Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.dazzle.uk.com. The collective work includes works that are licensed to www.dazzle.uk.com. Copyright 2003, www.dazzle.uk.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.dazzle.uk.com or purchasing www.dazzle.uk.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.dazzle.uk.com or to purchase www.dazzle.uk.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.dazzle.uk.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of www.dazzle.uk.com used in the site are trademarks or registered trademarks of www.dazzle.uk.com
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.dazzle.uk.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.dazzle.uk.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.dazzle.uk.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
www.dazzle.uk.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.dazzle.uk.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a www.dazzle.uk.com product is mistakenly listed at an incorrect price, www.dazzle.uk.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.dazzle.uk.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.dazzle.uk.com shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.dazzle.uk.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
www.dazzle.uk.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.dazzle.uk.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.dazzle.uk.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.dazzle.uk.com products) must be commenced within one (1) year after the claim or cause of action arises. www.dazzle.uk.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.dazzle.uk.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.dazzle.uk.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
www.dazzle.uk.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.dazzle.uk.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.dazzle.uk.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.dazzle.uk.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless www.dazzle.uk.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, www.dazzle.uk.com may link to sites operated by third parties. However, even if the third party is affiliated with www.dazzle.uk.com, www.dazzle.uk.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.dazzle.uk.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.dazzle.uk.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Helpful Information about your Balloon Gift
The average flying time for a helium filled foil balloon is 4-6 days, and in many cases longer, customers should note that Royal Mail may store parcels in cold temperatures causing helium to deflate, however when placed back into a warm environment the helium rapidly expands again.
Safety
Small Parts contained in the box may be harmful to small children. The ribbon and any additional content may also be harmful to small children if left unsupervised. Dazzle cannot be held responsible for any injuries/accidents caused by the products purchased.
Returns/Refund Policy
Nothing contained within these terms affects your statutory rights as a consumer.
All orders sent by 1st Class Delivery are not under a guaranteed delivery assignment. Therefore you must notify Dazzle within 5 working days from the date your order was shipped if your balloon has not been received.
Dazzle cannot be held responsible for incorrect information supplied by the customer. Incorrect address details can delay delivery and Dazzle cannot be held responsible.
Claims for balloons that are delivered damaged must be reported within three days of delivery date. Dazzle may request that the balloon is returned to them.
By virtue of the Distance Selling Regulations once the goods have been despatched we are exempt from giving cancellation rights as the goods we are providing are perishable.
We reserve the right to substitute your balloon with a similar choice if your chosen balloon is out of stock. Where time allows before despatch we will contact you to give you the option of cancelling the order or accepting the substituted goods. Please note the colour and shape of the additional "bunch" balloons may vary to that shown when ordering.
Free chocolates are given whilst stocks last. We reserve the right to substitute your chocolates with a similar choice.
Once the delivery has been signed for at the given address it is no longer the responsibility of Dazzle. Refunds cannot be given if the balloon is not passed on to the named recipient.
For Guaranteed Delivery Orders, if no one is available to sign for box when the delivery is attempted the delivery company will not be able to re-deliver on the same day. Re-delivery will be made within the timeframe set out by the delivery company and is beyond our control. In these instances, individuals will need to re-arrange delivery/collection with the delivery company.
If for any reason, Royal Mail are unable to deliver your Guaranteed Item on time, the complaint will be taken up with Royal Mail. Meanwhile, we would offer a full refund for the goods purchased. No compensation would be granted as the company is not liable for any delays in delivery.
Other Information
We reserving the right to cancel or refuse orders for items offered at an incorrect price. Price and availability information is subject to change without notice.
There is no contract between Dazzle and the customer for an item until Dazzle accepts the customer order by setting the "Order Processed & Packed" status to "Yes" in the online tracking system available from the Dazzle homepage. Until that time, Dazzle is within its rights to not accept or cancel any customer order.
Acceptance of payment by Sagepay does not constitute acceptance of customer order. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Dazzle sets the "Order Processed & Packed" status to "Yes" in the online tracking system (whether or not you check this status).
If for any reason Dazzle is unable to dispatch your order a full refund will be given. Dazzle cannot be held liable for any consequences or costs further than that of the full amount paid for the balloons.
14. Please note that Dazzle do not dispatch orders on a Saturday for a guaranteed Monday delivery. Dazzle therefore does not accept any responsibility if customers select this option on a Friday after 3:00PM or on a Saturday/Sunday.
By submission of the order the customer accepts these terms and conditions and authorizes Dazzle through Sagepay to take payment for balloons selected.
In the case of a strike by Royal Mail we reserve the right to use an alternative courier to make deliveries. Please note in these circumstances guarantee times (1pm & 9am) do not apply and deliveries will take place before the end of the working day.
During extreme, adverse weather conditions, it may occur that your order will be delayed by the delivery company in being delivered. In these instances we must be notified by e-mail of non delivered items within 5 days from the date the order was shipped.
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