TERMS AND CONDITIONS OF SALE

Welcome to The Best Balloons Company e-shop! We offer the largest selection of professional balloons in Switzerland and wish you a pleasant online shopping experience.

1. YOUR CONTRACT WITH US

These General Terms and Conditions of Sale ("GTCS") apply to all orders for products ("the Products", "the Goods") that you ("the Customer", "the Buyer", "you") place with The Best Balloons Company Sàrl ("the Seller", "we", "us"), on our website, www.thebestballoonscompany.ch ("the Site"). The Site and the online store are operated by : The Best Balloons Company Sàrl, Rue des Artisans 12, 1176 St-Livres, Switzerland, IDE CHE-331.202.736, tel 079 595 58 57, email shop@thebestballoonscompany.ch. By placing an order, you acknowledge that you have read, understood and accepted these terms and conditions without reservation. The Vendor reserves the right to modify these GCS at any time, by publishing a new version on the Site. Any order placed after the publication of the new version of the GCS implies acceptance of the latter.

2. REGISTRATION AND CUSTOMER ACCOUNT

You can browse our Site and place orders as a guest. If you decide to open a customer account with us, you are responsible for ensuring that the personal data you have provided is true, accurate and up to date, before placing the order. Please ensure that the password you choose when registering remains confidential and is not divulged to anyone. We reserve the right to close an account without notice if it is in breach of these terms and conditions or if we decide that it is in the best interests of The Best Balloons Company Sàrl.

3. ORDER CONDITIONS & ORDER CONFIRMATION

By placing an order on our Site, you agree to purchase the Products you have selected, in accordance with our General Terms and Conditions of Sale. Orders placed by minors or persons under guardianship are only authorized with the consent of their legal representative. You can place a firm order for the Products you have selected via our online store. You may also place the Products you have selected in the "shopping basket" without this being considered a firm order. A firm order is considered to be any order that has been validly finalized, the last step being to click on the ["Order"] button at the end of the order process. Prior to the final dispatch of an order, the customer may at any time change the data entered, identify any errors and rectify them if necessary. An order confirmation will be sent immediately and automatically by e-mail to the Customer. This confirmation email contains your order details and the GTC you accepted during the order process. The confirmation email is for information purposes only, i.e. that we have received your order. This automatic order confirmation does not yet constitute a sales contract. By placing an order, you confirm that you have read our terms and conditions and accept them without reservation. We recommend that you print out the terms and conditions and the order confirmation, or save them on your computer. Once you have placed a binding order, the Seller is free to accept it at its sole discretion or to refuse it, informing you by e-mail and declining all responsibility towards you or third parties. If payment has already been made, it will be reimbursed when the order is cancelled. Reasons for refusing an order may include, for example, the fact that a product is no longer available, that we have received no proof of payment from the customer, or where there is reason to believe that the customer is acting fraudulently or in a manner that is criminally reprehensible in relation to the GTC or individual agreements, or for any other serious reason. Once your order has been accepted, the sales contract is binding.

Any commercial distribution or resale of our Products is strictly prohibited.

4. PRODUCT OFFERING

We offer our Products for sale on our Site while stocks last.

The photos and texts illustrating and describing the Products appearing on the Site are non-contractual and presented for information purposes only. The Seller assumes no responsibility for any errors or omissions in the photos or texts appearing on the Site.

Delivered Products remain the property of the Seller until the full purchase price has been paid to the Seller.

5. PRICES AND TAXES

Our Products and prices correspond to those displayed on the Site. Prices apply to Products offered on the date you place your order. The prices shown on the Site are exclusive of VAT. The total price of your order, including the legal value-added tax (VAT), if applicable in the corresponding state, as well as all taxes, shipping and delivery costs and other charges are indicated at the end of the order process. When shipping to countries outside Switzerland, additional customs duties may apply. These are not included in the price and must be paid by the customer. Delivery in Switzerland by Swiss Economy post is free for orders of CHF 200 or more. By placing a firm order, you declare that you accept the total price of the Products ordered. Once a firm order has been placed, the price cannot be changed.

6. TERMS OF PAYMENT

In principle, orders are payable immediately. The customer may use the means of payment indicated on the Site during the ordering process. These may vary from time to time and by country. In addition, we reserve the right not to offer certain methods of payment on a case-by-case basis, and we reserve the right to offer others (depending on the respective creditworthiness of Customers, in order to cover our credit risk). The customer expressly authorizes the Seller to carry out credit checks and to pass on any customer data to third parties for this purpose. By choosing a means of payment, the Customer authorizes payment either by entering his or her credit card details, or by communicating access data to a payment service provider. The Customer authorizes the Vendor to approve or receive payment by the chosen method. In the event of cancellation of debits, the Seller shall be entitled to reimbursement of the costs and bank charges incurred. Furthermore, the Seller assumes no responsibility for any fees or other amounts that your credit card issuer or bank may charge you as a result of processing payment for your order. If payment is refused, the Seller reserves the right to cancel the order and suspend shipment of the Goods. In this case, we will contact you immediately.

7. DELIVERY

Your order will be delivered to the delivery address you have provided. The desired delivery service can be selected online during the ordering process. Any resulting costs must be paid in advance by the customer. Delivery times correspond to those indicated during the order process, subject to the conditions below. If an order is received on a Saturday, Sunday or public holiday, it will be processed on the next working day (Monday to Friday). Longer delivery times are to be expected for orders placed before public holidays or for items temporarily unavailable. When Products are listed as being out of stock at the time of ordering, the Seller will endeavour to deliver them as soon as possible after restocking. The Vendor will make every effort to meet the delivery deadlines indicated. However, the Vendor is not responsible for delays in delivery, whatever their cause. Should the delivery of your Merchandise be delayed, we will inform you as soon as possible. If delivery is still not made three [3] weeks after the initially agreed delivery date, the Customer is entitled to cancel the order. All other claims, in particular for damages, are excluded.

If the shipment of the Product fails through the fault of the Customer despite three [3] delivery attempts, the Seller may withdraw from the contract. In this case, any payments already made will be refunded immediately.

Please note that balloons are delivered uninflated, in flat packaging.

8. RETURNS

Returns should be sent to :

The Best Balloons Company Sàrl

Rue de l'Arc-en-Ciel 12

1030 Bussigny

We always do our best to get your goods to you in perfect condition and for them to be the items you have ordered. However, we understand that you may wish to return goods to us for a number of reasons. The following clearly explains our returns policy.

I have received faulty goods.

If any of the products you have ordered are faulty, please contact us immediately. It may appear to be faulty, but in fact it works. We can help you find out what's wrong over the phone, with a few photos or videos that we may ask you to send us.

If it still appears defective after that, please return it to us. It must be returned within 7 days of receipt. If, after inspection, we find that it is faulty, we will refund you or send you a replacement product. If we find that there is no problem, we will contact you and let you know. We can either return the goods to you (an additional delivery charge will apply), or refund you provided the goods are in perfect condition, packaged and re-saleable. When returning your goods, please provide your company details and as much product information as possible (product references, order numbers, etc. are very useful!) and inform us by e-mail that the items have been sent. We recommend that you send the items with proof of dispatch, which is ideally traceable by you - courier or registered Swiss Post services, etc. Please take a photo of the shipment/receipt and we'll credit it too. If we do not receive the items, we will not be able to offer refunds or ship replacement items. You will be responsible for any lost items or parcels that are sent to us but do not arrive.

I don't need certain products.

If you do not need certain items, return them to us (at your expense) in perfect condition, unopened and re-saleable within 7 days and we will refund the price of the product(s) up to a maximum of CHF 25 + VAT. Any returns exceeding this value must first be approved by us, and a restocking and administration fee will be charged. The fee will be 10 CHF + VAT or 20 % of the product cost, whichever is greater. Delivery charges are NOT refundable.

Please complete our returns form (click to download below) and include it in the package. If this is not included, we will not be able to process your return. If your order is sent by courier and you refuse delivery so that it can be returned to us, a charge of CHF 15 + VAT will be applied for the return of the goods. If more than one box is refused, additional charges may apply.

We cannot offer refunds on printed balloons, seasonal products, helium bottles or party helium bottles.

If you cancel an order that has not been dispatched but is being prepared, packaging and administration costs will be charged. The charge will be 10 CHF + VAT or 20 % of the product cost, whichever is higher.

Items that have been used or removed from their original packaging will not be refunded.

Download your return form here!

I didn't sell the merchandise.

We do not work on a sale or return basis. If items have been ordered for an event or stock and are not selling, we cannot accept the return. If the return is sent to us, we will either return it to you on your next order with courier delivery, or you can pay for the return to be sent back to you. If we are able to accept the return, a restocking and administration fee will be charged. The fee will be 10 CHF + VAT or 20 % of the product cost, whichever is greater.

I received the wrong items.

If you have received the wrong items, please contact us immediately and let us know what was sent incorrectly and accept our sincere apologies! Once it has been established that these are the wrong items, please return the goods to us in perfect, unopened and re-saleable condition. Once received, we will send the correct products or offer a refund. When returning your goods, please quote your order number and inform us by email that the items have been sent. We recommend that you send items by a method with proof of dispatch and is ideally traceable by you - courier or Swiss Post registered services. If we do not receive the items, we will not be able to offer refunds or ship replacement items. You will be responsible for any lost items or parcels that are sent to us but do not arrive. If you require replacement products immediately, another order must be placed and once the products have been returned, a refund will be made.

Refunds on printed balloons

If you have ordered printed balloons once your artwork has been approved and the creation process has begun, no refund can be offered. If approval has been given (verbally or in writing) but the screen creation process has not yet begun, we may be able to offer a refund. Cancellation fees may apply depending on the amount of work already undertaken.

Refunds on disposable helium cylinders

No refunds are available on disposable helium cylinders once delivered, as there is no way to establish whether they have been used or not.

Bottle rental refunds

No refunds are available on rented helium cylinders once delivered. All returned cylinders, even if full, are purged on return to the cylinder agent to ensure that no cylinder has been tampered with during rental. This ensures that safe, reliable cylinders are supplied to all customers.

9. WARRANTY & CLAIMS

The Seller warrants that the Goods correspond to the quality criteria described and that they are free from defects affecting their value or suitability for their intended use. Upon receipt of the Goods, the Customer must immediately check that the delivered Product is correct, complete and free of damage. Defects or damage must be reported to the Seller within five [5] working days. Defects which could not be detected during a proper inspection and which were detected only after the fact must be reported in writing immediately after their identification. If you do not check the defect or report it immediately, the Product is deemed to have been accepted and you are no longer entitled to make any claims against us. The statutory warranty provisions for manufacturing, material or production defects apply. Products which have been damaged through the fault of the Buyer are excluded from the warranty.

The customer's warranty claims are limited to replacement delivery, to the exclusion of all other claims. Should the subsequent delivery fail, the customer is entitled to withdraw from the contract in the event of serious defects. In the event of a complaint or any other technical question, please contact us at the following address, stating your order number and customer number, a description of the defects and any other information that may be useful to us: The Best Balloons Company Sàrl, Rue des Artisans 12, 1176 St-Livres, Switzerland.

Customer satisfaction is very important to us. You can reach us at any time using the contact details given above. We will endeavor to answer your questions and investigate your complaints as quickly as possible. We will contact you as soon as we have received your documents, entries or complaints. If you have any claims or complaints, please help us to identify the exact problem, if necessary by enclosing a copy of your order or at least your order number and customer number etc. We will endeavour to reply within five [5] working days.

10. DATA PROTECTION

Your personal data will be collected exclusively in compliance with legal requirements and will be processed in accordance with our Privacy Notice.

11. LIABILITY & FORCE MAJEURE

If the Seller breaches his obligations under these GTC and the resulting contractual relationship, he shall be liable for any proven damage which he has caused intentionally or through gross negligence. Whether based on contract, breach of contract or other grounds, liability is expressly excluded in the event of slight or moderate negligence or consequential damage. Direct damage includes, for example, loss of profit, damage to property, damage to reputation, damage caused by computer viruses or loss of data due to a temporary deficiency or interruption of the Seller's services. Furthermore, the Seller assumes no contractual or extra-contractual liability for damage caused by auxiliary persons charged with providing the service. The aforementioned exceptions and limitations of the Seller's liability do not apply in the event of direct and culpable injury to life, body or health, or in the event of mandatory statutory regulations. The Seller accepts no liability for delays caused by events beyond its control, such as force majeure, epidemics, traffic jams, extreme weather conditions or detention of goods by customs authorities. Such events do not entitle the Customer to withdraw from the purchase contract or to claim compensation from the Seller for the damage caused.

12. VALIDITY OF THE GENERAL TERMS AND CONDITIONS OF SALE

Should any provision of these GTC be declared invalid or partially invalid, the validity and scope of the remaining provisions shall not be affected. Invalid conditions will be replaced by the applicable legal provisions.

13. APPLICABLE LAW

These GTC are governed exclusively by Swiss law. The Vienna Convention (CISG) is excluded. The exclusive place of jurisdiction is Geneva, Switzerland, subject to any mandatory places of jurisdiction provided by law.