Terms & Conditions
Last Updated: July 31, 2017
Welcome to Paper Balloon!
Paper Balloon LLC is a greeting card subscription company that offers a customizable recurring shipment of greeting cards shipped just prior to certain occasions throughout the year. We work with independent designers around the world to create exclusive and unique designs that are printed using artisan techniques at a print shop in Chicago. We also offer coordinating temporary tattoos that can be inserted into the greeting cards for an added surprise to the recipient. Customers can opt for pre-stamped envelopes to make for a ready-to-send greeting. We also offer a range of in-stock greeting cards available in our Shop.
These terms and conditions set forth the agreement between you, the customer (“you”), and Paper Balloon (the “Company”“we” or “us”), with respect to your use of this website, including the blog (the “Site”), and our subscription products (“Subscription”) and shop products (the “Products”). Please review this Terms and Conditions Agreement (the “Terms”) carefully. If you do not agree to be bound by these Terms, you may not use the Site or purchase our Products; conversely, by using the Site or subscribing to our Subscription or purchasing our Products, you agree to be bound by these Terms. We reserve the right, at any time and from time-to-time, to update, revise, supplement and/or otherwise modify these Terms. If we amend or supplement these Terms, we will notify you when you next log in to your account with us. Your continued use of the Site and Service following such notice will indicate your acceptance of any such amendments or supplements.
Credit Card Authorization
When you subscribe to a Subscription, or purchase a Product, you authorize us (through our third party payment processor) to charge you, using the credit card information you provide on our payment page, for any Subscription items throughout the year as described on our Site, and for any other Product items immediately. We accept most major payment cards (debit, credit, rewards) such as, Visa, MasterCard, American Express, Discover, etc., as forms of payment for our Subscription and Product. We are not able to process any other forms of payment. When you subscribe to a Subscription and pay for the full year in advance, payment is deducted immediately and you are not able to modify or cancel any occasions for the year following purchase. When you subscribe to a Subscription and select to pay as you go, we will automatically deduct payments after the Cutoff Date and prior to your shipment day for each occasion chosen, unless, no later the day prior to Shipment Date at 12:01am Central Time (CT) (the “Cutoff Date”) you cancel that Occasion through My Account.
You acknowledge that when you purchase and sign-up for a pay-as-you go Subscription, changes to your Subscription, cancellation of your Subscription in its entirety or any Occasion of your Subscription, cannot be made after the Cutoff Date for the upcoming shipment. Each time you log into My Account and make selections or changes to your Subscription, you reaffirm the foregoing authorization for Paper Balloon LLC to charge your credit card for your Plan and any additional items you elect to purchase. When you sign-up for and pay-in-advance for a Subscription, changes to your Subscription cannot be made for the first year after purchase. Changes may be made to your subsequent year’s Subscription within My Account.
If you do not receive your Subscription delivery by 8:00pm local time on the scheduled delivery date reflected in your account, contact us at email@example.com within 24 hours thereafter and we will either provide a replacement order or a refund, in our discretion. If your package arrives damaged beyond normal shipping wear and tear to the exterior box please contact us at firstname.lastname@example.org within 24 hours following receipt of your package and we will determine in our discretion if a replacement package or refund is appropriate based on the information you provide. Refunds will be issued as a credit to your Paper Balloon LLC account ONLY. Any credits issued to your account may be used to offset the cost of your future Subscription shipments or to purchase additional Products. All credits issued to a Paper Balloon LLC account must be used within 1 year of the date of issuance.
Paper Balloon LLC in its sole discretion may offer gift cards in a pre-specified amount. If you are the recipient of a gift card, in order to redeem it, you must create an account and in so doing, agree to be subject to these Terms. If you wish to make a purchase in excess of the gift card value, you will need to provide valid credit card information. Gift cards are not redeemable for cash and, unfortunately, we cannot replace lost or stolen gift cards. Sales of gift cards are final. From time to time we may also offer promotions, which have unique or specific terms. In those cases, the terms of such promotion shall be deemed to be incorporated into these Terms by reference.
From time to time, we provide promotional codes that offer new or existing customers a discount on their purchase. If you wish to redeem a promo code, you must create an account and in so doing, agree to be subject to these Terms and any additional terms that we establish for such promotional code. You will also be required to enter valid credit or debit card information in order to redeem a promo code. Promo codes must be entered into your payment information to be valid. Unless otherwise specified, the promo codes must be used on the customer’s first order, cannot be combined with any other promo code or offer and cannot be split between multiple orders. Promo codes may not be duplicated, sold or transferred, are not valid for cash and may expire before your use. Paper Balloon determines the value of the promo code. Paper Balloon reserves the right to change or end promo codes, their value and their terms at any time. Paper Balloon owns all rights in and to any promotional code provided to you, and you acknowledge and agree that you have no ownership rights in any form in such codes. You acknowledge and agree that Paper Balloon may limit the number of codes available to you and deactivate or terminate any code at any time in Paper Balloon’s discretion.
Paper Balloon reserves the right to adjust prices in its sole discretion, provided however that any price adjustments will be shown on the My Account page of the Site at least 7 days prior to such change becoming effective. My Account will reflect price changes applicable to your order. You are responsible for checking your My Account page and any order confirmations. Any applicable taxes or other fees are in addition to the Subscription or Purchase charges. Shipping is free when a Subscription is paid for at the time or placing the order. All other shipping is $3.95 per shipment, as shown in the order confirmation. Once we have provided notice through My Account of a price change, your continued use of the Subscription constitutes your authorization of such price change and your agreement to pay those charges.
When you subscribe for one or more occasions through our Subscription, you agree to receive a variety of cards for each occasion as created by Paper Balloon LLC. We are not able to offer subscribing customers the option to hand-pick each card that will arrive in their subscription box. We are committed to offering a variety of high quality cards with exclusive designs for each occasion. All cards are gender neutral and designed to be perfectly suited for children ages 3-12. The designs are created to fit into the overall brand and style of Paper Balloon LLC. If you are unhappy with the selection of cards for any occasion, please contact us at email@example.com.
The Site Material is proprietary to Paper Balloon, and is protected by copyright under both United States and foreign laws. Paper Balloon authorizes you to view and download a single copy of the Site Material for your personal use. Unauthorized use of the Site Material is a violation of the Company’s rights under copyright, trademark, and other laws. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site is prohibited.
The name Paper Balloon LLC and our logos included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to Paper BalloonLLC or an affiliated company. From time to time, we may reference trademarks owned and used by third parties for the purpose of referring to the goods or services of such third party. Any such marks are clearly noted, and we make no claim to ownership of those marks. By way of example, Facebook® is a registered trademark of Facebook, Inc., and Twitter ® is a registered trademark of Twitter, Inc.
We welcome your comments on our Site, products, and Service. However, You acknowledge that if You send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information, (collectively, the “Submissions”) the Submissions shall be deemed, and shall remain Paper Balloon LLC’s property. By submission of any Submissions to us, you assign to us and we shall exclusively own all now known or hereafter existing rights to such Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
As a user of this Site, you are responsible for your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: (1) transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (2) send material that reveals trade secrets, unless you own them or have the permission of the owner; (3) send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (4) send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; (5) send sexually-explicit images; (6) send advertisements or solicitations of business; (7) send chain letters or pyramid schemes; or (8) impersonate another person. We reserve the right to expel users and prevent their further access to this Site for violating these terms or the law and reserve the right to remove any posts from this Site. The violation of any of the terms and conditions set forth in these Terms may result in termination of your subscription and prohibited access to the Site.
PAPER BALLOON LLC DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS” BASIS. PAPER BALLOON LLC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH PAPER BALLOON LLC STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Limitation of Liability/Disclaimer of Consequential Damages
YOU ACKNOWLEDGE AND AGREE THAT PAPER BALLOON LLC’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THIS SITE OR OUR SERVICE WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT SHALL PAPER BALLOON LLC, ITS AFFILIATES, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS SITE OR SITES LINKED TO THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PAPER BALLOON LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
This Site contains links to web sites owned by third parties. These links are provided solely as a convenience to you and are not an endorsement by Paper Balloon LLC of the contents on those other sites. Paper Balloon LLC is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If you decide to visit any third-party sites using links from this Site, you do so at your own risk.
By using this Site, you agree to defend, indemnify, and hold harmless Paper Balloon LLC, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Paper Balloon LLC may become obligated to pay arising or resulting from your use of the Site Material or your breach of these Terms. Paper Balloon LLC reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
This Site originates from the United States of America. Paper Balloon LLC does not claim that the Site Materials on this Site are appropriate or may be used outside of the United States. Access to the Site Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms are governed by the substantive laws of the State of Illinois, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in the State of Illinois with respect to any dispute, disagreement, or cause of action related to or involving this Site. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Site, these Terms constitute the entire agreement between you and Paper Balloon LLC with respect to your use of this Site and our Service.