This Website and any mobile application ("Website") is owned by OlgaBalloons (also "OlgaBalloons"). We are providing you with access to this Website and our online store (together, our "Services") subject to the following terms and conditions.
By browsing, accessing, using, registering for or purchasing Products on this Website or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these "Terms"). So, please read these Terms carefully. We reserve the right to change this Website and these Terms at any time. If you are unwilling to be bound by these Terms‚ you should not browse, access, use‚ register for or purchase Products from this Website.
You represent and warrant that you are at least 18 years old or visiting this Website under the supervision of a parent or guardian.
Use of This Website
Subject to your compliance with these Terms‚ we grant you a limited‚ non-exclusive‚ non-transferable‚ non-sublicensable license to access and make personal‚ non-commercial use of this Website. This license grant does not include: (a) any resale or commercial use of this Website or content therein; (b) the collection and use of any Product listings, descriptions, depictions, or images; (c) making derivative uses of this Website and its contents; or (d) use of any data mining‚ robots‚ or similar data gathering and extraction methods on this Website. You may not use‚ frame or utilize framing techniques to enclose any of Our trademarks‚ logos‚ content or other proprietary information (including the depictions or images found at this Website‚ the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further‚ you may not use any meta tags or any other "hidden text" utilizing Our name‚ trademarks‚ or Product names or other of our intellectual property rights without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.
When you use this Website, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, text, or by posting notices on this Website or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
You may have the ability to submit questions, comments, suggestions, and other information regarding this Website, us and our Products or Services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become Our sole property. we shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Restrictions on Rights to use
You agree you shall not:
download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of this Website‚ except and to the extent expressly permitted under these Terms;
remove any copyright‚ trademark or other proprietary rights notice contained in or on the Website;
use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any portion of this Website;
collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
reformat or frame any portion of any web pages that are part of this Website;
create user accounts by automated means or under false or fraudulent pretenses;
create or transmit to other users unsolicited electronic communications‚ such as "spam‚" or otherwise interfere with other users’ enjoyment of the Website;
transmit or upload to this Website any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of this Website‚ any other web site‚ or any computer or other device or system‚ or the enjoyment of this Website by any user;
use this Website to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
submit to this Website any content that is unlawful or facilitates‚ constitutes‚ promotes or encourages illegal activity; or otherwise use the Website to transfer or store illegal material‚ including any material deemed threatening or obscene;
take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on this Website or the IT infrastructure used to operate and make this Website available; or
use this Website‚ intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law.
We have no obligation to monitor any user conduct on this Website, and we reserve the right and have absolute discretion to monitor any user conduct on this Website at any time and for any reason without notice.
As between you and us‚ this Website‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of this Website (collectively, the "Website Content")‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by us or our licensors and protected by applicable copyright laws.
The use of any of Our trademarks without our express written consent is strictly prohibited. You may not use our trademarks in connection with any Product or Service in any way that is likely to cause confusion. You may not use our trademarks in any manner that disparages or discredits us. You may not use any of our trademarks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents‚ copyrights‚ trademarks‚ trade secrets or other proprietary or intellectual property rights.
This Website may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of content located on or through any such site.
You may terminate the Terms at any time by closing your account, discontinuing your use of this Website and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Website, or any portion of this Website, and to block or prevent your future access to and use of this Website or any portion of this Website.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of this Website; (b) any Feedback that you provide; (c) your violation of these Terms; and (d) your violation of any rights of another. You agree to promptly notify us of any third party Claims, cooperate with us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that the we shall have the right to control of the defense or settlement of any third party Claims.
Except as expressly provided, this Website, including all Website Content, and services provided on or in connection with this Website are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We do not represent or warrant that this Website is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Website or our servers are free of viruses or other harmful components.
Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to return the Product, or receive a refund for the Service under Our applicable returns and exchanges policies. IN NO EVENT SHALL WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS WEBSITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
Olga Balloons operates the www.olgaballoons.com website ("Website"), through which balloons, balloon bouquets and related products ("Products") are delivered and balloon decorating services are provided ("Services") and information and assistance about Products and Services are shared and provided.
This Website is used to inform visitors regarding our policies regarding the collection, use, and disclosure of Personal Information (defined below) if visitors decided to purchase our Products and/or use our Service.
Personal Information Collection and Use
For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, postal address, and payment information. The Personal Information that we collect will be used to contact or identify you.
We use the information you provide to fulfill your orders; to improve our Website and Products and Services; to respond to problems, such as difficulties in navigating our Website or accessing certain features; to gauge user trends; to determine what Products and Services are most popular with users; and in fraud prevention. This information also allows us to provide content and offers that are most relevant to our users and to work more closely with our delivery partners. We do not include the payment information of our users for this purpose.
We also use Personal Information so that we may display or send custom, personalized content to our Website visitors and send newsletters, mail, e-mails, features, promotional material, surveys and other updates, information or offers to our users and subscribers.
You may, at any time, opt out of receiving such information by clicking the unsubscribe button in the email and following the indicated instructions.
You may contact us to request that we correct, delete, limit the use, or make changes to your Personal Information to the extent permitted by law and upon reasonable verification of your identity. In the event that a revision or deletion to your Personal Information cannot be made, we will explain the reason.
We endeavor to be transparent about how Personal Information is obtained and used. Contact us if you have any questions about how we acquired your Personal Information, if we have it, how we use it, with whom we share it, and how or where it is stored, processed, or transferred.
We want to inform you that whenever you visit our Website, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol ("IP") address, browser version, pages of our Website that you visit, the time and date of your visit, the time spent on those pages, and other statistics. We may use third-party services, such as Google Analytics, that collect, monitor and analyze this information to help us improve our Products and Services.
Cookies are files with small amount of data that is commonly used with an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive.
Our Website may contain electronic images (called a "single-pixel GIF" or a "web beacon") or similar technologies that allow the Website to track the effectiveness of marketing campaigns and improve our Services and Products. No Personal Information is directly transmitted by us by the Web Beacons, nor are these Web Beacons used by us for any other purpose.
We may employ third-party companies and individuals for the following reasons:
To facilitate and perform our Service, including fulfilling orders of Products;
To provide the Service on our behalf including our delivery partners who are balloon delivery and decorating companies that service our customers;
To assist us in analyzing how our Service is used and help us improve our Service.
To support the marketing of our Service and Products through review and remarketing programs.
We want to inform you that these third parties have access to your Personal Information and may receive information about transactions conducted on our Website. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the Personal Information for any other purpose.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Our Services do not address anyone under the age of 18. We do not knowingly collect Personal Information from anyone under 18. In the case we discover that a person under 18 has provided us with Personal Information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us so that we will be able to take necessary actions.
- Credit / Debit Cards
- Cash on delivery