General

1. Use of the Website

1.1 Minimum Age Requirement

You must be at least thirteen (13) years old to access or browse this website. By accessing or using this website, you represent that you meet this minimum age requirement.

However, to create an account, make purchases, or engage in any transaction or service requiring the submission of personal or payment information, you must be at least eighteen (18) years old. By creating an account or placing an order, you represent and warrant that you are at least 18 years of age and legally capable of entering into a binding agreement.

If you are under 18, you may not create an account, make purchases, or provide personal or payment information through the website. We reserve the right to restrict, suspend, or terminate access, accounts, or transactions if we believe a user does not meet these requirements.

1.2 Acceptable Use

You agree to use this website only for lawful purposes. You may not:

• Use the website in any way that violates applicable laws
• Attempt to gain unauthorized access to systems or data
• Interfere with website functionality or security
• Submit false or misleading information

We reserve the right to suspend or terminate access at our discretion.

2. Products and Services

Party and Fun offers a range of custom and pre-designed products, including gift arrangements, floral designs, candy-based creations, balloon displays, and a variety of related add-ons and enhancements. Our products may be handcrafted, assembled to order, or sourced from third-party suppliers, and may vary slightly in appearance, packaging, or composition due to availability, seasonal changes, and the nature of custom design. By purchasing from us, you acknowledge that certain items are uniquely prepared and may not be identical to images or prior orders.

2.1 Product Customization

Certain products may include customization options, presets, or add-ons, and all selections are considered final once submitted. You are responsible for carefully reviewing all selections, including product configurations, quantities, add-ons, and any entered text, before completing your purchase. We are not responsible for errors, omissions, or unintended selections made during the customization or checkout process.

• Ensure all selected options and add-ons are correct prior to checkout
• Verify spelling, grammar, and accuracy of any custom text or notes
• Confirm quantities, delivery details, and product configurations before submitting your order

2.2 Product Availability

All products are subject to availability and may be limited due to demand, seasonality, or supply constraints. We reserve the right to:

• Limit quantities
• Discontinue products
• Substitute items of equal or greater value when necessary
• Adjust availability or offerings without prior notice

3. Orders and Checkout

3.1 Order Acceptance

All orders are subject to acceptance. We may cancel or refuse any order for any reason, including but not limited to suspected fraud, pricing errors, product availability issues, or violations of these Terms.

3.2 Pricing

Prices are listed in USD and may change without notice. Sale pricing may be time-limited.

3.3 Payment Processing

Payments are securely processed through third-party providers (e.g., Stripe). We do not store full payment details.

3.4 Cart and Session Behavior

Your shopping cart is tied to your session and may expire or be cleared at any time.

4. Delivery and Fulfillment

Delivery details are provided separately in our Delivery Information page. By placing an order, you agree that:

• Delivery times are estimates, not guarantees
• You are responsible for accurate delivery information
• We are not responsible for delays caused by external factors

If delivery cannot be completed due to incorrect information or recipient unavailability, additional fees may apply.

4.1 Cash Creations (Delivery Only)

Certain products, including but not limited to money bouquets, cash arrangements, or any product containing currency (“Cash Creations”), are strictly limited to local delivery and are not eligible for shipping under any circumstances.

By purchasing a Cash Creation, you agree that:

• The order must be delivered to a valid delivery address within our service area
• Shipping options will not be available or permitted for these products
• A recipient or authorized individual may be required to accept delivery in person
• Additional verification or confirmation may be required at the time of delivery

We reserve the right to cancel or modify any order that includes Cash Creations if a valid delivery method cannot be fulfilled.

4.2 Third-Party Carriers (Shipping)

For eligible products, we may utilize third-party shipping providers, including but not limited to FedEx, UPS, USPS, or other carriers, to fulfill and deliver orders.

By selecting shipping at checkout, you acknowledge and agree that:

• Shipping timelines are estimates provided by the carrier and are not guaranteed by us
• Once an order is transferred to the carrier, responsibility for transit timing and handling is shared with the carrier
• We are not liable for delays, damage, or loss caused by the carrier, though we will assist in filing claims when applicable
• Tracking information will be provided when available, and it is the customer’s responsibility to monitor delivery status
• Delivery completion is determined by the carrier’s confirmation (e.g., delivery scan, photo, or signature, if applicable)

We reserve the right to choose the shipping carrier and service level unless otherwise specified at checkout.

4.3 Mixed Fulfillment Orders

Some orders may include products with different fulfillment requirements, such as items eligible for shipping and items that require local delivery. If an order contains both shippable products and delivery-only products, we may split the order into separate fulfillment methods, require the entire order to be completed by local delivery, or contact you to modify the order before fulfillment.

By placing a mixed fulfillment order, you acknowledge and agree that:

• Certain products may not be eligible for shipping, even if other items in the same order are shippable
• Additional delivery, shipping, handling, or service fees may apply depending on the final fulfillment method
• Delivery-only items must be fulfilled within our approved delivery area
• Shipping and local delivery portions of an order may arrive at different times
• We may cancel, adjust, or request changes to any portion of the order if the selected fulfillment method is not available

We reserve the right to determine the appropriate fulfillment method for mixed orders based on product type, delivery area, shipping restrictions, safety, compliance, and operational requirements.

5. Refunds and Cancellations

Due to the custom, handmade, perishable, and time-sensitive nature of many products sold by Party and Fun, refunds and cancellations are limited. Once an order has been accepted, prepared, customized, assembled, dispatched, delivered, or otherwise fulfilled, it may no longer be eligible for cancellation, refund, exchange, or store credit.

5.1 Cancellation Requests

Cancellation requests must be submitted as soon as possible after placing an order. We may approve or deny a cancellation request based on the order status, product type, preparation stage, fulfillment method, and whether materials or third-party services have already been purchased or scheduled.

5.2 Non-Refundable Items

The following items are generally non-refundable once ordered, prepared, or fulfilled:

• Custom or personalized products
• Perishable items, including flowers, candy, food-adjacent gifts, and similar products
• Balloon arrangements or inflated balloon products
• Add-ons, bundled items, and special-order materials
• Delivery, shipping, handling, service, or processing fees
• Cash Creations, including money bouquets, cash arrangements, or any product containing currency

5.3 Cash Creations

Cash Creations are final sale and non-refundable once the order is accepted, prepared, or fulfilled. Because these products may contain currency and require special handling, verification, and delivery procedures, refunds, exchanges, substitutions, or cancellations may be denied after order acceptance.

5.4 Case-by-Case Review

We reserve the right to evaluate refund, cancellation, replacement, or store credit requests on a case-by-case basis. Approval of any request is at our sole discretion and does not guarantee the same outcome for future orders.

6. Intellectual Property

All content on this website—including text, images, branding, and design—is the property of Party and Fun, Santa Is Here, LLC or its licensors.

You may not reproduce, distribute, or use content without permission.

7. User Submissions

If you submit content (e.g., notes, messages, or customization details):

• You grant us a non-exclusive right to use it for order fulfillment
• You confirm that your content does not violate any laws or rights

8. Limitation of Liability

To the fullest extent permitted by law, Party and Fun, Santa Is Here, LLC, and our owners, employees, contractors, suppliers, service providers, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of the website, purchase of products, delivery or shipping of orders, delays, product substitutions, product variations, or inability to use our services.

This limitation applies to claims based on contract, tort, negligence, strict liability, warranty, statute, or any other legal theory, even if we have been advised of the possibility of such damages.

Without limiting the above, we are not responsible for:

• Losses caused by inaccurate customer information, including incorrect addresses, contact details, delivery instructions, or recipient information
• Delivery or shipping delays caused by weather, traffic, carrier issues, supply shortages, force majeure events, or other circumstances outside our reasonable control
• Damage, loss, theft, melting, wilting, deflation, spoilage, or deterioration after an order has been delivered, shipped, left at the provided address, accepted by a recipient, or confirmed as delivered by a carrier or delivery provider
• Customer dissatisfaction based solely on reasonable product variations, substitutions, packaging differences, or the handcrafted nature of our products
• Issues caused by third-party services, payment processors, shipping carriers, delivery providers, hosting providers, email providers, analytics providers, or other vendors
• Unauthorized access to your account or order information caused by your failure to maintain the confidentiality of your login credentials, device, email account, or payment information

To the fullest extent permitted by law, our total liability for any claim arising from or related to a product, order, service, website use, or these Terms shall not exceed the amount you paid to Party and Fun for the specific product or order giving rise to the claim.

9. Disclaimer of Warranties

All products and services are provided "as is" without warranties of any kind.

We do not guarantee:

• Continuous website availability
• Error-free operation
• Exact product appearance (due to handcrafted nature)

10. Third-Party Services

We may use third-party services for payment processing, analytics, and other functions. We are not responsible for their actions or policies.

11. Communications and Marketing

By using our website or making a purchase, you may receive communications from us, including:

• Order confirmations and transactional emails
• Customer service responses
• Promotional emails, newsletters, and special offers

11.1 Consent to Communications

By providing your email address, you consent to receive necessary transactional communications related to your orders and account.

11.2 Marketing Communications

You may also receive promotional emails if you opt in or make a purchase. These may include:

• Holiday promotions
• Product announcements
• Special offers and discounts

11.3 Opt-Out

You may unsubscribe from marketing emails at any time by clicking the "unsubscribe" link in any email. Opting out does not affect transactional emails related to your orders.

11.4 Third-Party Email Services

We may use third-party providers to send communications. These providers process your data in accordance with our Privacy Policy.

12. Account and Security

If you create an account, you are responsible for maintaining the confidentiality of your login information and for all activity that occurs under your account. You agree to provide accurate, current, and complete account information and to update it when necessary.

You are responsible for:

• Keeping your login credentials secure
• Ensuring your account information, contact details, and saved addresses are accurate
• Notifying us promptly if you believe your account has been accessed without authorization
• Using your account only for lawful purchases and legitimate website activity

We reserve the right to suspend or terminate accounts, restrict access, cancel orders, or request additional verification if we believe an account has been misused, compromised, created with false information, or used in violation of these Terms.

13. Modifications to Terms

We may update these Terms at any time. Continued use of the website constitutes acceptance of the updated Terms.

14. Governing Law

These Terms are governed by the laws of the State of Texas.

15. Contact Information

Party and Fun Owned by Santa Is Here, LLC

• General Support: support@partyandfun.com

16. Additional Terms (E-Commerce Specific)

16.1 Add-Ons and Bundled Items

Products may include optional add-ons. These are:

• Subject to availability
• Priced separately unless stated otherwise
• Non-refundable once fulfilled

16.2 Promotional Offers

Promotions, discounts, and free shipping offers:

• May have conditions
• Can be modified or revoked at any time

16.3 Order Modifications

Once an order is placed:

• Changes may not be possible depending on processing stage
• Additional fees may apply

17. Fraud Prevention and Security

We reserve the right to:

• Cancel suspicious orders
• Request verification information
• Refuse service to protect against fraud

18. Events Outside Our Control

We are not responsible for delays, interruptions, or failures caused by events outside our reasonable control, including:

• Severe weather or natural disasters
• Supply shortages or vendor disruptions
• Transportation, carrier, or delivery issues
• Power outages, internet outages, technical failures, or service interruptions
• Government actions, emergencies, labor disruptions, or other circumstances beyond our reasonable control

19. Entire Agreement

These Terms constitute the entire agreement between you and Party and Fun regarding use of the website.