Where these Terms and Conditions require, words stated in the plural herein shall be deemed to mean the singular and vice versa.
a. “Customer” means the person, company, organization or entity identified on the Invoice.
b. “Installation” means a completed Service intended for temporary decorative display purposes only.
c. “Product” means any finished product ordered by the Customer through an Invoice or through the Website, which may be delivered to the Customer by INFLATED DREAMS or picked up by the Customer at INFLATED DREAMS’ specified location.
d. “Rental Item” means any tangible item rented for a limited and specified time, which is and remains the sole property of INFLATED DREAMS, including, but not limited to, marquee letters/numbers/symbols (“Marquees”), stands, chairs, tables, backdrops, flower walls, props, florals or other decorative accents. Rental Items are intended for decorative display use only. For avoidance of doubt, INFLATED DREAMS does not offer any Rental Items for sale. Balloons are not considered Rental Items.
e. “Service” means any design or Installation service paid for by Customer, which may include, but not be limited to, Rental Items, balloons, Products or a combination thereof.
f. “Website” means INFLATED DREAMS’ website registered at www.inflated-dreams.com.
Customer understands in order to complete a Transaction with INFLATED DREAMS, certain information is required. Customer understands that by submitting its information, including but not limited to, name, phone number, email and physical address (“Personal Information”) it is confirming that it is 18 years of age or older and is consenting to receive emails and/or phone calls regarding the Transaction as well as future marketing communications. Customer understands it may unsubscribe at any time to marketing communications. INFLATED DREAMS collects Personal Information and other information about Customer through its Website, social media pages or directly from Customer. Personal Information is used only for Transactions, marketing communications or other reasonable business purposes. INFLATED DREAMS does not sell any Personal Information. Personal Information may be shared with third party service providers who perform services on INFLATED DREAMS’s behalf for a business purpose including service providers that provide marketing communications, email, invoicing, payment processing, the customer portal or other services deemed necessary by INFLATED DREAMS. INFLATED DREAMS stores Personal Information for as long as necessary for the Transaction, to comply with legal obligations, or for other reasonable business purposes as described herein. Customer has the right to request INFLATED DREAMS delete the Personal Information collected. INFLATED DREAMS will delete Customer’s Personal Information in response to a verifiable request unless needed to complete a Transaction for which the Personal Information was collected or to comply with a legal obligation.
- ACCEPTANCE OF TERMS/ENTIRE AGREEMENT
By making a Payment of an Invoice (full or partial), accepting delivery of a Rental Item, Product or Accepting a Service, Customer is confirming that it is 18 years of age or older and agrees to these binding Terms and Conditions and acknowledges receipt thereof. These Terms and Conditions are valid for all Transactions by Customer and supersede all prior agreements. These Terms and Conditions may be updated from time to time. The version effective at the time of final Payment shall apply.
An Invoice (which includes automatically generated invoices or online order numbers from Website orders) will be provided to Customer for all Transactions. Invoices will reasonably describe the Rental Items, Products and/or Services, the agreed upon fees of such, including but not limited to any applicable Delivery/Installation and Pickup/Teardown fees and the Delivery/Installation and Pickup/Teardown location, date and time (all together the “Transaction”). Customer is required to review the Invoice and Transaction details carefully. Any discrepancies or concerns with the Invoice or Transaction must be identified immediately. By making Payment, you agree to the accuracy of the Invoice and Transaction as presented.
- BOOKING FEE
All Transactions are subject to, at a minimum, a non-refundable 50% Booking Fee, which will be applied to the Invoice total. Booking Fees ensure the date and availability as described in the Invoice for any Rental Item(s), Product(s) and/or Service(s) for Customer.
Payment in full is required and shall be made in accordance with the Invoice payment instructions. Invoices are considered void if the amount due as specified on the Invoice is not paid within 2 days of the Invoice date, or as otherwise agreed upon in writing. Payments not made in accordance with the Invoice instructions are subject to additional fees, or if Payment is not made by the due dates therein, the Invoice and Transaction are subject to Cancellation.
- PAYMENT METHODS
Payment of Invoices is preferred in cash through Venmo or other approved third-party cash payment facilitators as agreed to by INFLATED DREAMS. Customer is responsible for any fees incurred by INFLATED DREAMS by use of Venmo or other cash payments facilitators. In such case, a minimum of 5% will be added to the Invoice as a Convenience Fee. Customers have the option to pay via a credit card if requested. Credit card payments will incur a 5% Convenience Fee to cover the additional costs incurred to process the transaction. The Convenience Fee will be added to the Invoice. Any Convenience Fees paid will not be Refunded in the instance where a Refund is due to the Customer. INFLATED DREAMS still incurs processing fees from payment partners in instances of Refunds of Payments. Payment by personal or business check is permissible upon agreement in advance by INFLATED DREAMS.
Delivery/Installation will occur at the location and on the date specified on the Invoice, or as otherwise agreed in writing. Customer shall ensure access to the Delivery/Installation location at the date and time agreed upon. INFLATED DREAMS is not responsible for any delays in Delivery/Installation due to Customer not ensuring the necessary access to the location. If Customer delays Delivery/Installation for more than 30 minutes, or as otherwise deemed reasonable at INFLATED DREAMS’s sole discretion, for any reason, INFLATED DREAMS reserves the right to leave the location without liability to Customer. In such case, INFLATED DREAMS will work with Customer to establish a new date and time for Delivery/Installation. Any Reschedules resulting from a Customer delay herein are subject to a minimum $50 Reschedule Fee or other higher amount as determined at INFLATED DREAMS’s sole discretion, and will be presented to Customer in an updated Invoice to be paid prior to the new Delivery/Installation date and time. Should the parties be unable to establish a new date and time, the Transaction will be deemed a Customer Cancellation.
Only Transactions which include Rental Items require Pickup/Teardown by INFLATED DREAMS. For Transactions where no Pickup/Teardown is required, Customer is responsible for proper removal and disposal of balloons or other items as necessary. For Transactions where Pickup/Teardown is required, Customer shall ensure access to the Rental Items for Pickup/Teardown at the location, date and time agreed upon. Additional fees may apply if Pickup/Teardown is delayed for any reason by Customer. If balloons were used in the Transaction, Customer has the option to keep the balloons used, provided that if they are attached to any Rental Items, INFLATED DREAMS will remove the balloons from such Rental Items. Customer shall not remove balloons from any Rental Items. If Customer chooses not to keep the balloons, INFLATED DREAMS will keep or dispose of such balloons at its sole option.
- CUSTOMER PICKUP
Transactions for certain Products require Customer to pickup the finished Product when ready at the agreed upon date and time (“Pickup Window”) and location. In such cases, INFLATED DREAMS will have the Product ready in accordance with the Transaction terms. Customer is responsible for picking up the Product in accordance with the Transaction terms. INFLATED DREAMS is not responsible for Customer delays in picking up Products. If Customer fails to pickup the Product during the Pickup Window, the Transaction will be considered Cancelled by Customer unless Customer provides notice of delay prior to the Pickup Window expiring. Upon proper notice by Customer herein, INFLATED DREAMS will hold the Products for no more than 24 hours unless otherwise agreed, after which the Transaction will be deemed Cancelled by Customer. No Refunds are provided for Customer failing to pickup Products. Delivery of Products is deemed to occur when Customer takes possession of the Products. Customer is responsible for safe and proper transport of any Products after taking delivery.
- EXCUSABLE DELAY
INFLATED DREAMS shall not be in default nor liable to Customer for any delay or failure to comply with the Transaction if such delay or failure is due to causes beyond its reasonable control. INFLATED DREAMS shall notify Customer in writing, as soon as practical after discovery of the circumstances attributable to such delay or failure. Excusable Delay events include, but are not limited to: a strike or labor dispute, war or act of war (whether or not an actual declaration thereof is made), insurrection, riot or civil commotion, act of public enemy, fire, flood, or other act of God, any act of government authority (local, state or federal), epidemics, quarantine restrictions, any delays of common carriers, or unforeseen or unavoidable traffic conditions. In the event of any delay caused by such circumstances, the date and time of Delivery/Installation shall be deferred for a period no less than the time of loss by reason of the Excusable Delay. If the Excusable Delay circumstances extend for a period which is unreasonable for the Transaction, the parties agree the Transaction will be considered Cancelled and a Refund (less any Convenience Fees) provided to Customer.
- HOLDING DEPOSIT
INFLATED DREAMS may, at its sole discretion, allow Customer to reserve a specific Installation date in advance prior to any Transaction details being finalized. In exchange to hold such date, Customer will be required to pay an amount determined by INFLATED DREAMS as a Holding Deposit. The Holding Deposit will be applied to the final Invoice. Holding Deposits are non-refundable; however, if Customer requires the reserved date to be changed and INFLATED DREAMS cannot accommodate the requested Change, any Holding Deposit paid by Customer will remain on Customer’s account for future use within 90 days from the original reserved date, after which such amounts will expire to the benefit of INFLATED DREAMS.
- SECURITY DEPOSIT
INFLATED DREAMS may, at its sole discretion, require a Security Deposit for any Rental Item in the Transaction as provided in the Invoice. The Security Deposit will vary based on the value of the Rental Items in the Transaction. The Security Deposit will be fully refundable upon Pickup/Teardown of the Rental Item in good condition and in accordance with the Pickup/Teardown dates listed on the Invoice. INFLATED DREAMS will deduct any additional fees due to INFLATED DREAMS from the Security Deposit.
ALL PAYMENTS ARE FINAL. No Refunds will be provided for Customer Cancellations or Reschedules. Notwithstanding the foregoing, INFLATED DREAMS may, at its sole discretion, allow a Refund for a Customer Cancellation of a Website order, if requested within 24 hours of order placement. If Customer needs to Reschedule, please notify INFLATED DREAMS as soon as possible to provide the best opportunity to accommodate such Reschedule. If unable to accommodate such Reschedule, the Transaction will be considered Cancelled if Customer cannot adhere to the original Transaction. Any amounts paid by Customer prior to the Customer Cancellation will remain as a credit on Customer’s account for future use within 90 days from the date of such Customer Cancellation, after which such amounts will expire to the benefit of INFLATED DREAMS. Any Changes to the Transaction for the Rescheduled event will be subject to additional fees. INFLATED DREAMS reserves the right to Cancel the Transaction at any time and for any reason without prior notice and without any liability to Customer. In cases where INFLATED DREAMS Cancels, except where Cancellation is a result of Customer’s non-payment of an Invoice, INFLATED DREAMS shall Refund all amounts paid by Customer (less any Convenience Fees). Any Refunds due to Customer will be sent within 10 days.
Changes to the Transaction requested by the Customer, if they can be accommodated, are subject to additional fees and/or delays to Delivery/Installation. No Changes are allowed less than 3 weeks from the date of Delivery/Installation as provided on the Invoice. If Changes can be accommodated, an updated Invoice will be provided detailing the changed Transaction details as well as any additional fees required. If Changes cannot be accommodated and Customer is unwilling or unable to adhere to the original Transaction, the Transaction will be considered Cancelled by the Customer and handled in accordance with the Customer Cancellation policy herein.
Responsibility for Rental Items remains with the Customer from the time of Delivery/Installation to the time of Pickup/Teardown. Customer shall ensure Rental Items are secured and protected from loss, damage, misuse or abuse. The Customer is fully responsible for loss or damage of Rental Items while in its possession and will pay for the cost of repair or replacement, at INFLATED DREAMS sole discretion and option. This cost will be assessed within 5 days of Pickup/Teardown and presented in a separate Invoice payable immediately. INFLATED DREAMS reserves the right to deduct any amounts due for loss or damage from the Security Deposit as applicable and/or charge Customer’s payment method on record without prior approval. Customer acknowledges that the cost of replacement of Rental Items will vary depending on the current market value of the same or substantially similar Items.
Customer shall promptly inspect the Rental Items, Products or Services upon Delivery/Installation or Customer Pickup and shall notify INFLATED DREAMS prior to INFLATED DREAMS leaving the Delivery/Installation location, or Customer leaving the Customer Pickup location, if any damage is suspected or if the Service is unsatisfactory. Upon satisfactory Inspection by Customer, the Rental Items, Products or Services provided are deemed Accepted by Customer and become the responsibility of Customer for their proper use and care until Pickup/Teardown as applicable.
- BALLOON CARE
Balloons are delicate, please handle with care. To keep balloons looking good for as long as possible and to maximize the life of balloons:
a. Keep balloons away from sharp edges or next to windows, doors, bushes, etc. where the breeze can blow them towards sharp edges.
b. Avoid touching balloons and keep children and pets away.
c. Keep balloons away from direct sunlight (e.g. outside, in front of windows, in vehicles, etc.).
d. Balloons expand in the heat and contract in the cold. This expansion and contraction can cause a decline in balloon life expectancy, especially in mylar/foil balloons, increasing the likelihood they deflate or burst sooner than desired.
i. Keep balloons away from warm places (e.g., next to HVAC vents, radiators, fireplaces, inside vehicles, etc.)
ii. Avoid very low temperatures (e.g. storing in the garage, outside, or in vehicles, etc.).
INFLATED DREAMS does not use helium in balloons. Balloons used in Products and Services, including but not limited to, garlands, arches, towers, balloon walls, number stacks, etc. are inflated with air. These balloons do not float and can last several days or weeks in the right conditions. Nevertheless, the oxidization process will start to become visible soon after installation even in perfect conditions. Due to being exposed to heat, humidity and light, balloons will obtain a cloudy, velvety appearance. This is natural and unavoidable and outside of INFLATED DREAMS’s control. Outdoor Installations have increased exposure to the elements that cause the oxidization process; therefore, accelerating the oxidation process and greatly reducing the appearance and life expectancy of the balloons.
- BALLOON DISCLAIMER
INFLATED DREAMS uses latex and mylar/foil balloons in its Products and Service(s). Any latex allergies MUST be declared before making any Payments. No Refunds will be provided for Payments made by Customer if Customer needs to Cancel the Transaction due to a latex allergy. Balloons, Products and Installations are, by nature, temporary items. There is no guarantee or commitment for the life span of the balloons used for Products or Services. Balloons will occasionally deflate or pop sooner than desired. Balloons, Products using balloons, and balloon Installations will be adversely affected by the wind, rain, sunlight, rough handling and/or other uncontrollable factors. BALLOONS, PRODUCTS USING BALLOONS AND BALLOON INSTALLATIONS ARE A HAZARD TO CHILDREN AND PETS. DO NOT LEAVE CHILDREN OR PETS UNSUPERVISED AROUND ANY BALLOONS, PRODUCTS USING BALLOONS OR BALLOON INSTALLATIONS.
- MARQUEES DISCLAIMER
Marquees shall remain where installed by INFLATED DREAMS until removed by INFLATED DREAMS. Marquees shall not be installed nor moved by the Customer unless for an emergency situation or to avoid damage or injury. In any case, if the Marquees need to be moved by the Customer, the Customer shall inform INFLATED DREAMS immediately and provide the reason they need to be moved. Customer is fully responsible for any damage or liability resulting from the Customer moving the Marquees. Marquees shall be installed indoors, or if outdoors, under cover adequate to protect Marquees from rain or other adverse weather. Marquees are not waterproof and shall not be subjected to excess water, directly or indirectly. Marquees use electricity, which is provided by the Customer. Customer understands there is an inherent risk of electric shock. Marquees are subject to falling if misused (accidental or intentional), abused, moved, bumped or if the provided stand, sandbags and/or ground stakes are removed or tampered with. DO NOT LEAVE CHILDREN OR PETS UNSUPERVISED AROUND MARQUEES.
- WARRANTY DISCLAIMER
All Rental Items, Products and Services are provided as-is. There is no warranty, express or implied, that the Rental Items, Products or Services are merchantable, fit for a particular purpose or free from defects in material and workmanship. If balloons are used in the Products or Services, there is no guarantee or warranty for the life span of the balloons. TO THE FULL EXTENT PERMITTED BY LAW, INFLATED DREAMS EXCLUDES AND DISCLAIMS WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- INSTALLATION DAMAGE DISCLAIMER
INFLATED DREAMS uses reasonable care to limit any damage to Customer’s property during Delivery/Installation. Some Services require the use of temporary hooks or fasteners. In such case, Customer will be advised of the necessity of such and by proceeding with the Transaction, Customer understands and assumes all risk of damage to Customer’s property by use of any temporary hooks or fasteners. INFLATED DREAMS is not responsible for damage caused by the use or misuse (accidental or intentional) of the Rental Items, Products, Services or Installations by Customer and/or any third party.
- INDEMNITY/LIMITATION OF LIABILITY
ALL RENTAL ITEMS, PRODUCTS AND INSTALLATIONS ARE FOR DISPLAY USE ONLY. USE IN ANY OTHER MANNER IS PROHIBITED. CUSTOMER ASSUMES FULL RESPONSIBILITY AND LIABILITY FOR THE USE OR MISUSE (ACCIDENTAL OR INTENTIONAL) OF RENTAL ITEMS, PRODUCTS, SERVICES AND INSTALLATIONS. Rental Items, Products and/or Installations, including balloons, MUST be used with adult supervision at all times. Customer agrees to indemnify and hold INFLATED DREAMS harmless for any property damage and/or personal injury or death caused by the use or misuse (accidental or intentional) of the Rental Items, Products, Services or Installations by Customer and/or any third party. Customer assumes all liability and risk of property damage and/or personal injury or death from the use or misuse (accidental or intentional) of, or any incident involving INFLATED DREAMS’ Rental Items, Products, Services or Installations while in Customer’s possession. Customer shall make INFLATED DREAMS aware by written statement of details of occurrence of any incident within 24 hours of occurrence. INFLATED DREAMS’ maximum liability for any and all claims directly caused by the performance of its obligations under any Transaction shall not exceed the amounts paid by Customer (less any Convenience Fees) for the Transaction giving rise to the claim. Under no circumstances shall INFLATED DREAMS be liable to Customer or any third party for any indirect, punitive, incidental, special or consequential damages arising out of or connected with this Transaction, even if INFLATED DREAMS has been advised of the possibility of such damages.
v.10 effective 4.6.23