Terms of service

OVERVIEW
Welcome to Ballontastisch! The terms “we,” “us,” and “our” refer to Ballontastisch. Ballontastisch operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Ballontastisch is powered by Shopify, which enables us to provide you with the Services.

The following Terms of Service, together with the policies referenced herein (these “Terms” or “Terms of Service”), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully, as they contain important information about your legal rights and cover topics such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access the Services.

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are of legal age in the state or region in which you reside and have given us consent to allow your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you are fully authorized to provide such information.

You are solely responsible for the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS
We have made every effort to accurately display our products and services in our online stores. However, colors or appearances of products may differ from what you see on your device due to device settings and configurations.

We make no warranties that the appearance or quality of the products or services you purchase will meet your expectations or match the representations in our online stores.

All product descriptions are subject to change at our sole discretion at any time without notice. We reserve the right to discontinue products at any time and to limit quantities offered to any person, geographic region, or jurisdiction.

SECTION 3 – ORDERS
By placing an order, you make an offer to purchase. Ballontastisch reserves the right to accept or reject your order at our sole discretion for any reason. Your order is considered accepted only after Ballontastisch confirms it. Acceptance of your order requires receipt and processing of your payment. Please review your order carefully before submitting it, as Ballontastisch may not be able to accommodate cancellation requests after an order is accepted.

If we do not accept, modify, or cancel your order, we will attempt to notify you via the email address, billing address, and/or phone number provided during the order.

You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions may change without prior notice. The price of a product or service is the price at the time of order, as indicated in the order confirmation email you receive. Unless explicitly stated otherwise, prices do not include taxes, shipping, handling, customs, or import fees.

Prices in our online stores may differ from prices in physical stores or third-party stores. From time to time, we may offer promotions that affect pricing, subject to different terms than these Terms. In case of conflict between a promotion’s terms and these Terms, the promotion terms prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information. You agree to update your account and other information, including email address, credit card numbers, and expiration dates, promptly so we can complete transactions and contact you if necessary.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are authorized to use the credit card for the purchase, (iii) charges incurred will be honored by your credit card company, and (iv) you will pay all charges, including shipping, handling, and applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, or events beyond our control. Once we deliver products to the shipping carrier, ownership and risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, logos, text, images, graphics, product reviews, audio and video files, and their selection and arrangement, are the property of Ballontastisch, its affiliates, or licensors, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms grant you the right to use the Services for personal, non-commercial purposes only. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, perform, republish, download, store, or transmit the materials.

Unless explicitly provided herein, no provision of these Terms grants you a license or rights to patents, trademarks, copyrights, or other intellectual property of Ballontastisch, Shopify, or third parties. Unauthorized use may violate federal and state intellectual property laws. All rights not expressly granted are reserved by Ballontastisch.

The names, logos, product and service names, designs, and slogans of Ballontastisch are trademarks of Ballontastisch or its affiliates or licensors and may not be used without prior written permission. Shopify’s name, logo, product, and service names are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may access optional customer tools provided by third parties as part of the Services, which we neither monitor nor control.

You acknowledge that we provide access to such tools “as is” and “as available,” without warranties or endorsements of any kind. We disclaim any liability arising from the use of optional third-party tools.

Use of optional tools is at your own risk. You are responsible for reviewing and accepting any terms of use provided by the third-party provider.

We may offer new features in the future as part of the Services, which are also subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain material and hyperlinks to third-party websites. We are not responsible for the content or accuracy of materials on third-party websites. Accessing third-party sites is at your own risk.

We are not liable for damages or losses resulting from your access to third-party websites or purchases from them. You should review the policies of third parties carefully before conducting any transactions.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
Ballontastisch is powered by Shopify. All sales and purchases in our store are made directly with Ballontastisch. By using the Services, you acknowledge that Shopify is not responsible for any aspect of transactions between you and Ballontastisch. You release Shopify and its affiliates from all liability relating to purchases and transactions with Ballontastisch.

SECTION 10 – PRIVACY POLICY
All personal data collected through the Services is subject to our Privacy Policy [LINK]. Some personal data may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal data to provide and improve the Services. Data you submit may be shared with Shopify and third parties in other countries to provide the Services. For more information, see our Privacy Policy [LINK].

SECTION 11 – FEEDBACK
By submitting feedback (ideas, suggestions, reviews, or other content), you grant Ballontastisch a worldwide, royalty-free, sublicensable license to use, copy, modify, publish, distribute, and display it for any purpose, including commercial use.

You represent and warrant that: (i) you own all feedback content or have the necessary rights; (ii) you disclosed any compensation or incentives received; and (iii) your feedback complies with these Terms.

We may, but are not obligated to, monitor, edit, or remove feedback deemed illegal, offensive, infringing, or otherwise objectionable.

You warrant that your feedback does not violate third-party rights, contain false information, or include malware. You are solely responsible for the accuracy of your feedback.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Information on the Services may occasionally contain errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, shipping costs, timelines, and availability. We reserve the right to correct, change, update, or cancel information at any time without notice.

SECTION 13 – PROHIBITED USES
You may only use the Services for lawful purposes. You may not use the Services to:

  • Violate laws or regulations

  • Infringe intellectual property rights

  • Harass, abuse, or harm others

  • Provide false or misleading information

  • Transmit viruses or harmful code

  • Engage in spam, phishing, or scraping

We reserve the right to suspend or terminate accounts that violate these Terms.

SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services at any time without notice. You remain liable for all amounts due up to termination.

Sections on intellectual property, feedback, prohibited uses, disclaimers, and limitations of liability survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
The Services are provided “as is” and “as available,” without warranties of any kind. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee continuous, secure, or error-free operation, or that defects will be corrected.

SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Ballontastisch and its affiliates are not liable for indirect, incidental, consequential, special, punitive, or exemplary damages, or damages for loss of profits, revenue, or data arising from or related to the Services.

Our liability for direct damages is limited to the amount you paid for the product or service causing the damage.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Ballontastisch, its affiliates, and their officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including attorney fees) arising from your use of the Services or violation of these Terms.

SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will remain in effect to the maximum extent permitted by law, and the unenforceable portion will be deemed severed from these Terms. The validity and enforceability of the remaining provisions will not be affected by such a determination.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules published by us on this website or relating to the Services, constitute the entire agreement between you and us and govern your use of the Services. They supersede all prior or contemporaneous agreements, communications, and offers, whether oral or written, between you and us (including, but not limited to, previous versions of these Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the party that drafted them.

SECTION 20 – ASSIGNMENT
You may not assign, transfer, or delegate this agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so is null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you Services are governed by the federal and state or territorial courts of the country in which Ballontastisch is headquartered and are to be construed accordingly. You and Ballontastisch consent to the jurisdiction and personal authority of these courts.

SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and have no effect on the interpretation of these Terms of Service.

SECTION 23 – CHANGES TO TERMS OF SERVICE
You can view the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will inform you of any material changes to these Terms in accordance with applicable law. Such changes take effect on the date indicated in the notice. Your continued use of or access to the Services after such posting constitutes your acceptance of the changes.

SECTION 24 – CONTACT INFORMATION
If you have any questions regarding these Terms of Service, please contact us at ballontastisch@gmail.com.

Our contact details are as follows:
Emre Koca
ballontastisch@gmail.com
+49 173 2153887