SITE CONTENTS, OWNERSHIP AND USE RESTRICTIONS
The information contained in this Site including all images, logos, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, service marks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by Lauderdale Paper & Balloon Company and/or its subsidiaries and affiliates (collectively referred to herein as "Lauderdale Paper & Balloon") or are the property of their respective owners. The name Lauderdale Paper & Balloon and the Lauderdale Paper & Balloon logo are registered marks of Lauderdale Paper & Balloon. Permission is hereby granted to display, copy, distribute, download, and print in hard copy portions of this Site for the express limited purposes of: (1) placing an order with Lauderdale Paper & Balloon; or (2) using this Site as a shopping resource, provided that you do not modify the Site and that you retain all copyright and other proprietary notices contained in the Contents. Except in connection with the aforementioned express limited purposes of shopping and/or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied, or reproduced without the express prior written permission of Lauderdale Paper & Balloon or the applicable copyright owner. Please note that the permission granted herein automatically terminates upon any breach of any of the Site terms or conditions contained herein by you, your agent and/or representative. Any other use of the Contents on this Site including, but not limited to, reproduction for purposes other than those limited exceptions noted above, as well as any reproduction, modification, distribution, or republication, may violate copyright and/or trademark laws, and, without the express prior written permission of Lauderdale Paper & Balloon, is strictly prohibited.
As a matter of law, Lauderdale Paper & Balloon can only sell licensed products for use in the United States. As such, by accepting this agreement, you expressly agree not to export outside of the United States any licensed products purchased from Lauderdale Paper & Balloon.
As a function of this Site, Lauderdale Paper & Balloon may provide certain hypertexts links to other companies and/or third-party websites. While such links exist to offer Customers a more comprehensive source of information with regard to its industry, Lauderdale Paper & Balloon cannot offer any guarantee or warranty as to the information contained therein, including the validity or accuracy of said information, in addition to any products or services which are offered or referenced in any such link. As such, Lauderdale Paper & Balloon cannot be held liable for any damages of any nature claimed by any person and/or entity as a result of their respective use of any links or references on this Site.
ABOUT OUR PRICES
The prices advertised on this Site are for Internet orders only. Prices on some items may differ from those charged at Lauderdale Paper & Balloon’s warehouse. Prices and the availability of items are subject to change without notice. Any "list prices" used on this Site are the manufacturers' suggested retail prices and may not be indicative of the actual selling prices in your area. Any reference to "savings" used on this Site indicates the average savings off the "list price". Your actual savings will vary depending upon the goods purchased and the date of the transaction. We reserve the right to limit sales, including the right to prohibit sales to re-sellers. We are not responsible for typographical or photographic errors. All prices and availability information are subject to change without notice.
In the event that an error has occurred in quoting the pricing of any merchandise, freight or delivery charges to the Customer, Lauderdale Paper & Balloon reserves the right to change any such price to the actual applicable price that should have been initially quoted. Lauderdale Paper & Balloon will make every reasonable attempt to notify the Customer in the event of such an error or change.
The Customer herein accepts full responsibility for payment of all invoices reflecting the purchase of any products or materials from Lauderdale Paper & Balloon, including any late charges, interest, costs and attorney’s fees incurred in collecting on any such outstanding invoices. We reserve the right to assess a late fee of 1.5 % per month or the highest rate permitted by law on all unpaid balances or invoices. Any payments received are first applied to any unpaid late fees and then to any unpaid balances. Lauderdale Paper & Balloon does not accept checks from first time customers. Likewise, we reserve the right not to accept checks as payment in any transaction.
There is a $30.00 charge for all returned checks, plus any bank fees, attorney’s fees and costs incurred by Lauderdale Paper & Balloon as a result of attempts to collect on any such returned check.
A charge of $3.75 will be applied to all drop shipments.
There will be an up charge of $7.50 for all orders under $50.00 without prior notice. We will make every effort to do “add ons” but once the order is invoiced any additions must be considered a new order and must meet a new minimum.
To ensure accuracy, faxed orders or orders submitted via e-mail or the website are preferable methods as opposed to phone orders. As such, faxed orders or orders received online or by e-mail will receive priority treatment. LP has a toll free fax number, 800-523-3472, which is available 24 hours a day. For consumer protection, all orders are subject to review. On occasion, this may cause a slight delay in processing your order. Your patience is greatly appreciated.
All backorders under $25.00 will be cancelled. The Customer is responsible for all freight charges on any backorders.
For our Florida Customers, Sales Tax will be applied unless a Florida Department of Revenue Resale Tax Number Certificate is provided prior to the point of sale. The Customer’s business name must match the name identified or reflected on the Resale Tax Number Certificate. The Customer may provide a copy of the original Tax Resale Certificate in person, via fax, e-mail or U.S. mail. Lauderdale Balloon & Paper will not provide any tax related refunds for Resale Tax Number Certificates provided after the point of sale.
USER COMMENTS, FEEDBACK, AND OTHER INFORMATION SUBMISSIONS PROVIDED BY YOU
You agree that any materials, information, and/or ideas that you transmit to this Site or otherwise provide to Lauderdale Paper & Balloon ("Transmissions") shall be and remain Lauderdale Paper & Balloon’s property. All Transmissions will be treated as non-confidential and non-proprietary and Lauderdale Paper & Balloon shall be under no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the Transmissions to others without limitation. Additionally, Lauderdale Paper & Balloon shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing, or marketing products which incorporate such information. You further agree that Lauderdale Paper & Balloon may use information about your demographics and use of this Site in any manner that does not reveal your identity. In addition, you agree, and are hereby put on notice, that you are prohibited from posting and/or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under the law. You are solely responsible for the content of any comments you make.
PICTURES ON WEBSITE AND CATALOGS
Colors of product you receive may vary from the color shown in Catalogs or the website due to die lots and/or other circumstances which are out of Lauderdale Paper and Balloon’s control.
SHIPPING COSTS AND GUARANTEES
All orders are normally shipped either the same day or next day that the customer’s order is placed. We ship all orders via U.P.S. ground delivery unless otherwise instructed at time of the order. U.P.S. Next Day Air, 2nd Day Air, and 3 Day Select are also available upon request. Please note that delivery options via Air may be affected by the applicable dimensions and weight of the product(s) being shipped and may result in increased shipping costs. All Shipments are F.O.B., Hollywood, Florida.
All shipping guarantees, liabilities and obligations are solely provided by and the responsibility of the shipping carrier and are in no way the obligation of Lauderdale Paper & Balloon. Any reshipments will be done via U.P.S. ground delivery unless the customer expressly requests to upgrade to a more expedient or other mode of shipping at the customer’s own expense. Shipping will be added after order is placed in our warehouse. In the event that the customer desires to know the shipping amount before the order ships, please notify us in the “Optional questions or comments about your order” box.
DISCLAIMER OF WARRANTY
LAUDERDALE PAPER & BALLOON IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND, AS SUCH, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS NON-INFRINGEMENT. ALTHOUGH LAUDERDALE PAPER & BALLOON BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, LAUDERDALE PAPER & BALLOON DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL LAUDERDALE PAPER & BALLOON BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES WHICH ALLEGEDLY RESULT FROM THE LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, WHICH ARISE OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE OR ANY INFORMATION CONTAINED HEREIN. Please be advised that in an effort to provide our customers with the most current information, Lauderdale Paper & Balloon will, from time to time, make changes in the Contents and in the products or services described on this Site.
All sales are final. Any returns must first be authorized by Lauderdale Paper & Balloon. A 20% restocking charge will apply to any returns. An RA # is required to return any product and can be obtained by calling Lauderdale Paper & Balloon. Returns are accepted only with the correct RA # on the outside of the package. Any products returned without this number will not be accepted. Products must be returned within 30 days of original purchase and factory sealed. Seasonal merchandise may not be returned. Electronics and helium related items can only be returned if they are defective and a claim is made within 48 hours of buyer’s receipt of any such product. Returns must be accompanied by a copy of the original invoice. Buyer is responsible for paying any freight incurred due to a return. Refer to catalog for any additional restrictions or terms. Lauderdale Paper & Balloon reserves the right to refuse any returns for any reason.
SHORTAGES, DAMAGES AND MISTAKES
Please open the boxes of shipped product immediately upon arrival!!! If boxes are damaged upon arrival, mark “damaged” on the driver’s record when you sign for same and call Lauderdale Paper & Balloon immediately to learn how to file a claim with the shipper. As an alternative, you may also refuse to accept the shipment. Upon opening the boxes, if there are any errors of any kind we must be notified within three (3) business days of delivery.
You must allow us a reasonable amount of time to correct any errors found, if possible, whether your error or ours, without resorting to extraordinary shipping methods. In the event that any such error is Lauderdale Paper and Balloon’s fault, any shipping related to our attempts to remedy the problem will be via U.P.S. regular ground freight delivery.
To efficiently assist you in resolving any errors or problems associated with the merchandise received please have ready and available the following information at the time you contact us with regard to any such errors or problems:
Account number; Credit Card Number; Business Name and Shipping Address Change of Address if Applicable; and All Pertinent Item Numbers;
In this industry, there is a small waste factor due to the handling and display of the product, as well as the nature of the product itself. As a result, Lauderdale Paper & Balloon does not issue any credits for miscellaneous or accumulated damaged product. A major defect made by the manufacturer is handled differently. Please call us should this be the case. Lauderdale Paper & Balloon is not responsible for any incidental or consequential damages, such as waste of helium or loss of expected or anticipated party-decorating profits, etc.
Lauderdale Paper & Balloon shall exercise great caution in packaging and shipping any merchandise purchased by its Customers. However, with regard to merchandise made from foam, please be advised that foam, by its very nature, is a very fragile material and, as such, shipping any of our foam based merchandise contains an inherent risk. Therefore, the Customer shall be solely responsible for curing or correcting any minor damage or defects found in any foam products upon receipt from shipping, including any reasonable repairs.
In the event that any balloons or other merchandise received by Customer from Lauderdale Paper & Balloon are incorrect, defective or a color different than what the Customer ordered, then the Customer must immediately notify Lauderdale Paper & Balloon upon the discovery of any such defect or error. If any such complaint is received by us subsequent to the Customer using the merchandise, then the Customer’s damages and/or remedy, if any, shall be limited to the wholesale value or cost of the merchandise in question. In addition, the Customer must return any such defective or incorrect product as soon as is practicable in order to be considered for any type of refund. Lauderdale Paper & Balloon reserves the sole discretion on what steps to take, if any, to resolve any such complaint. In the event that Lauderdale Paper & Balloon does agree to remedy any such problem by resending additional merchandise as a substitute, it will be shipped via U.P.S. regular ground freight delivery.
Where any returned merchandise cannot be resold due to the merchandise in question having been opened or damaged by the Customer, then Lauderdale Paper & Balloon will not take back any such merchandise. If Lauderdale Paper & Balloon chooses not to accept the return of any such merchandise, then the Customer shall be responsible for ensuring that payment for the merchandise has been made, as well as any additional delivery/freight charges if customer chooses to take back such merchandise.
Lauderdale Paper & Balloon is not responsible for any errors on our website or any printed materials received from us or any third-party advertising merchandise which we sell. In the event that any images on our website are inaccurate and the Customer orders the wrong item as a result of any such error, we will make every effort to correct or remedy the situation. However, in any attempt to resolve the problem Lauderdale Paper & Balloon will only reship any such corrected merchandise via U.P.S. ground freight. The customer is solely responsible for the costs incurred in any upgrade of freight charges.
In the event that Lauderdale Paper & Balloon brings suit to enforce any of the terms contained herein, it shall be entitled to an award of the reasonable attorneys’ fees, costs and expenses it incurred in any such litigation matter if it is the prevailing party. In addition, in any suit brought to enforce or related to any of the terms contained herein, venue shall reside solely in Broward County, Florida and any such litigation shall be governed by Florida law.
You herein agree that you shall indemnify and hold harmless Lauderdale Paper & Balloon and its directors, officers, employees and agents from and against any and all third-party claims, liabilities, losses or damages (including reasonable attorneys’ fees, expenses, costs and/or costs of settlement) arising out of or with respect to any of the terms contained herein to the extent that the claim, liability, loss or damage is caused by, relates to or arises out of your breach of any of the terms or obligations contained herein.