TERMS &CONDITIONS

LAST UPDATED: June 6, 2023

The Party Hero Web Site (the "Site") is an online store where you can purchase party decor products or services, such as balloons, florals, party accessories, rental pieces and set-ups provided by or through Party Hero, LLC ("Party Hero"), and is available subject to your compliance with the Terms and Conditions set forth below.

Nothing in this Site shall be construed as creating any warranty or other obligation on the part of Party Hero and Party Hero reserves the right to refuse any order even after the order has been placed.

Please read the following information carefully before using this site and processing your order. By using this Site and completing your order you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, do not use this Site and complete an order. Party Hero reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time without prior notice. If modifications are deemed important there will be a notification posted on the website for a reasonable length of time.

1. DIsCLAIMER OF WARRANTIES

THIS SITE, THE MERCHANDISE, AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. These warranties are hereby excluded to the fullest extent permissible by law.

This Site includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content created by Party Hero, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Party Hero. PARTY HERO DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.

2. LIMITATION OF LIABILITY

THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT SHALL PARTY HERO (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS AND SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF PARTY HERO OR AGENTS/REPRESENTATIVES OF PARTY HERO KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL PARTY HERO (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE PRODUCTS AND SERVICES, OR ANY PRODUCTS AND SERVICES REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF PARTY HERO OR AGENTS OR REPRESENTATIVES OF PARTY HERO KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PARTY HERO, ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS AND SERVICES OR ANY PRODUCTS AND SERVICES REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO PARTY HERO FOR THE PAST 12 MONTHS OF THE PRODUCTS AND SERVICES.

3. PAYMENT

PARTY HERO is cashless. Party Hero accepts all major credit cards (Visa, MasterCard, American Express, Discover), as forms of payment.

Party Hero does not keep credit cards on file. A client must submit payment at each order.

To book and reserve an order, full payment must be made. If not, the order is not scheduled for its delivery.

4. PROMOTIONS

Coupons, special offers, sale promotions and discounts cannot be used in conjunction with any other offers. Only one promotion can be used per order and are valid for a limited time only. Some promotions may apply to online orders only, as described. All promotional offers apply to merchandise total before delivery, taxes, fees and gratuity. Promotions are non-transferable, have no cash value and cannot be applied towards a previous order. Party Hero reserves the right to change, cancel, discontinue or delete any or all promotions at any time, for any reason at our sole discretion without notice

Coupons, special offers, sale promotions and discounts only apply to orders placed by the customer directly online at PartyHero.biz. Coupons, special offers, sale promotions and discounts do not apply to custom orders placed with a stylist’s assistance. Once a promotion has expired, it cannot be applied to previous, existing or future orders.

4.1. Giveaways

Party Hero reserves the right to change, cancel, discontinue or delete any or all promotional giveaways at any time, for any reason at our sole discretion without notice. Once a giveaway has ended, the giveaway cannot be reactivated.

5. PRODUCTS AND PRICING

All products on PartyHero.biz, their descriptions and pricing is subject to change at our discretion at any time, without notice. Party Hero reserves the right to modify, suspend or discontinue the sale of a product without notice, at any time. Party Hero is not liable to you or any third party for any change , suspension or discontinuance of any product. In the case that a product is listed at an incorrect price or has incorrect information due to the typographical error or error in pricing or product information received from our suppliers, Party Hero has the right to decline or cancel an order, whether or not it has been paid. Should we cancel your order, we will immediately issue a refund to your payment method and you will be notified. For the safety of Party Hero and its clients, Party Hero uses a third party application for fraud protection purposes. Party Hero is not responsible or liable for any order declined.

6. CUSTOM FEE

Party Hero has an online business, with a vast assortment of products that can easily be purchased online. Party Hero reserves the right to charge a 10% Custom Fee with a $50 minimum customization charge to all orders in which a Party Hero Designer is required to assist due to customization outside Party Hero’s standard inventory or designs. This applies towards custom design requests as well as any order requiring additional materials and resources that are not offered directly online. Party Hero reserves the right to change or remove the Custom Fee at any time for any reason at our sole discretion without notice.

7. GRATUITY

If available, all tips paid through PartyHero.biz are distributed among employees following Party Hero company policies and rules which are subject to change at any given time or for any reason at our sole discretion. Party Hero reserves the right, at any time, to modify, suspend, or discontinue the policy and rules of their tips disbursement among employees. Tips disbursement, policies and rules of Party Hero are private, and will not be shared. Party Hero has no obligation to provide this information to anyone that is not an employee of Party Hero.

8. CANCELLATION

All orders are final and non-refundable 5 days before its scheduled delivery date. Delivery times can only be modified based on availability and must be done 5 days before their scheduled date. If your order is not fulfilled due to a reason, as described in Section 35, solely a credit will be issued. If your order is not fulfilled due to a non related circumstance, a refund will be issued. Cancellations must be done via email by emailing info@partyhero.biz. Party Hero reserves the right to change or remove the Cancellation Policy at any time for any reason at our sole discretion without notice.

9. DELIVERY

Party Hero cannot guarantee a delivery at an exact time and location and offers a delivery window of 3 hours. The purchaser is responsible for confirming the permission of the delivery to the set location, that includes the permission of latex and foil balloons. Party Hero recommends having the purchaser/ or recipient onsite to receive the order. Party Hero does not recommend leaving orders unattended at delivery. Party Hero does not take responsibility or issue refunds if the order is not received by someone upon delivery, or if another person on-site handles, damages, or misplaces the order. Party Hero will only deliver items included in the order. All Party Hero deliveries arrive bagged and will remain bagged upon delivery. Party Hero is not responsible for unbagging an order, unless the set up option has been selected, for an additional cost or was noted at time of purchase as being included.

For any delivery to a building, both commercial or residential, deliveries will be placed in the building lobby or with the door person, if applicable. Deliveries will not be taken upstairs or into private residences unless instructed prior to delivery. No items will be unbagged, set up, positioned, or adjusted unless a set up option has been selected, for an additional cost.

Additional decor, alcohol, or food items not purchased through Party Hero will not be delivered. Party Hero is not responsible or liable, if the purchaser and/or the recipient of a delivery experiences any health issues or illness that follows the receiving of an order.

It is the sole responsibility of the purchaser to receive approval and permission from the hotel, venue, restaurant or space that a delivery will be permitted. It is the sole responsibility of the purchaser to communicate any rules or restrictions that the hotel, venue, restaurant or space may have in regards to an order delivery. Party Hero is not responsible for gaining permission for a delivery under any circumstances, nor is Party Hero responsible for providing the limitations or restrictions a venue, hotel, restaurant or space may have in regards to an order delivery. If an order is placed and is not permitted on the day of the event, Party hero is not responsible or liable and will not issue a refund.

Party hero will only deliver an order once, to one location at the time and place set by the purchaser. If a delivery cannot be delivered for any reason, Party Hero will return the order to the production site and the purchaser will be notified. If a second delivery is made, the purchaser will incur an additional delivery charge and Party Hero is not responsible for any damages to the order. Party hero will not pick up and re-deliver an order after the initial delivery. Undeliverable orders will not be refunded.

Party Hero will photograph all delivery orders upon completion for quality control and Party Hero’s portfolio and social media. For privacy, Party Hero will not photograph the receipt nor will they if it is requested. No photos with a person(s) will be shared on Party Hero’s portfolio or social media pages unless consent is given by those photographed. No contact information of the purchaser or client is shared from any photo from a delivery.

Party Hero will replace balloons that may be damaged during the delivery process upon delivery availability during business hours. If not, a refund will be processed on the specific defective balloon. Party Hero will refund the dollar amount of the defective floral item if damage has occurred during the delivery process. Force Majure, automobile accidents or hazardous conditions that result in the delay or incompletion of a delivery will receive a full refund of the order amount.

Balloons should not remain in bags. Always unbag balloons upon receipt. Party Hero recommends that all balloons be unbagged upon delivery for the best result and prolonged float time. Party Hero is not responsible for condensed float times resulting from balloons left in their bag or for balloons damaged when not unbagged from the Party Hero delivery team.

Changes or cancellations to a delivery must be done via emailing info@partyhero.biz.

10. REROUTING OR RESCHEDULING

All deliveries and setups are solely scheduled for the time reserved at checkout. If a delivery or set up address is changed, it is the sole responsibility of the purchaser to notify Party Hero via email at info@partyhero.biz at least 24 hours in advance of the date of the delivery or setup. It is at the sole discretion of Party Hero if a delivery or setup can be rerouted. All reroutes and rescheduling requests are subject to availability for both deliveries and setups. If a reroute is requested while the order is already in route to its destination, an extra delivery fee will be charged. If Party Hero has arrived at the location and is then asked to reroute a delivery or set up, an extra delivery fee will be charged. A rerouted delivery or setup must remain within Party Hero’s delivery range of no more than 50 miles. If the delivery is further than the original delivery type selected, additional charges will apply.

A Party Hero team member is specifically assigned to each setup during the allotted time reserved at checkout. For all set ups, it is at the discretion of the purchaser if they want to allow for the setup or forgo it. If the purchaser forgos set up, they are responsible for setting up on their own. Party Hero will not return at a later time, date, or location to perform the set up. If the purchaser would like the set up at a time or location other than that originally scheduled, a separate setup fee will be charged. Party Hero cannot deliver an order including set up in one time slot, and return at a later time slot to perform the setup. Party Hero does not deliver to one location, return and re-deliver to a new location for a set up. It is at the sole discretion of Party Hero to accept a rescheduled setup time, based on availability.

11. PICKUP

Pickup is eligible on select orders based on size and availability. It is at Party Hero’s sole discretion if an item is available for pickup or not. For items available for pickup, Party Hero recommends an empty trunk with back seats collapsed when picking up an order. Party Hero is not responsible for any damage for orders picked up. If an order is not picked up on the date and time set, Party Hero is not responsible for any damages that may occur to the order past that time. If a pickup is attempted after Party Hero business hours, the purchaser will need to return the following business day. After one full Party Hero business day of a missed pickup, Party Hero will discard the order. Party Hero will not remake the order.

12. SETUP

Installations & set ups require access to the space by an on-site contact. If necessary Party Hero may contact the purchaser to seek access to the space. If Party Hero cannot gain access to the space, Party Hero is not responsible or liable and no refunds will be issued for incomplete installations or set ups. Additional fees will incur for a second installation or set up.

It is the sole responsibility of the purchaser to receive approval and permission from the hotel, venue, restaurant or space that an installation or set up will be permitted. It is the sole responsibility of the purchaser to communicate any rules or restrictions that the hotel, venue, restaurant or space may have in regards to the installation or set up. Party Hero is not responsible for gaining permission for an installation or set up under any circumstances, nor is Party Hero responsible for providing the limitations or restrictions a venue, hotel, restaurant or space may have in regards to the installation or set up. If an order is placed and an installation or set up is not permitted on the day of the event, Party Hero is not responsible or liable and will not issue a refund. If the client/purchaser is not on-site at the time of the installation or set up, Party Hero will not be responsible for any products described as defective. Party Hero recommends the purchaser or another point of contact on behalf of the purchaser is on-site at the set up. If the purchase or another point of contact is not present, Party Hero may contact the purchaser for instructions, guidance or feedback. In any case, Party Hero will use its best professional judgment of placement in the space and accepts no responsibility, liability and no refunds following the completion of work. If an agreed-upon set up is modified or changed after the order is placed, Party Hero will not take responsibility, liability or issue a refund based on any changes that are made. Party Hero takes no responsibility for any damages to walls or surfaces that are used for an installation or set up. The final installation or set-up will not be an exact recreation of the design rendering included in the proposal. When a proposal is approved, changes cannot be made. Additional fees may occur for changes made to a proposal and set up. Party Hero will have no responsibility for any damages to the products after they have been installed. Party Hero is not responsible for any damages arising to the installation site or its products during or after installation.

You agree that a Party Hero team member will use/apply 3M Command products, fishline, ribbons, two-sided adhesive tape, and other necessary products needed to complete installation/setup to your drywall, mirror, fireplace, stairwell, ceiling lighting, kitchen surface or any surface designated for the installation/setup of Party Hero products. If a strike, you agree that Party Hero will remove all items at sole discretion and will discard completely. You agree to assume any risk associated to damages or any type of accidents resulting from this installation/setup or strike, and releases Party Hero ( including its affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any and all claims of loss or damage that may arise during this installation/setup or strike. Such releases are without limitation, and include attorneys’ fees, personal injury, property damage, and any other losses or damages suffered by you.

Party Hero does not execute set ups or installations when the height of the set up exceeds 10ft. Party Hero has the right to not perform a set up if the installation exceeds the maximum height, in this case, refunds will not be offered.

13. STRIKE

The following terms apply to all strikes, regardless of whether it is purchased online or through a custom design order. It is the sole responsibility of the purchaser to organize the strike date and time with the hotel, venue, restaurant or space. If on the day of the strike, Party Hero cannot gain access or permission to the space, Party Hero is not responsible or liable and will not issue a refund on any strike. An additional fee will be charged for a second strike. Changes to the time of, or the addition of, a strike to an order can be accommodated at an additional fee based on availability. Party Hero will strike and destroy any and all Party Hero products at a strike. If the client does not want certain products or items discarded at the time of the strike, the client must make sure to take items they wish to keep before Party Hero begins the strike process. Party Hero will not strike non-Party Hero decor items. Party Hero will begin the strike at the time agreed upon. A delay or change in strike time can be accommodated based on Party Hero’s availability and will result in an additional fee. For orders requesting a strike, the client is responsible for any damages or losses to Party Hero equipment that may be left on-site prior to the pickup of materials at the end of an event. Party Hero does not offer delivery services for striked items. If a client does not hire Party Hero to strike the order, Party Hero is not responsible, liable and will not issue any refunds for any type of damages to surfaces, materials or personal incident occurred during the client’s takedown process.

14. TEAR DOWN

The following terms apply to all tear downs, regardless of whether it is purchased online or through a custom design order. It is the sole responsibility of the purchaser to organize the tear down date and time with the hotel, venue, restaurant or space. If on the day of the tear down, Party Hero cannot gain access or permission to the space, Party Hero is not responsible or liable and will not issue a refund on any tear down. An additional fee will be charged for a second tear down. Changes to the time of, or the addition of, a tear down to an order can be accommodated at an additional fee based on availability. Party Hero will tear down and destroy any and all Party Hero products at a tear down. If the client does not want certain products or items discarded at the time of the tear down, the client must make sure to take items they wish to keep before Party Hero begins the tear down process. Party Hero will not tear down non-Party Hero decor items. Party Hero will begin the tear down at the time agreed upon. A delay or change in tear down time can be accommodated based on Party Hero’s availability and will result in an additional fee. For orders requesting a tear down, the client is responsible for any damages or losses to Party Hero equipment that may be left on-site prior to the pickup of materials at the end of an event. Party Hero does not offer delivery services for tear down items. If a client does not hire Party Hero to tear down the order, Party Hero is not responsible, liable and will not issue any refunds for any type of damages to surfaces, materials or personal incident occurred during the client’s takedown process.

15. OUTDOOR

Outdoor orders are not guaranteed and non refundable. Weather conditions can affect the integrity of the set up and products. Cold weather, warm weather, wind, humidity, rain, sleet, snow, and direct exposure to sunlight can affect the products and/or the mechanics of the set up.

16. COI

If a COI (Certificate of Insurance) is required for a delivery, it is the sole responsibility of the purchaser to inquire for one from Party Hero at least 72 hours in advance of the delivery. The purchaser must provide any specific instructions and requirements for the COI to Party Hero at that time. Party Hero is not responsible for retrieving any specific requirements for a venue or building’s COI.

A standard COI can be provided upon request by Party Hero. Under no circumstance can the terms of Party Hero’s standard COI be changed or amended.

If Party Hero is not properly notified that an order requires a COI and the delivery or set up is refused, Party Hero is not responsible or liable and no refunds will be issued.

17. PRIVACY

Personal information transmitted to Party Hero will be treated in accordance with our Privacy Policy.

18. GENERAL RULES AND PRACTICES

18.1. Outside Vendors:

Party Hero does not accept or work with external products/ or products not purchased or not offered by Party Hero. This includes ribbons, weights, tassels, garlands and photographs.

18.2. Florals:

All floral orders are final and non-refundable. A floral order cannot be canceled or refunded once submitted. To keep florals looking fresh longer, please change water daily and fill with fresh, cold water. Always remove any leaves or foliage that fall below the water line. Give stems a small new cut with sharp scissors every 2 days. Keep florals out of direct sunlight, away from heat sources and fresh fruit. As this is a natural and organic product, small floral variances may occur. Given the nature of florals, Party Hero cannot guarantee that the floral arrangement delivered will be an exact copy of those shown online and may slightly differ. Party Hero floral arrangements are designed to be freshest for the day of your event. Due to the nature of florals, Party Hero cannot guarantee the longevity of any floral arrangement. Party Hero floral arrangements are not intended to be bitten, licked or ingested by any person, child or pet.

18.3. Pets:

Party Hero is not responsible for product defects for any pet party supply from a third-party supplier. Given the material and nature of balloons and florals, Party Hero balloon decor and floral arrangements are not intended to be bitten, licked or ingested by any pet. Party Hero recommends properly disposing of balloon decor and floral arrangements and keeping trash and/or floral waste away from pets. Party Hero recommends supervising your pet at all times when using Party Hero decor and floral products. Party Hero is not liable for any incidents, injuries or damages caused to your pet when using any Party Hero products.

18.4. Hi-Float and Inflation:

Hi-Float sealant is included and applied to any helium filled latex balloon order. Hi-Float does not guarantee an extended float time on a balloon. Inflation, with helium or air, depending on the product, is included in all balloon orders. Party Hero does not inflate balloons from any outside vendor or supplier. Party Hero does not supply helium or helium tanks for purchase or rent.

18.5. Glossy & Matte Finish

Latex balloons upon first inflation, will have a glossy surface. Some designs will also look translucent. This finish can be temporary and the balloons may begin to appear to have a matte or opaque finish. These changes are a result of oxidation. This change in look is standard for all balloons.

18.6. Foil Balloons:

Party Hero does not recommend or endorse the re-use of products after initial use, especially balloons. If a client decides to re-use a balloon product and is unsuccessful, Party Hero is not responsible.

18.7. Balloon Columns:

For balloon columns used outdoors, the shrinkage process will occur at a faster rate. Party Hero is not responsible for shrinkage for balloon columns used outdoors. Removal of columns is not included and is available at an additional cost.

18.8. Balloon Arches:

For balloon arches used outdoors, the shrinkage process will occur at a faster rate. Party Hero is not responsible for shrinkage for balloon arches used outdoors. Balloon arches using aeropoles or flexpoles require a mandatory strike following the event. If any damages are made to the materials during the event, Party Hero is not responsible. Clients will incur additional charges for replacing damaged items. Organic balloon arches do not have a fixed amount of balloons and the design interpretation is completely left in the hands of Party Hero.

18.9. Balloon Backdrops:

Party Hero recommends installation for all backdrops. If a purchaser forgoes installation, Party Hero is not responsible for any damage the backdrop may cause to walls or surfaces.

18.10. Vinyl Balloons:

Party Hero recommends vinyl message balloons to be used on the day of the event. The vinyl message is a temperature sensitive product, and is not guaranteed to last 24 hours past delivery. For balloon orders with personalization, the purchaser is solely responsible for providing the personalized message or logo if applicable for the order. Failure to do so will result in the order being fulfilled, without the logo/personalization, for the cost of the item. If there is an error with the personalized message or logo, Party Hero is not responsible. If an adjustment needs to be made to the message or logo, Party Hero will accommodate the request based on availability. Party Hero will not issue a refund on any personalized balloons.

18.11. Balloon Bouquets:

Due to the nature of balloons, and their ability to shift during slight movements, Party Hero does not guarantee the balloon bouquet will look exactly like the picture shown online when ordering. Balloon Bouquets are recommended to use on the day of the event and are not guaranteed to float past the day of the delivery.

18.12. Gender Reveal Balloons

For All Gender Reveal Balloon Orders, it is the sole responsibility of the purchaser to provide Party Hero with the gender prior at least 24 hours prior to the order delivery date. If not, the order cannot be completed and will not be refunded. Gender Reveal results must be provided via email only, to info@partyhero.biz, and must include the name and order number. Party Hero is not responsible for obtaining the gender for any order. Gender Reveal results are only accepted via email and cannot be received via postage mail, over the phone or in person.

If the incorrect gender is provided, Party Hero is not responsible or liable and a refund will not be issued.

For the best experience, Party Hero recommends Gender Reveal Balloons to be popped within the first 2-3 hours following the receiving of the order. The experience and longevity may be compromised and not guaranteed if the gender reveal popping balloon is popped the following day.

18.13. Floral:

To keep florals looking fresh longer, please change water daily and fill with fresh, cold water. Always remove any leaves or foliage that fall below the water line. Give stems a small new cut with sharp scissors every 2 days. Keep florals out of direct sunlight, away from heat sources and fresh fruit.As this is a natural and organic product, small floral variances may occur. Given the nature of florals, Party Hero cannot guarantee that the floral arrangement delivered will be an exact copy of those shown online and may slightly differ.

18.14. Rentals/Equipment:

It is the responsibility of the client to maintain the condition of all rentals and equipment ordered and provided from Party Hero. Failure to do so will result in additional charges at the cost of that item.

18.15 Party Supplies:

Party Hero is not responsible for product defects for any party supply from a third-party supplier.

If there is a product defect for a Party Hero manufactured item, a replacement can be made or refund will be processed. Party Hero will accept returns on party supplies in its original packaging, conditions and accompanied with the original order number. Open packages will not be accepted for a return and refund.

18.16 Gift Notes:

If a purchaser chooses to add a gift note to an order, Party Hero will follow the instructions and spelling exactly how it is transcribed by the purchaser. If there is an error with the personalized message, Party Hero is not responsible. If an adjustment needs to be made to the message, Party Hero will accommodate the request based on availability. Party Hero will not issue a refund on order with an incorrect personalized message.

18.17 Eco-Policy:

Party Hero is always striving to implement policies and procedures with our teams to maintain an eco-concious workplace. While the reuse and recycling processes can be complex from a manufacturing and logistics standpoint, we do our best to work with partners that uphold our standards.

19. SUBSTITUTIONS

19.1. Balloon Products:

For balloon orders, if the exact product of a design is unavailable, Party Hero may substitute for another color. This pertains to balloons, weights, ribbon and tassel colors. Should substitutions be made, the overall color palette, shape & design will remain the same.

19.2. Floral Products:

In Party Hero floral arrangements, the colors of an arrangement will be used if possible, which means Party Hero may substitute for other kinds of flowers of equal value. Should substitutions be made, the overall color palette, shape & design will remain the same. For Party Hero arrangements, if a floral container/vase is not available for any reason, Party Hero will substitute it for a similar style.

20. LONGEVITY

20.1. Balloon Float Time Indoors:

Cold air, hot air, high humidity, changing barometric pressure, high altitudes, and moving air from fans and vents will reduce balloon float times. Changing conditions mean that on some balloons may float for only one day, and on other occasions the same balloons may float for several. We guarantee that your balloons will be delivered in good condition, but float times are not guaranteed.

Giant Balloons: Best up to 3 days, can last up to 5 days.

Gender Reveal Popping Balloons: Best up to 5 hours.

11in Bouquets: Best up to 2 days, can last up to 3 days.

16in Bouquet: Best up to 3 days, can last up to 5 days.

24in Centerpiece: Best up to 3 days, can last up to 5 days.

16in Air letters: Best up to 3 days, can last up to 5 days.

Foil balloons: Best up to 3 days, can last up to 5 days.

Column/Table runner: Best up to 3 days, can last up to 5 days.

Floating Arch: Best up to 1 day, can last up to 2 days.

Balloon Garland/Arches (Air Filled): Best up to 3 days, can last up to 5 days.

Backdrop: Best up to 3 days, can last up to 5 days.

Floor Balloons: Best up to 3 days, can last up to 5 days.

Ceiling Balloons: Best up to 1 day, can last up to 2 days.

Number Bouquets: Best up to 2 day, can last up to 3 days.

20.2. Balloon Float Time Outdoors:

Indoor float times do not apply once balloons are taken outside. Party Hero is not responsible for any products installed or taken outdoors. Direct sunlight may make balloons pop, and cold environments may shrink them. Longevity of any kind is not guaranteed for balloons taken outside.

20.3. Floral:

Party Hero fresh floral arrangements are best to display on the first day and can last up to 3 days.

Party Hero dry floral arrangements are best to display up to 10 days, and can last up to 30 days.

Party Hero silk floral arrangements can be displayed without longevity being compromised.

21. DAMAGES

In the event that an order is damaged or is defective, Party Hero offers a replacement or issues a store credit or refund, as agreed upon with the purchaser, based upon availability. Party Hero must receive communication via email at info@partyhero.biz on the day of the delivery, with a photograph of the damaged or defective item in order to be eligible for a replacement, credit or refund. It is at the sole discretion of Party Hero if a replacement, credit or refund may be issued. Party Hero may ask for the purchaser to provide photographic confirmation of any damage or defective product. Failure to do so may result in no replacement, credit or refund being issued.

22. SAFETY

22.1. Balloons:

Helium from a balloon should not be inhaled. While helium is not toxic nor flammable, breathing it in can result in asphyxiation (loss of consciousness due to insufficient oxygen). Party Hero does not recommend or suggest releasing latex or mylar (foil) balloons into the air. Mylar balloons entangled in electric lines can result in power failures.Children under 8 years old can choke or suffocate on un-inflated or broken balloons. Adult supervision is required. Discard broken balloons immediately. Party Hero balloons/balloon arrangements may include natural latex rubber, which may cause allergic reactions.

22.2. Floral:

All florals are not fit for consumption. Please keep them out of reach of children and animals.

22.3. Party Accessories:

Party Accessories may contain small parts and are not intended to be used as toys. Small parts may cause children to choke or suffocate. For all third-party non-Party Hero manufactured items, manufacturers may alter their product packaging and materials may contain more and/or different information than that shown on our website. Party Hero recommends reading all labels, warnings, and directions before using products.

23. ORDERING LEAD TIME

Balloons and florals look their best when they are at their freshest point. Schedule your delivery time on the same day as your event when possible. Balloon orders can be placed for same day or next day delivery, based off of availability. Floral & greenery orders must be placed 5 business days before delivery, in order to ensure availability.

24. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Party Hero and its officers, directors, employees, agents, shareholders, affiliates, and retail partners of any liability, fines, penalties, losses or other damages whatsoever including attorney and expert fees and shall defend Party Hero LLC against any and all claims arising from 1) your violation of applicable US or foreign laws, 2) breaching this agreement, 3) fraud you commit, 4) your misconduct or gross negligence.

25. SITE CONTROL FROM UNITED STATES

This Site is controlled from offices within the United States. Party Hero makes no representation that content or materials in this Site are appropriate or available for use in other jurisdictions. Access to this Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF Oregon WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF Oregon IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.

26. OUR COPYRIGHTED MATERIALS; INFRINGEMENT CLAIMS

The copyrights in all text, images, screens and other materials provided on this Site (collectively, the "Materials") are owned by Party Hero and/or by third parties. None of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without the prior written permission of Party Hero or the copyright owner. Unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the Materials infringe on any of your intellectual property rights, please contact Party Hero immediately at the address provided below. Except as expressly provided herein, Party Hero and the third parties reserve all rights with respect to the Materials, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations, including but not limited to the right to terminate accounts of any user who has infringed a third party’s copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Party Hero’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.

27. TRADEMARKS

Trademarks and service marks that may be referred to on this Site are the property of Party Hero or their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The name of Party Hero or the Party Hero logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. You are not authorized to use our logo as a hyperlink to this Site unless you obtain Party Hero’s written permission in advance.

28. RIGHT TO PRESERVE AND DISCLOSE

Party Hero does not hold or preserve credit card or payment information. Party Hero may preserve other information you provide. Party Hero may also disclose information you provide if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) complete your transaction; (b) comply with legal process; (c) enforce these Terms and Conditions; (d) respond to claims that any materials on this Site violate your rights or the rights of third parties; (e) protect the rights, property, or personal safety of Party Hero, its users and/or the public; or (f) in the event that all or substantially all of Party Hero’ assets are acquired by a third party.

29. PROHIBITED ACTIONS

You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Site to human perceivable form or create derivative works based upon the Site or any part thereof; (b) disable any licensing or control features of the Site; (c) introduce into the Site any virus or other code or routine intended to disrupt or damage the Site, or alter, damage or delete any Materials, or retrieve or record information about the Site or its users; (d) merge the Site or Materials with another program or create derivative works based on the Site or Materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Site to others; (g) use, or allow the use of, the Site or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site. Except as expressly provided herein, Party Hero and the third parties reserve all rights with respect to the Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.

30. PROHIBITION ON SCRIPTS, BOTS, THIRD PARTIES, ETC.

You shall not access or use the Site by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the Site.

31. CREATION ON AN ACCOUNT

You can create an account for this Site, which you can use to make purchases, sign up for our mailing list (which can include special offers), and enter comments on our blog. In order to create an account, we will need your name, shipping address, e-mail address, phone number and your password. This information is governed by our Privacy Policy.

32. INSURANCE OF PASSWORDS

Passwords may not be shared or used by more than one individual. It is each individual user’s responsibility to remember and protect such password and not to disclose it to any other person. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary.

33. OWNERSHIP OF USAGE DATA

Party Hero may collect and aggregate data about your usage of the Site, and Party Hero shall be the sole owner of such information.

34. LINKS

Although Party Hero controls a few hyperlinks in the Site, some links within this Site may lead to third-party sites. Party Hero includes these third-party links solely as a convenience to you. The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that Party Hero is in any way affiliated with the linked site. The Site does not incorporate any materials appearing in such linked sites by reference. Party Hero reserves the right to terminate a link to a third party web site at any time. The third party sites are not controlled by Party Hero, and may have different terms of use and privacy policies, which Party Hero encourages you to review.

35. FORCE MAJEURE

Party Hero will not be liable for any delay or failure to perform its obligations hereunder caused by an event of natural disaster, pandemics, casualty, acts of God or public enemy, riots, terrorism, computer viruses, power outages, governmental acts or such other event of similar nature that is beyond its reasonable control.

36. MUST BE OF LEGAL AGE TO USE THIS SITE

At this Site Party Hero makes no active effort to collect personal information from individuals under the legal age under the laws of the United States or any other applicable state or jurisdiction. Party Hero requires that Site users must be of legal age to use the Site.

37. NOT AUTHORIZED TO DO BUSINESS IN EVERY JURISDICTION

Party Hero is not authorized to do business in every jurisdiction. Information published on this Site may contain references or cross-references to goods or services that are not available in your state or country.

38. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible for typographical errors, omissions or information that is not accurate, complete or current on this site relating to product information, product description, pricing, promotions, discounts, availability or any other content (including, but not limited to, copy, text, logos, images, icons, suggestions, ideas). Party Hero reserves the right to correct, modify or remove any errors, inaccuracies or omissions and to change or update information and pricing at any time without prior notice (including after submission of order).We may provide recipes, party planning tips, ideas, suggestions and other content on our blog or website. We are not responsible for inaccuracies, errors, or omissions of such content. You agree to follow recipes, ideas, tips, and suggestions at your own risk.

39. SUBMITTING CONTENT

You are able to submit content (including, without limitation, copy, text, logos, images, icons, suggestions, ideas) on the site. You must provide information that is current, accurate, true, and complete. You are solely responsible for the content you submit in terms of its reliability, originality, accuracy, appropriateness, and legality. You may not submit content that:

Is confidential, abusive, offensive, violent, pornographic, or criminal;

Is for advertisement, solicitation, commercial purpose, marketing, self-promotion, political views or political purposes;

Impersonates others, or leads to believe that the content is coming from someone other than yourself;

Contains personal information, except where specifically asked;

Speaking on behalf of Party Hero, or expressing opinions concerning Party Hero on behalf of its employees or owners by means of impersonation;

Violates trademark, copyright or any other laws;

Contains chain of letters of any kind;

Is false information.

40. COMMENTS AND REVIEWS

If you decide to provide us with comments or reviews (including, without limitation, feedback, notes, messages, tips, ideas, suggestions, corrective actions, or other communications) you give us the right to edit your comments and to republish them without compensation to you or any other person. By providing comments, you warrant that you have the right to provide the information and that all moral rights in the uploaded materials have been waived. Of course, since you intend for your comments to be public, you understand that you have no expectation of privacy in those comments.

41. ELECTRONIC COMMUNICATION

You recognize and agree that by using this site or sending emails to Party Hero you are communicating electronically with Party Hero and consent to receive electronically, by means of email or other, any communications related to your use of this site. All notices from Party Hero intended for receipt by a customer are deemed delivered and effective when sent to the email address provided to Party Hero.

42. GOVERNING LAW

You agree that these Terms and Conditions including Policies shall be governed and construed in accordance with the laws of the State of Oregon and to be performed within Washington county, without giving effect to any choice of law principles.

43. ENTIRE AGREEMENT; SEVERABILITY

By using this website you acknowledge that you have read and understood these Terms and Conditions and that you agree to be bound by its terms and conditions. You further agree that these Terms and Conditions, together with the Privacy Policy, which is hereby incorporated into these Terms and Conditions by reference, constitute the complete and exclusive statement of the Terms and Conditions between you and Party Hero and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of these Terms and Conditions. If any provision of this Agreement is found unenforceable, it shall not affect the validity of these Terms and Conditions, which shall remain valid and enforceable.

45. CONTACT INFORMATION

For further information, or inquiries about our Terms and Conditions, please contact:

503.610.2565

info@partyhero.biz