepancies or inaccuracies.
- Service Limitations: While we make every effort to meet your expectations, variations in balloon colors, designs, and arrangements may occur due to factors beyond our control. We cannot be held liable for slight deviations from the depicted images.
- Environmental Factors: Please note that the longevity of balloons, both indoors and outdoors, is influenced by various environmental factors. We cannot guarantee a specific floating time for balloons due to changing conditions such as temperature, humidity, and wind.
- Delivery Times: We commit to delivering your balloon decorations in a timely manner. However, we cannot be held liable for delays caused by unforeseen circumstances such as traffic, weather conditions, or other factors beyond our control.
- Client Input: We highly value your input and preferences. While we strive to execute your vision to the best of our abilities, we cannot be held responsible for results that differ from your expectations if the provided instructions or preferences were unclear or not feasible.
- Allergic Reactions: Our balloons are made of latex and other materials. Although we take precautions to ensure cleanliness, we cannot guarantee that balloons are completely allergen-free. It's your responsibility to inform us of any allergies or sensitivities.
- Non-Liability for Damages: We take utmost care while setting up balloon decorations at your venue. However, we are not liable for any damages to the venue, property, or belongings during the setup, event, or takedown process.
- Limited Remedies: In case of dissatisfaction with our services or products, our liability is limited to the amount paid for the specific service or product. We are not liable for any indirect, consequential, or incidental damages.
- Unforeseen Circumstances: If circumstances beyond our control hinder the execution of our services, we will not be held responsible for any resulting inconveniences or damages.
By engaging with our balloon decorator business, you acknowledge and agree to these limitations of liability. Please review and understand these terms before proceeding with our services. If you have any questions or concerns, feel free to contact us for clarification.
Inhaling helium from a balloon is strongly discouraged. Although helium itself isn't toxic or flammable, inhaling it can lead to asphyxiation, resulting in unconsciousness due to lack of oxygen. Newya LLC/ amysballoon.com does not endorse the release of latex or mylar (foil) balloons into the air, as mylar balloons entangled in electric lines could cause power disruptions.
For children under 8 years old, there is a risk of choking or suffocation with un-inflated or broken balloons. Adult supervision is necessary, and any broken balloons should be promptly discarded. It's worth noting that Newya LLC/ amysballoon.com balloons or balloon arrangements may involve natural latex rubber, which has the potential to trigger allergic reactions.
Outdoor orders are subject to variables beyond our control and, as such, are neither guaranteed nor eligible for refunds. Weather conditions can significantly impact the stability of the set-up and the condition of the products. Factors such as cold or warm weather, wind, humidity, rain, sleet, snow, and direct sunlight can potentially affect both the products and the mechanics of the installation.
PRODUCTS AND PRICING
All products featured on Newya LLC/amysballoon.com, including their descriptions and pricing, are subject to change at our discretion, without prior notice. Newya LLC/amysballoon.com retains the right to modify, suspend, or discontinue the sale of any product without notice, at any time. Newya LLC/amysballoon.com holds no liability towards you or any third party for such changes, suspensions, or discontinuations of products.
In instances where a product is listed with an incorrect price or contains erroneous information due to typographical errors or inaccuracies in pricing or product details received from our suppliers, Newya LLC/amysballoon.com reserves the right to refuse or cancel an order, regardless of its payment status. If an order is canceled, a refund will be promptly issued to your chosen payment method, and you will receive notification.
For the security of both Newya LLC/amysballoon.com and its clients, we employ a third-party application for fraud protection purposes. It is important to note that Newya LLC/amysballoon.com is not responsible or liable for any declined orders resulting from this process.
BALLOON BOUQUETS, COLUMNS AND ARCHES:
Given the inherent characteristics of balloons and their susceptibility to minor movements, it's important to note that Newya LLC/amysballoon.com cannot assure an exact resemblance between the balloon bouquet and the online image displayed during the ordering process.
For optimal results, we recommend utilizing balloon bouquets on the event day itself. However, it's important to understand that the longevity of balloon bouquets may not extend beyond the delivery day, and they are not guaranteed to remain afloat beyond that time.
When employing balloon columns and arches outdoors, the process of shrinkage is prone to be more accelerated due to environmental conditions. Newya LLC/amysballoon.com cannot take responsibility for the shrinkage that may occur when these structures are used outdoors.
Please be aware that the removal of columns and arches is not included in the service and is available at an additional cost.
Ceiling balloons are sensitive to their surroundings and are best suited for flat, dry-wall surfaces on ceilings. It's important to note that they are not suitable for popcorn ceilings, raw wood, or brick surfaces. It's important to understand that Newya LLC/amysballoon.com cannot be held responsible for any balloons that might pop when used on ceilings.
For optimal results, Newya LLC/amysballoon.com recommends the delivery of ceiling balloons on the event day itself. We do not assume responsibility for deflated balloons or popping when ceiling balloons are utilized on the day following the event.
Each ceiling balloon includes a ribbon length approximately 5.5ft. Unless the client has selected the setup option at an additional cost.
BALLOON FINISH GLOSSY/ MATTE
Upon initial inflation, latex balloons will exhibit a glossy surface. Some designs may also appear translucent. It's important to understand that this appearance can be temporary, and over time, the balloons may transition to a matte or opaque finish. These alterations arise due to oxidation, and this transformation in appearance is consistent across all balloons.
PERSONALIZED VINYL BALLOONS
We recommend using vinyl message balloons on the event day. It's important to note that vinyl messages are sensitive to temperature, and their longevity is not guaranteed to extend beyond 24 hours following delivery.
For balloon orders that involve personalization, the purchaser assumes full responsibility for providing the accurate personalized message or logo, if applicable. Failure to provide the necessary details will lead to the fulfillment of the order without the logo or personalization, and charges will apply as per the item's cost. In cases of errors in the personalized message or logo, Newya LLC/amysballoon.com cannot be held responsible. If adjustments are required for the message or logo, Newya LLC/amysballoon.com will accommodate the request based on availability. It's important to note that no refunds will be issued for personalized balloons.
If the specific product of a particular design is not available, Newya LLC/amysballoon.com reserves the right to substitute it with an alternative color. This applies to balloons, weights, ribbon, and tassel colors. It's important to note that if substitutions are necessary, the overall color scheme, shape, and design will still be maintained.
SETUP / TEAR DOWN
The successful execution of installations and set ups necessitates access to the designated space through an on-site contact. If required, Newya LLC/amysballoon.com may reach out to the purchaser for access arrangements. If access cannot be granted to Newya LLC/amysballoon.com, we bear no responsibility or liability, and no refunds will be issued for incomplete installations or set ups. Additional charges may apply for a subsequent installation or set up.
It is solely the purchaser's responsibility to secure approval and consent from the relevant establishment, such as a hotel, venue, restaurant, or space, where an installation or set up is intended. The purchaser is also solely responsible for conveying any rules or restrictions imposed by the establishment regarding the installation or set up. Under no circumstances is Newya LLC/amysballoon.com accountable for securing permission or providing information on venue limitations or restrictions concerning installations or set ups.
In the event that an order is placed and the installation or set up is disallowed on the event day, Newya LLC/amysballoon.com assumes no responsibility or liability, and no refunds will be issued. If the client/purchaser is absent during the installation or set up, Newya LLC/amysballoon.com will not be held responsible for products described as defective. It is recommended that either the purchaser or an appointed representative be present on-site during the set up. In the absence of the purchaser or a representative, Newya LLC/amysballoon.com may contact the purchaser for guidance or feedback. In all scenarios, Newya LLC/amysballoon.com will use its professional judgment for optimal placement, and no responsibility, liability, or refunds will follow the completion of work.
Any alterations or modifications to an agreed-upon set up subsequent to order placement will not result in responsibility, liability, or refunds from Newya LLC/amysballoon.com. Any damages incurred to walls or surfaces used for installations or set ups are not the responsibility of Newya LLC/amysballoon.com.
By engaging our services, you consent to the use/application of 3M Command products, fishline, ribbons, two-sided adhesive tape, and other necessary products for installation/setup. In the event of a strike, Newya LLC/amysballoon.com retains the right to remove and discard items at its sole discretion. You acknowledge and assume any associated risks, including damages or accidents, and release Newya LLC/amysballoon.com from any claims of loss or damage arising from the installation/setup or strike.
Installations exceeding a height of 10ft will not be conducted by Newya LLC/amysballoon.com. We reserve the right to decline a set up if it surpasses the maximum height, in which case refunds will not be provided.
If a customer does not order the tear-down service, no dismantling will take place. In such cases, Newya LLC/amysballoon.com assumes no responsibility, liability, or obligation for any outcomes, damages to surfaces, materials, or personal incidents that might arise during the client's self-conducted takedown process.