Terms & Conditions
The prices applicable are as per shown. All prices quoted are subject to Value Added Tax at the standard rate as and when applicable. Helium Products Limited reserve the right to alter prices at any time before the delivery of goods and upon any such alteration being communicated to the customer, the Customer shall be bound to pay the altered prices. MINIMUM FIRST SPEND IS £50.00 AND A MINIMUM ANNUAL SPEND OF £500.00 TO KEEP THE ACCOUNT ACTIVE.
One use per customer, offer for a limited time only. Promo code must be entered on the checkout page within the terms and conditions or it will not apply. Excludes vat and shipping charges.
Payment for goods shall be prior to dispatch. Payment shall be deemed not to have been made until cleared funds for the full amount have been received by Helium Products Limited. All orders will be subject to a 20% cancellation fee.
Any specified delivery dates are estimates only and Helium Products Limited will not be liable for failure to meet these estimated dates. All claims for delivery shortages and damages must be made in writing to Helium Products Limited, and the carriers within five days of delivery. We reserve the right to complete orders with similar goods if those required are out of stock, unless specifically agreed to the contrary.
We endeavour to dispatch all orders placed for next day delivery however during busy periods it can take up to 2 working days*
All non web orders may take up to 3 working days to be delivered.
Delays caused by courier companies will be dealt with as a matter of urgency.
*UK mainland only; not including weekends or bank holidays; non prepaid orders – customers need to be contactable up until 6pm, orders will not be dispatched until payment is received; weather conditions permitting; subject to items being in stock; during busy periods i.e. Christmas there may be a delay.
6.RETENTION OF TITLE
For the purpose of Section 17(1) of the Sale of Goods Act 1979 the property in the Goods shall be transferred to the customer upon and only upon receipt by Helium Products Limited of full payment of the price of the goods and of all other sums due to Helium Products Limited from the Customer from time to time. Accordingly prior to such transfer of title the Customer shall have no right to re-sell, process, mix, alter or otherwise make use of or deal with the Goods accordingly prior to such transfer of title shall store the Goods and in such a way that they are identifiable as the property of Helium Products Limited. At any time until transfer of title (and without prejudice to any other remedies) Helium Products Limited or its agents shall be entitled immediately after giving notice of its intention to do so to enter upon the premises of the Customer with such transport as may be necessary and repossess any Goods to which it has title hereunder.
Helium Products Limited shall not be liable in any way for loss or damage arising directly or indirectly, as a result of delivery of the goods being prevented or delayed beyond the control of Helium Products Limited or any acts of third parties and in these circumstances Helium Products Limited expressly reserve the right to cancel or suspend the whole or any part of the order.
Helium Products Limited shall a general lien over any Goods or chattels of Customer in Helium Products Limited possession for monies whatsoever due from the Customer to the Supplier, which will become exercisable 14 days after such monies become due.
Registered Company Name: Helium Products Limited
Company Registration Number: 10806241
Vat Number: 546225547
Introduction and General Terms and conditions
- USE OF THE WEBSITE
- PURCHASE OF PRODUCTS
- CONTRACT CANCELLATION AND RETURNS
- DESCRIPTION OF PRODUCTS
- PRICE AND PAYMENT
- OFFERS AND DISCOUNTS
- OUR LIABILITY
- EVENTS OUTSIDE OUR CONTROL
It is our philosophy to treat customers as we would like to be treated, we are a fair and honest Company and mindful that not everyone in this world is honest so the following terms and conditions apply for clarity
Helium Products Limitedâ€™s website terms and conditions for use (“Terms”). These Terms apply to the use of this Website and by accessing this Website and/or placing an order for Products you agree to be bound by the Terms set out below. If you do not agree to be bound by these terms and conditions please do not use our Website.
Before you place an order with us, if you have any questions relating to these terms and conditions please contact our Customer Service Representatives by email at gary@upupandaway co.uk or telephone 07540 726 199. Please note that all calls to our Customer Services department will be charged at the local rate (BT users only, other network charges may vary).
You should print a copy of these Terms for future reference.
- “Personal Information” means the details provided by you on registration;
- “Product” means a product displayed for sale on the Website;
- We/us means balloons by Helium Products Limited
- â€œWebsite â€œmeans www.upupandaway.co.uk or any subsequent URL which may replace it;
“You” means the user of the website.
2) Use of the website
You are provided with access to this Website in accordance with these Terms and any orders placed by you must be placed strictly in accordance with these Terms.
2.1.1 Restricted access
Access to certain areas of our website is restricted for wholesale trade only. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password.
- We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us.
- Wholesale customers: 1st order has to be over £50.00 and proof of trade is required, (New Customer). Re-orders no minimum. All prices are subject to change and invoiced at the price applicable on the day the order is placed.
2.2.1 By registering as a user of our Website, you warrant that:
- (a) The Personal Information which you provide when you register as a user is true, accurate, current and complete in all respects.
2.3 Our rights
We reserve the right to:
- (a) modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- (b) Change these Terms from time to time, if you do not agree to such amended terms, you must stop using the Website. If you continue to use the Website you will be deemed to have accepted the amended terms.
3) Purchase of Products
3.1.1 By placing an order through our Website, you warrant that you are:
- legally capable of entering into binding contracts;
- at least 18 years old;
3.1.2 When placing an order you will be automatically added to our mailing list. You can opt out by clicking on the “unsubscribe” link
3.2 How the contract is formed between you and us
3.2.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
3.2.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. Please note, for any PayPal orders, payment is processed immediately after your order is placed.
3.2.3 Non-acceptance of an order may be a result of one of the following:
- - The Product you ordered being unavailable from stock.
- - Our inability to obtain authorisation for your payment.
- - The identification of a pricing or Product description error.
4) CONTRACT CANCELLATION and Returns
- We aim to dispatch orders within one working day If you want to cancel an order without incurring a cost, you will need to do it before dispatched. If you need to cancel an order please call us on 07540 726 199 during office hours or via e-mail at email@example.com if you would like to change anything about your order we would recommend that you call us first to avoid paying delivery again.
- You have the right to cancel the contract at any time up to 7 days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to wholesale trade customers.
- 4.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or contact us section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
- 4.3 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to (returns department Helium Products Limited 18 Newlands end Laindon North Ind Est Basildon Essex SS15 6DU. at your own cost. â€¦â€¦â€¦ You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. All items that are returned MUST be done so in the original packaging.
- 4.4Once we have received the goods back, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods. Please note that once we have processed your credit it can take up to 5 working days for this to appear on your statement. Any damages or returns need to be reported within 14 days.
5) DESCRIPTION OF PRODUCTS
5.1 We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We will confirm the price of a Product in the Dispatch Confirmation.
5.2 Every care has been taken to ensure that the description and specifications of the Products are correct. However while the colour reproduction is a close representation, a slight variation in the actual Products may occur.
6) PRICE AND PAYMENT
6.1 The price quoted on our Website will include VAT for retail customers and Exclude VAT for our trade customers and will be added to the final invoice. Except in cases of obvious error. These prices exclude delivery costs, which will be added to the total amount due.
6.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6.3 Every effort has been made on this Website to ensure that shopping online is safe and secure.
6.4 Prices quoted are in British pounds (£) and are accurate at the time published but may be subject to change.
6.5 Products and services are subject to availability and may be withdrawn at any time, including after you have placed your order. If your order cannot be fulfilled for any reason we will advise you.
6.5 Pricing and VAT outside of the UK
6.6 If you order Products from our Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
7.1 From receipt of your order and payment in full we aim to despatch same day, for orders placed before1pm (this is only a guide) we will do our upmost to achieve this.
Any information supplied by you will only be held and used for our purposes in order to conduct business with you and to improve our level of service. We will not pass on your details to any third party without your express agreement.
We will only send you emails or other information where you have given us your consent.
9) GIFT VOUCHERS
9.1 Gift vouchers may not be exchanged for cash.
9.2 If the Products purchased online total less than the value of the gift voucher, any balance will be left as a credit for you
9.3 When redeeming gift vouchers online or over the telephone you will be required to give the serial number of the voucher. This may be used once only. Email gift vouchers must be used in conjunction with the email address to which they were mailed and can only be used online only.
9.4 If you have to return Products you have purchased online using gift voucher/s, then in most instances we will credit your online shopping account against further purchases.
9.5 MULTI-BUY OFFERS
9.5.1 Multi-buy offers (for example, buy 1 get 1 free) only apply to those products to which the multi-buy offer applies and are clearly displayed as such.
9.5.2 Multi-buy offers are not valid when used in conjunction with any other promotions.
9.5.3If any Products which form part of a multi-buy offer are returned to us for a refund, you will be refunded the full price of that item less the total discount given in the offer. If any Products which form part of a multi-buy offer are returned for exchange with an item not included in the same multi-buy offer, you will be charged the difference between the discounted price and the full price item.
9.5.4 Please note that items in the clearance section of our Website have already been heavily discounted and cannot be bought in conjunction with any other offer, including the multi-buy offers.
9.6 MONEY OFF VOUCHERS AND PROMOTIONAL DISCOUNTS
9.6.1 Money-off vouchers and voucher codes are not exchangeable for cash and can only be used once per transaction.
9.6.2 Money-off vouchers and voucher codes cannot be used in conjunction with any other voucher or voucher code.
9.6.3Discounts and promotional discount codes offered by the Website are valid only for use as part of a purchase made via the Website, unless otherwise stated.
9.6.4 If you return to us for a refund a Product which has been purchased with a money-off voucher, we will refund to you the full price of that item less the value of the voucher used.
9.6.5 Money-off vouchers and promotional discount codes cannot be used towards delivery charges.
10) OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of this kind are commonly supplied.
10.2 We will not accept responsibility for a failure to comply with specific care instructions stated in the Product or within the Productâ€™s packaging.
10.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
- (a) loss of income or revenue;
- (b) loss of business;
- (c) loss of profits or contracts;
- d) loss of anticipated savings;
10.4 We will not be liable for any loss or damage to goods once they have been delivered in accordance with your delivery instructions.
10.5 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
11) EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- (a) strikes, lock-outs or other industrial action;
- (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- (e) impossibility of the use of public or private telecommunications networks; and
- (f) The acts, decrees, legislation, regulations or restrictions of any government.
11.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
12.1 Intellectual property and right to use
12.1.1 Unless otherwise stated, the copyright and other intellectual property rights in the content on the Website are owned by us or our licensor. Any access or use of the Website for any reason other than your personal, non-commercial use is prohibited.
12.1.2 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or Website without our prior written permission.
12.1.3 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase of Product(s)) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.
12.2 Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
12.3 Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Helium Products Limited , We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, which such email was sent to the specified email address of the addressee.
12.5 Transfer of rights and obligations
12.5.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
12.5.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.5.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
12.8 Entire Agreement
We intend to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
12.9 Our Right to Vary these Terms
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
These Terms and the Contracts shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. Any dispute or claim arising out of or in connection with the Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
13. Facebook Competitions
These are the rules which apply to your participation in our Facebook Prize Draw. By submitting your entry you agree to these rules. If you do not agree, please do not submit your entry.
13.1. The promoter of the prize draw is Helium Products Limited (“Helium Products Limited”, “we”). The promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
13.2. The prize draw is open to UK residents only, excluding Helium Products Limited employees, their immediate family, or any person or company associated with the draw.
13.3. To enter the prize draw you should “like” our Prize Draw Facebook post and "like" and share our Facebook page, as per instructions on the Facebook post.
13.4. Late, invalid, duplicate or incomplete entries will not be considered, and we accept no responsibility for lost entries.
13.5. The prize is for one winner only.
13.6. The prize is non-transferable and there are no cash alternatives. Helium Products Limited reserves the right to substitute a prize of equal or greater value at any time.
13.7. Everyone who likes the post and likes and shares our Facebook Page will be entered into the prize draw for an overall winner. The winner will be chosen at random by computer from all qualifying entries. The result is final and no discussion will be entered into concerning the outcome.
13.8. The prize draw closes on the date specified. Entries received after this date will not be considered.
13.9. The winner will be notified through Facebook’s messaging system on the closing date. Please ensure your privacy settings on Facebook allow us to message you. If the winner’s privacy settings mean we are unable to make contact through Facebook’s messaging system and you do not respond to comments on the Facebook post, we reserve the right to offer the prize to another randomly selected entrant.
13.10. If the winner does not respond within one week of Facebook notification we reserve the right to offer the prize to a runner-up or to re-offer the prize in a future draw.
13.11. Any personal information and contact details you supply will be used only for the purposes of administering the competition.
13.12. We reserve the right to amend these terms and conditions or to cancel, alter or amend the draw or the prize due to any circumstances that arise beyond our control.
13.13. The prize draw is subject to the laws of England and Wales.
13.14. Helium Products Limited take no responibility for the product once it leaves our premisis i.e. when in the hands of a 3rd party.
13.15. The winner will be contacted once the prize is dispatched. Helium Products Limited except no responsibility for any errors due to delivery ie.e no-one at the premisis at time of delivery.