Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the Balloontern website (the “Site”), and your purchase of any products from Balloontern. By using our Site or purchasing products from us, you agree to be bound by these Terms, as well as our Privacy Policy and any other policies referenced herein. If you do not agree with any of these terms or policies, you should not use our website or services. Balloontern reserves the right to update or modify these Terms at any time, and such changes will be effective upon posting to our Site. It is your responsibility to review the Terms periodically for updates. Your continued use of the Site after any modifications constitutes acceptance of the revised Terms.
1. Use of the Site: You must use the Balloontern website only for lawful purposes and in accordance with these Terms. You agree not to misuse the Site or its contents. This includes refraining from: (a) engaging in any fraudulent or illegal activities; (b) attempting to gain unauthorized access to the Site or another user’s account; (c) introducing any harmful code like viruses or malware; or (d) disrupting or interfering with the Site’s normal operation. We reserve the right to terminate or restrict your access to the Site if you violate these Terms or any applicable laws.
2. Account Creation:** *(If the site allows user accounts)* You may have the option to create an account for easier checkout or order tracking. If you register an account, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Ensure that the information you provide is accurate and up-to-date. You must notify us immediately of any unauthorized use of your account. Balloontern is not liable for any loss or damage arising from your failure to safeguard your account information.
3. Product Information and Orders:** We strive to ensure that all product descriptions, images, and pricing on our Site are accurate and up to date. However, mistakes can occur. Balloontern reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice (including after you have submitted an order). If we discover a pricing or availability error that affects your order, we will contact you with the correct information and you may choose to proceed with or cancel the order. All products on our Site are subject to availability, and we may limit quantities or refuse any order at our discretion. In the event we need to cancel an order (for example, if a product is out of stock or if we suspect fraudulent activity), we will notify you and provide a refund for any amounts charged.
4. Pricing and Payment:** All prices on our website are listed in U.S. dollars (unless otherwise noted). You are responsible for any currency conversion fees or international transaction fees charged by your bank if you are purchasing from outside the United States. Payment is due at the time of order. We accept major credit cards and other payment methods as indicated at checkout. All payments are processed securely via our third-party payment processors. Balloontern does not store full credit card numbers or sensitive payment details on our servers. By submitting your payment information, you represent and warrant that you have the legal right to use the payment method provided. We reserve the right to refuse or cancel a transaction if we believe payment or order information is unauthorized, fraudulent, or violates any law or these Terms.
5. Shipping & Delivery:** Order shipment is subject to our Shipping Policy (see the “Shipping Policy” section above, which is incorporated into these Terms by reference). Title and risk of loss for products pass to the customer upon delivery of the shipment to the carrier. You are responsible for any import duties or taxes as described in our Shipping Policy. Delivery dates provided are estimates and not guaranteed. Balloontern is not liable for delivery delays outside our reasonable control, such as those caused by carriers or customs processing.
6. Returns & Refunds:** We want you to be satisfied with your purchase. Our Return Policy (see the “Return Policy” section above) outlines the process and conditions for returns, exchanges, and refunds. By making a purchase, you acknowledge that you have read and understood our Return Policy. Items returned in accordance with our policy will be refunded to the original payment method. Shipping fees may not be refundable except in cases of our error. If you have questions about whether your item is eligible for return, please contact us.
7. Wholesale Inquiries:** While Balloontern’s primary business is direct-to-consumer retail, we welcome inquiries for wholesale or bulk purchases. Such transactions may be subject to separate terms and conditions, which will be provided during the wholesale inquiry process. Filling out our contact form or otherwise contacting us about wholesale opportunities does not guarantee approval. We reserve the right to vet and approve wholesale partnerships at our discretion.
8. Third-Party Links:** Our Site may include links to third-party websites or services for additional information (for example, a blog post referencing an external site, or social media links). These third-party sites are not under the control of Balloontern, and we are not responsible for the content, policies, or practices of any linked third-party website. The inclusion of any link does not imply endorsement by Balloontern. If you choose to visit or transact business on any third-party site, you do so at your own risk and should review their terms and privacy policies.
9. Disclaimer of Warranties: Balloontern provides the website and its contents on an “as is” and “as available” basis. To the fullest extent permitted by law, Balloontern disclaims all warranties of any kind, whether express or implied, regarding the operation of the Site or the information, content, products, or materials included on the Site. We do not guarantee that the Site will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. While we endeavor to keep information up to date, we make no warranty that product descriptions or other content are accurate, complete, or current. You agree that your use of the Site is at your sole risk. This disclaimer does not affect any product warranty that may be provided by the manufacturer of an item (if applicable) or any rights you have under applicable law.
10. Limitation of Liability:** To the maximum extent permitted by applicable law, in no event shall Balloontern or its owners, officers, employees, affiliates, agents, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or purchase of products, even if advised of the possibility of such damages. This limitation of liability applies to any damages or losses, including but not limited to those resulting from: (a) use of or inability to use our Site; (b) errors, mistakes, or inaccuracies in the content of the Site; (c) unauthorized access to or use of our servers and/or any personal information stored therein; (d) interruption or cessation of transmission to or from the Site; (e) bugs, viruses, trojan horses, or other harmful code that may be transmitted through the Site by any third party; or (f) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, or otherwise made available on the Site. In all cases, Balloontern’s total aggregate liability shall not exceed the amount you have paid to us for the product or service that is the subject of the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages; if those laws apply to you, some of the above exclusions or limitations may not apply to you to the extent disallowed.
11. Indemnification:** You agree to indemnify, defend, and hold harmless Balloontern and its officers, directors, employees, affiliates, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Site, your violation of these Terms, or your violation of any law or the rights of any third party.
12. Governing Law and Dispute Resolution:** These Terms and any disputes arising out of your use of the Site or purchase of products shall be governed by the laws of the United States and the state of Texas, without regard to its conflict of law provisions. By using our Site, you agree that any legal action or proceeding between you and Balloontern shall be brought exclusively in the federal or state courts located in Dallas County, Texas, and you consent to the exercise of personal jurisdiction by and venue in such courts. If you reside outside of the United States, you agree that you will initiate any dispute in the courts of the United States. Notwithstanding the foregoing, Balloontern may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or stop infringement of intellectual property rights or other significant breaches of these Terms.
13. Severability:** If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The remaining provisions of the Terms will remain in full force and effect.
14. Waiver:** No waiver by Balloontern of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
15. Entire Agreement:** These Terms, together with our Privacy Policy and any other policies or guidelines posted on the Site, constitute the entire agreement between you and Balloontern relating to your use of the website and purchase of products, and supersede any prior agreements or understandings, whether written or oral, relating to the same subject matter. No oral statements or representations will modify these written Terms.
16. Termination:** Balloontern reserves the right to terminate or suspend your access to the Site and our services at any time, for any reason (including for any violation of these Terms or engaging in fraudulent or unlawful activities), without notice. In the event of termination, your obligations under these Terms and any disclaimers, limitations of liability, or indemnities shall survive.
17. Contact Information: If you have any questions or concerns about these Terms of Service, or if you need to contact us for any reason relating to your use of the Site, you may reach us using the contact information provided in the "Contact Us" section above.
Thank you for choosing Balloontern for your decorative solar-powered needs. We appreciate your trust in our company and are committed to providing you with both great products and a secure, fair online shopping experience.
Last Updated: June 9, 2025