We now sell our deflated balloons and gift products within Australia.

Terms and Conditions

This website is operated by JOLLY UP.  Throughout the site, the terms “we”, “us” and “our” refer to JOLLY UP. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.  The information is intended for residents of Australia only.

We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

General conditions

  • We reserve the right to refuse service to anyone for any reason at any time.
    You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
  • You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
  • The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Product descriptions & replacement

  • We strive to describe and present our products and services as accurately as possible, however we are not responsible if information made available on this site is not accurate, complete, or current. Where we become aware of any misdescription, we reserve the right to correct any error or omission. From time to time a particular item may be sold out in a gift box and we will in that instance source and provide an alternative item of similar description and value.

Food allergy disclaimer

  • Any food products JOLLY UP provides via our suppliers always have a risk of possible allergen contamination. All clients and their recipients shall read the labels before consumption. JOLLY UP will not be responsible for adverse reactions to food consumed including labelled and non-labelled food products.

Product orders

  • We supply and dispatch our gift box products to customers within Australia. Balloon bouquets are delivered within Metropolitan Melbourne only.
  • We strive to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
  • All prices are in Australian Dollars (AUD) and are inclusive of GST unless stated otherwise. We endeavour to ensure that our price list is current. 
  • Shipping and postage are additionally charged, calculated at time of purchase.
  • The quoted shipping charge is for delivery to the front door or base of the building at the delivery address, or the first contact point of the delivery address from the access road, with such location to be at the sole discretion of the delivery driver. Our delivery partner does not carry products into lifts, up stairwells, through corridors or any other thoroughfare to get to individual rooms, suites or apartments unless stated otherwise.
  • When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
  • Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment.  Our terms of payment are set out on the order page.
  • For all Standard Delivery orders, all risk of loss or damage to the goods passes to you when we dispatch the goods.

Order cancellation

  • Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

Return / refund policy / damaged item

At JOLLY UP, we take exceptional dedication in delivering our customers an amazing customer service, beautifully balloon bouquets and gift boxes that you and your recipient will fall in love with. If your item is faulty, or does not arrive in the condition that it left our studio. Please contact us within 7 business days at  info@jollyup.com.au with details of the damage with a photo attached, to discuss how we can rectify the issue i.e with a replacement of the item damaged. If the sender has provided JOLLY UP with an incorrect address, we are unable to provide refunds after the item has left our studio.

Disclaimer

  • Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
  • To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
  • We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Statutory guarantees and warranties to consumers

  • Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. 
  1. Schedule 2 of the C&C Act; and
  2. those statutory guarantees, all of which are given by us to you if you are a consumer.

If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-

  1. We will repair or replace the goods or any part of them that is defective; or
  2. Provide again or rectify any services or part of them that are defective; or
  3. Wholly or partly recompense you if they are defective.

As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-

  1. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
  2. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
  3. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.

Limitation of liability

  • If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights.  If you are not a consumer:
  1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
  2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
  3. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
  4. We do not participate in any way in the transactions between our users.

Indemnity

  • By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs, and expenses including legal fees arising from or in connection with your use of our website.

Force majeure

  • If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days notice to you. “Force Majeure” means any act, circumstance, or omission over which we could not reasonably have exercised control.

Governing law

  • These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

Privacy & Membership

  • We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
  • When you sign up for newsletter at JOLLY UP you agree for us to send you marketing material on an intermittent basis.
  • Our compliance with privacy legislation is set out in our separate Privacy Policy.