Whimsical Wonder Balloons, LLC / Whimsical Wonder Balloons

Terms & Conditions

Ownership of Site WhimsicalWonderBalloons.com and/or MyrtleBeachBalloonsAndHelium.com belongs to Whimsical Wonder Balloons, LLC. in Myrtle Beach, South Carolina. These Terms and Conditions of service apply to all WhimsicalWonderBalloons.com and/or MyrtleBeachBalloonsAndHelium.com customers, site visitors, and buyers. TO USE OUR SERVICE, YOU MUST AGREE TO THESE TERMS OF SERVICES. BY PLACING ANY ORDER, YOU AGREE TO ALL TERMS & CONDITIONS HEREIN. Whimsical Wonder Balloons, LLC. reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Services, at any time. It is your responsibility to check these Terms of services periodically for changes. All forms submission to complete orders, needs to agree to the condition changes and terms of services use.

On these terms of services. The words: “Customer”, “Your”, “Renter”, “Buyer”, “You”, “Their” “Client” and/or “Yours” means the customer and is obligated under its terms. The words: “We”, “our” “Company”, and “Whimsical Wonder Balloons” refer to the business name Whimsical Wonder Balloons, LLC. The word “customer” “person” shall mean the period as agreed to between Whimsical Wonder Balloons, LLC. / Whimsical Wonder Balloons.com / MyrtleBeachBalloonsAndHelium.com and Customer. The word “Terms” shall mean all terms of services written by Whimsical Wonder Balloons, LLC. or WhimsicalWonderBalloons.com / MyrtleBeachBalloonsAndHelium.om Website owners.

IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.

Terms and Conditions

By placing any order you agree to all terms and conditions herein.

A. Order Process & Payment

We accept all major credit cards, company checks, money orders, direct bank deposits, cash. All orders are prepaid at the time of ordering to ensure date and time of event and to ensure availability of product. That payment secures for clients requested date and time frame, and reserves the package services such as balloon decorating, helium tank rental, balloon twisters, magicians, face painters, booking entertainers or talented artists, photographers, DJs, Party rentals equipment's or any other services we provide on WhimsicalWonderBalloons.com / MyrtleBeachBalloonsAndHelium.com. When you order services from Whimsical Wonder Balloons, LLC. / WHimsicalWonderBalloons.com / MyrtleBeachBalloonsAndHelium.com and pay the deposit required. We hold for you the date and time of your event. The company immediately proceeds with processing your order, to insure promised services, with all requested equipment needed to all complete service and at the specific venue location. The schedule proceeds from the minute we get the full payment deposit from the client and our effort and work starts and is effective immediately. Part of the completing orders or booking one of our services, the customers are required to fill out and complete our service form. You need to be advised that every category of entertainment may have some different unique form. If you are not sure which one is right one for you, call us. All the information you filled out on our website form is very important; the information must be accurate and true. Always advisable to go over the details again. For example, the event location address, start time, contact information, select a package and more. Mistakes or incorrect information is the sole responsibility of the customer or the person who filled out the form. Incorrect information can cause us and for you problems to service you or to complete the order as promised or on time. All problems following this issue in any way will not be accepted. After submitting your form Online, it is best to give us a call to confirm that we received your form, and to complete your order process by making the payment. If you sent us an email or you filled out an Online form, we do not promise or commit to ensuring the requested services by you. Services are guaranteed only when payment has been made. No Refunds, Returns or Exchanges. We do not “refresh“ balloon decor after it’s built. All balloon decor is designed to be used only for one day or the day of your event. We do not guarantee quality of balloon decor for events lasting longer than one day. We do not guarantee outdoor balloon decor due to the sun fading and shrinking balloons along with the weather. Balloon decor you order from us may not look exactly like your inspiration photo or pictures on our website due to the nature of balloon placement and design aspects.

B. After Ordering

Changes or updates to the event information, can be made only 5 business days before the agreed schedule service date. We call to confirm with all customers or contact person numbers listed on the submitted form, a day before the scheduled service day. We confirm our appearance for the scheduled time and location, as well checking again delivery of service location address, as well the balloon decorating, helium tank rental or entertainment package ordered. If we couldn’t reach you at the time, we will leave you a message.

C. Cancellation / Payment Policy

Payments are not refundable for any reason!

We collect payments ahead of time in order to hold your event date and time, and we cannot sell or offer that date and time to any other calling potential clients, as it is reserved for you. Our Inventory for equipment, entertainers, or any other services provided by us, are limited. When a customer is placing an order for promised goods, we guarantee our services, or orders, for the date and time. Similar service cannot be offered to others calling on your behalf as clients, after your order processed, as we mentioned our Inventory for equipment, entertainers, or any other services provided by us. Are limited, and we cannot afford to lose business and money. It doesn’t matter how fast or how much time is left prior to the event date, the full payment or deposit will be not refunded for any matter or concern. Every client has the right to read or ask for the company terms of services, before placing an order or reserving service. This page is up and running at all times, to all customers for reading and reviewing. All our services are limited for agreement duration. We cannot exceed the time of service offered to customers. Although, if the balloon decorator, entertainer or employee couldn’t fulfill all possible balloon decorating or entertainment package offered online the ability to complete all promised service package to the customer depends also on factors that are not under the control of the worker or entertainer at the event. for example: 20 to 25 participants are limits to most kids entertainment packages in a two-hour duration. Complaint or request for refund with this issue will not be accepted. All customers credit card disputes by: Banks, American Express, Visa, Master Card, Discover, the amount charged by us, there will be no refund to the customer, an in-house account credit may be offered and available for use up to 1 year from original transaction date if approved by Whimsical Wonder Balloons, LLC. By placing any order with Whimsical Wonder Balloons, LLC. you agree to waive your right to initiate a chargeback or credit card dispute with your banking institution. We will attempt to rectify the situation with an in-house credit available for up to one year and is non-transferable.

Options:

Reschedule your service package on a different date for no extra charge.

Receive a company credit, that can be used up-to six months from the day of transaction charge date. Company credits can be used for all our services offered.

Company credit cannot be transferred.

E. Day Of Service

In the event that Whimsical Wonder Balloons, LLC. / WhimsicalWonderBalloons.com / MyrtleBeachBalloonsAndHelium.com fails to show up to an event at all, Whimsical Wonder Balloons, LLC. / WhimsicalWonderBalloons.com / MyrtleBeachBalloonsAndHelium.com will authorize an in-house credit with no questions asked! Refunds for credit cards and check payments are not permitted. No Refunds, Returns or Exchanges. At the time when the balloon decorating or entertainment is schedule to start on the day of the event, it is the customer’s responsibility to have a table, electrical outlet and everything ready and set for the balloon decorator or entertainment to start on the time agreed. In some cases, we cannot guarantee extended time for the service. Even for an additional fee. If possible, extended time in accordance to an additional fee will apply to the subtotal price agreed. When booking 5 days or less before the requested service day, it is considered a last-minute event, and we squeeze the event into our schedule. The customer needs to understand that the balloon decorating, or entertainment start time must be flexible, and we cannot guarantee the exact time that the balloon decorator or appearance is requested on the form submission. Our start time service appearance can be in the time frame of 1 hour before or 1 hour after from the requested time on the Online submission form completed by the customer. It is understood in this matter that the customer needs to be properly prepared.

Rental or setup items such as but not limited to Frames, Poles, Base Weights, etc are property of Whimsical Wonder Balloons, LLC. and if not returned the customer will incur replacement charges equaling our assessed value of rental or setup items. It is the customers previously agreed upon duty to hold items in a safe place until pickup is available or return by client is arranged.

Whimsical Wonder Balloons, LLC. / WhimsicalWonderBalloons.com / MyrtleBeachBalloonsAndHelium.com will not accept any complaint from customers requesting receive any credit, money back or disputing our credit card charge with the credit cards companies such as: (Visa, American Express, Master card or Discover), after we complete our balloon decorating, show or service. If customer believes the service or product is Not As Described or Defective in the beginning only. First the customers duty is to stop and inform the balloon decorator, entertainer, talent, or company of the issue. At the same time customer needs to report by calling the company office Immediately, to discuss the matter and to seek and resolve or rectify the matter at hand to agree on a mutual agreement with both sides customer and company to be able to continue or proceed with the service. Services, balloon decorating or entertainment cannot be continued at this time until settlement with both sides' customer and company representative. If the company office representative couldn’t help resolving or fixing the matter, the Balloon Decorator, Entertainer or service will not continue or proceed. Whimsical Wonder Balloons, LLC. / WhimsicalWonderBalloons.com / MyrtleBeachBalloonsAndHelium.com will no longer provide service to the customer and company staff or employees will leave the venue immediately, without fulfilling service agreement. Only if that happens, no refund will be issued to the customer.

The amount of balloon decorators or entertainers assigned to each event are limited. With any delay or longer ending time that can be caused by the customer, or to extend or change the service time frame on the same day, at the last minute, the customer needs to be aware of an additional charge or fee issued by the company sales representative or staff manager/entertainer in charge on site.

In the event that any unexpected last-minute changes to the service agreement is made by the customer, Whimsical Wonder Balloons, LLC. / WhimsicalWonderBalloons.com / MyrtleBeachBalloonsAndHelium.com is entitled to increase the service charge or will not reward changes with refunds or money back.

Pickup Rental Terms & Conditions

Order Process & Payment

The full rental period fee is due in advance, paid with a credit card. The fee for the rental period will be charged upon the day of reservation. The rental period starts on the required reservation date and ends when returned to Whimsical Wonder Balloons, LLC. / WhimsicalWonderBalloons.com. Estimated time in transit from Whimsical Wonder Balloons, LLC. / WhimsicalWonderBalloons.com / MyrtleBeachBalloonsAndHelium.com to the customer are not counted as part of rental the rental period. Equipment must be delivered by the Customer until Reservation End Date & Time.

Customer is responsible for insurance coverage while equipment is in their possession. Customer is responsible for lost or stolen equipment.

Customer is responsible for damages including repair costs due to improper installation, application, misuse, abuse, neglect, and/or accident caused by the Customer. The Customer is not responsible for normal wear and tear.

Customer credits towards the purchase of new equipment will be applied at the end of the rental period and must be used within 6 months of rental.

On the contract. The words: “Customer”, “Renter”, “Buyer”, “You” and/or “Yours” means the person and/or entity who signs the rental contract and is obligated under its terms. The words: “We”, “our” “Company”, refer to the business name Whimsical Wonder Balloons, LLC. / WhimsicalWonderBalloons.com / MyrtleBeachBalloonsAndHelium.com. The word “Rental Period” shall mean the period as agreed to between Whimsical Wonder Balloons, LLC. / WhimsicalWonderBalloons.com / MyrtleBeachBalloonsAndHelium.com and Customer. The term “Rental Equipment” shall mean all equipment provided by Whimsical Wonder Balloons, LLC. / WhimsicalWonderBalloons.com / MyrtleBeachBalloonsAndHelium.com.

In consideration of the rental of the equipment described by the undersigned (hereinafter referred to as the “Renter”) from Whimsical Wonder Balloons, LLC. / WhimsicalWonderBalloons.com / MyrtleBeachBalloonsAndHelium.com named on attached page (hereinafter referred to as “Whimsical Wonder Balloons, LLC.”) upon the terms and conditions, and for the price herein specified, it is agreed as follows:

RENTAL AND TERM begins on the date and time specified as “RENTAL DATE” and terminates on return of equipment to Whimsical Wonder Balloons, LLC's premises (“RETURN DATE”) unless otherwise agreed upon in writing by the parties. The term “RENTAL PERIOD” is the number of days from the RENTAL DATE to the RETURN DATE less any days in transit from Whimsical Wonder Balloons, LLC. / WhimsicalWonderBalloons.com / MyrtleBeachBalloonsAndHelium.com to the Customer. The rental is subject to an automatic renewal for a period of time equal to the Rental Period until the equipment is returned by the Customer to Whimsical Wonder Balloons, LLC. / WhimsicalWonderBalloons.com / MyrtleBeachBalloonsAndHelium.com may terminate the Rental at any time and upon termination take possession of the equipment. Renter agrees to pay, upon the return of equipment to Whimsical Wonder Balloons' premises, all charges and costs for the use of the Rental Equipment. Customer agrees to have all outstanding charges processed on a credit card upon return of equipment.

PRIVILEGES AND WAIVER OF DEFECTS. Renter accepts the RENTAL EQUIPMENT on an “as is” basis. Customer acknowledges and declares that they will inspect the equipment upon receipt. The Customer will contact Whimsical Wonder Balloons, LLC. immediately after receiving the equipment if it is not in good, safe operative condition. The Customer warrants that he is familiar with the operation of the RENTAL EQUIPMENT and is qualified to make such an inspection. Customer agrees that failure to inspect will result in a waiver of the right to return for replacement equipment. Customer agrees to return the RENTAL EQUIPMENT to Whimsical Wonder Balloons, LLC.’s premises by the RETURN DATE in as good condition as when received by Customer, ordinary wear and tear excepted. “Ordinary wear and tear” shall mean only the normal deterioration of the Rental Equipment caused by ordinary and reasonable use on a single shift (eight hours per day, five days per week) basis. Customer agrees to pay immediately all charges and costs incurred.

RENTAL EQUIPMENT BECOMES UNSAFE OR IN DISREPAIR DURING THE RENTAL PERIOD. Renter will immediately discontinue use of the Rental Equipment should it at any time, following the execution of this agreement or any subsequent agreement, become unsafe or in a state of disrepair during the RENTAL PERIOD Furthermore, the Renter will immediately notify Whimsical Wonder Balloons, LLC. / WhimsicalWonderBalloons.com / MyrtleBeachBalloonsAndHelium.com that the RENTAL EQUIPMENT is unsafe or in disrepair and until such time as WhimsicalWonderBalloons.com / MyrtleBeachBalloonsAndHelium.com has regained possession the Customer has agreed to take all steps reasonably necessary to prevent injuries to any person and all property from the RENTAL EQUIPMENT or products.

COMPLIANCE WITH LAWS. Customer acknowledges that Whimsical Wonder Balloons, LLC. has no control over the use of RENTAL EQUIPMENT by Customer, and the Customer agrees, at his or her sole expense, to comply with all municipal, county, provincial, and federal laws, ordinances and regulations, including the Occupational Safety and Health Administration which may affect the RENTAL EQUIPMENT while it is in the possession of and use by the Customer. Customer shall not permit any person who is not legally qualified to use the RENTAL EQUIPMENT.

PERMITTED AREA OF USE OF RENTAL EQUIPMENT. Without Whimsical Wonder Balloons, LLC.’s written consent, Customer shall not remove the Equipment from the Country in which it is rented.

CUSTOMER’S LIABILITY FOR MISUSE OF EQUIPMENT. Customer shall not abuse, harm or misuse, the RENTAL EQUIPMENT. Customer shall not permit any repairs to be made or lien to be placed upon the RENTAL EQUIPMENT without the Whimsical Wonder Balloons, LLC.’s written consent. In the event of any accident or casualty resulting in bodily injury or property damages arising out of Renter’s use and hiring of the paid invoice the Customer agrees to accept all responsibility therefore, and shall hold Whimsical Wonder Balloons, LLC. / WhimsicalWonderBalloons.com harmless for any claims or action arising. Customer shall furnish Whimsical Wonder Balloons, LLC. with a complete report of any accident involving said RENTAL EQUIPMENT, including names and addresses of all persons involved and all witnesses. Unless otherwise specified herein, in case of the loss or destruction of any part of the RENTAL EQUIPMENT, or of loss of possession thereof, or inability to return the same to Whimsical Wonder Balloons, LLC., on the expiration and due date, for any reason whatsoever, Customer shall pay Whimsical Wonder Balloons, LLC. the actual replacement cost thereof, and in addition thereto Whimsical Wonder Balloons, LLC.’s loss of use of said RENTAL EQUIPMENT.

DISCLAIMER OF WARRANTIES. Whimsical Wonder Balloons, LLC. / WhimsicalWonderBalloons.com makes NO warranties, expressed or implied, as to the RENTAL EQUIPMENT’S merchantability or fitness for any particular purpose. Customer’s sole remedy for any failure or defect in the RENTAL EQUIPMENT shall be the return of the RENTAL EQUIPMENT at the time of failure, provided the Equipment is returned to Whimsical Wonder Balloons, LLC. within 36 hours after such failure. Whimsical Wonder Balloons, LLC. shall not be responsible for any loss, damage or injury to Renter or Renter’s property, including incidental, special or consequential damages, in any way connected with the operation, use, defect in or failure of the RENTAL EQUIPMENT.

INTELLECTUAL PROPERTY RIGHTS. All rights pertaining to industrial/electrical or intellectual property including but not limited to copyrights, patents and trademarks in the RENTAL EQUIPMENT are expressly reserved to Whimsical Wonder Balloons, LLC. The Customer shall not make any copies or authorize any copying of anything supplied with the RENTAL EQUIPMENT such as product designs, diagrams, circuitry, hardware, software programs and operating manuals except with the prior written authority of Whimsical Wonder Balloons, LLC. / WhimsicalWonderBalloons.com. USE OF LIABILITY UPON BREACH BY CUSTOMER. Customer agrees to pay a late payment penalty at the rate of $150 per day if the RENTAL EQUIPMENT is not delivered to the Whimsical Wonder Balloons, LLC.’s premises following the end of the RENTAL PERIOD.

INDEMNIFICATION OF SRI BY CUSTOMER. Customer expressly indemnifies and holds Whimsical Wonder Balloons, LLC. harmless of, from and against any and all claims, loss, costs, damages, lawyer fees and/or liability in connection with the hiring and use of the RENTAL EQUIPMENT regardless of whether a lawsuit is filed in the event a suit is instituted by Whimsical Wonder Balloons, LLC. to recover possession of said RENTAL EQUIPMENT or to enforce any of the terms, conditions or provisions hereof. Renter agrees to pay all court costs and lawyer fees of Whimsical Wonder Balloons, LLC. incurred in connection therewith. TITLE. Title to the Equipment is and shall remain in Whimsical Wonder Balloons, LLC.'s / WhimsicalWonderBalloons.com / MyrtleBeachBalloonsAndHelium.com name. Customer agrees that the Rental Equipment is not subject to levy upon for any reason whatsoever. In the event of the Bankruptcy of the Customer, Whimsical Wonder Balloons, LLC. may retake the Rental Equipment without notice or legal process.

CONSTRUCTION. The paragraph headings used herein are for convenience only and are not to be used in construing the meaning or intent of any of the terms or provisions of this Rental Contact.

CHOICE OF LAW. Any dispute or claim that arises out of or that relates to this agreement, or to the interpretation or breach thereof, or to the existence, scope, or validity of this agreement or the arbitration agreement, shall be interpreted under the laws of the State(s) of South Carolina and North Carolina except as to its choice of law principles.