Terms of service

Terms of Service

OVERVIEW

Welcome to Why Knot Balloons. The terms "we", "us" and "our" refer to Why Knot Balloons. Why Knot Balloons operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Why Knot Balloons is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to your device type, settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Why Knot Balloons reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Why Knot Balloons confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Why Knot Balloons may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING

All prices are listed in Australian Dollars (AUD). Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include applicable taxes or shipping charges.

You agree to provide current, complete and accurate purchase and payment information for all purchases made at our store. You represent and warrant that (i) the payment information you provide is true, correct and complete; (ii) you are duly authorised to use such payment method; (iii) charges incurred by you will be honoured by your payment provider; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 — SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Once we transfer products to the carrier, risk of loss passes to you.

Please refer to our Shipping Policy for full details on delivery areas, timeframes and local pick-up options.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, video and audio, and the design, selection and arrangement thereof, are owned by Why Knot Balloons, its affiliates or licensors and are protected by Australian and international copyright and intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any of the material on the Services without our prior written consent. Why Knot Balloons's names, logos, product and service names, designs and slogans are trademarks of Why Knot Balloons. You must not use such trademarks without our prior written permission.

SECTION 7 — OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control over. We provide access to such tools "as is" and "as available" without any warranties or representations of any kind. We shall have no liability arising from or relating to your use of optional third-party tools. Any use of such tools is entirely at your own risk.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain links to websites operated by third parties. We are not responsible for the content or accuracy of any third-party websites. If you decide to leave the Services to access third-party sites, you do so at your own risk. Complaints or concerns regarding third-party products and services should be directed to the relevant third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Why Knot Balloons is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Why Knot Balloons. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Why Knot Balloons, including any injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Why Knot Balloons.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes certain personal information about your access to and use of the Services. Please review our Privacy Policy for full details.

SECTION 11 — FEEDBACK

If you submit any ideas, suggestions, feedback, reviews or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish and distribute such Feedback for any purpose, including to operate and improve our Services.

You represent and warrant that you own or have all necessary rights to any Feedback you submit, and that your Feedback will not violate any third-party rights or these Terms.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

SECTION 13 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to infringe upon our intellectual property rights or those of others; (c) to harass, abuse or harm any person; (d) to transmit false or misleading information; (e) to send spam or unsolicited communications; (f) to impersonate any person or entity; or (g) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.

You also agree not to upload viruses or malicious code, scrape or extract data from the Services, or circumvent any security or access control measures. We reserve the right to suspend or terminate your account at any time if we determine you have violated any part of these Terms.

SECTION 14 — TERMINATION

We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 15 — DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY WHY KNOT BALLOONS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN FULL.

SECTION 16 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL WHY KNOT BALLOONS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.

SECTION 17 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Why Knot Balloons, Shopify, and our affiliates, officers, directors, employees, agents and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of (1) your breach of these Terms of Service; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

SECTION 18 — GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of Western Australia, Australia. You and Why Knot Balloons consent to the exclusive jurisdiction of the courts of Western Australia for any disputes arising under these Terms.

SECTION 19 — SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and us.

SECTION 21 — CHANGES TO TERMS OF SERVICE

We reserve the right to update or replace any part of these Terms of Service at any time by posting updates to this page. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.