Terms and Conditions

The Sculpted Air Web Site (the "Site") is an online store where you can purchase party decor products or services, such as balloons, rental pieces, and set-ups provided by or through Sculpted Air LLC ("Sculpted Air"), 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 Sculpted Air, and Sculpted Air maintains the right, at its sole discretion, to terminate service provision with or without cause to a client at any time and withhold acceptance of any order, even after it has been placed. It is essential to recognize that each order is treated as an independent entity, distinct from previous transactions.

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. Sculpted Air 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 Sculpted Air, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Sculpted Air. SCULPTED AIR 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 SCULPTED AIR (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 SCULPTED AIR OR SCULPTED AIR’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL SCULPTED AIR (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 SCULPTED AIR OR SCULPTED AIR’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SCULPTED AIR, 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 SCULPTED AIR FOR THE PAST 12 MONTHS OF THE PRODUCTS AND SERVICES.

3. PAYMENT

Sculpted Air is cashless. Sculpted Air accepts all major credit cards (Visa, MasterCard, American Express, Discover) as forms of payment. Sculpted Air 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 is 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. Sculpted Air 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 Sculptedair.co. Coupons, special offers, sale promotions and discounts do not apply to custom orders placed with an assistant. Once a promotion has expired, it cannot be applied to previous, existing or future orders.

4.1. Giveaways

Sculpted Air 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.

4.2 Donations

All donations are subject to approval and apply only to online orders. Donation credit amounts, month availability, and gift cards for auction donations are specified in the donation request forms and kept up to date. We offer a limited number of approved donations per year, the details of which remain confidential to our company. We reserve the right to modify donation terms at our sole discretion at any time without prior notice. Tax-exempt status may be applied with the provision of appropriate documentation. We prioritize supporting community initiatives focused on culture, education, and the environment, and may decline requests that do not align with our values.

5. PRODUCTS AND PRICING

All products on Sculpted Air’s website, their descriptions, and pricing are subject to change at our discretion at any time, without notice. Sculpted Air reserves the right to modify, suspend, or discontinue the sale of a product without notice, at any time. Sculpted Air 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 a typographical error or error in pricing or product information received from our suppliers, Sculpted Air 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.

6. CUSTOM FEE

Sculpted Air is an online business with a vast assortment of products that can easily be purchased online. Sculpted Air reserves the right to charge a 10% Custom Fee to orders in which a Sculpted Air Stylist is required to assist due to customization outside Sculpted Air’s standard inventory or designs. This applies to custom design requests as well as any order requiring additional materials and resources that are not offered directly online. Sculpted Air 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 Sculpted Air’s website are distributed among employees following Sculpted Air’s company policies and rules, which are subject to change at any given time or for any reason at our sole discretion. Sculpted Air reserves the right, at any time, to modify, suspend, or discontinue the policy and rules of their tip disbursement among employees.

8. SMS TEXT

By opting to receive marketing text messages from Sculpted Air, either via our website or by sending a text message indicating your consent, you provide express written consent to receive recurring promotional SMS text messages from Sculpted Air (each, a “Text Message”) through an automated system. Message frequency may vary, including cart reminder messages. This text service is optional and not a condition for purchase.

To opt out, reply “STOP” to any text message. For assistance, reply “HELP” or email hello@sculptedair.co. Standard message and data rates may apply according to your mobile provider's plan. Sculpted Air is not responsible for any SMS messaging or wireless charges incurred by you or anyone with access to your wireless device.

Neither Sculpted Air nor wireless carriers (such as AT&T, Verizon, T-Mobile) are liable for delays or failures in Text Message delivery. Services are provided “AS IS.” Data collected from Text Message services may include your phone number, carrier name, and message details, used per our Privacy Policy. If you change or deactivate your phone number, notify us via hello@sculptedair.co to prevent messages from being sent to the wrong recipient.

9. CANCELLATION, REFUND, AND CREDIT

All orders are final and non-refundable within five (5) days before the scheduled delivery date, excluding custom requests, which are always final and non-refundable. Delivery time modifications are subject to availability and must be requested at least five (5) days prior to the scheduled date.

Orders that have already been built cannot be refunded and will be disposed of if canceled. No exceptions, including cancellations due to unforeseen circumstances. If an order is not fulfilled due to a Force Majeure event (see Section 37), a credit will be issued. If non-fulfillment is due to other circumstances, a refund may be issued at Sculpted Air’s discretion.

Approved refunds are processed weekly. Once processed, refunds may take 7-10 days to appear in your account. Credits issued by Sculpted Air expire 6 months from the issuance date. Clients are responsible for tracking and using credits before expiration.

Refunds or credits are only valid with written email approval from Sculpted Air. Verbal confirmations are not binding. Clients must retain email proof of any refund or credit issuance. Cancellations must be submitted via email to hello@sculptedair.co. This policy applies equally to all clients, regardless of location.

10. DELIVERY

Sculpted Air provides a two-hour delivery window but does not guarantee exact times. Clients are responsible for securing permission for deliveries at venues and ensuring someone is present to receive the order. Sculpted Air is not responsible for unattended orders or damages caused by third parties.

Deliveries to buildings (commercial or residential) will be left in the lobby or with a doorman, unless otherwise arranged. Orders will remain bagged upon delivery unless a setup option has been selected (additional cost). Sculpted Air does not deliver additional decor items not purchased through our service.

If delivery is not possible upon arrival, the order will be returned, and the client will be notified. A second delivery attempt will incur an additional charge. Undeliverable orders will not be refunded.

Sculpted Air photographs all deliveries for quality control and marketing purposes. Personal privacy will be maintained, and no contact details will be shared. Damaged balloons upon delivery may be replaced based on availability or refunded accordingly. Orders affected by Force Majeure events will receive a full refund.

Balloons should be unbagged immediately upon receipt for optimal float time. Sculpted Air is not responsible for reduced float times due to delayed unbagging. Clients must email hello@sculptedair.co for delivery modifications or cancellations.

11. MISSING, DAMAGED, AND DEFECTIVE PRODUCTS

If you receive an incorrect or defective item, notify us within 24 hours of delivery by emailing hello@sculptedair.co with photos of the issue. Claims submitted after this period may not be eligible for replacements or refunds. Sculpted Air reserves the right to issue refunds or replacements at its discretion. Products damaged after delivery due to mishandling or environmental conditions are not eligible for compensation.

12. REROUTING OR RESCHEDULING

All deliveries and setups are solely scheduled for the time reserved at checkout. If a delivery or setup address is changed, it is the sole responsibility of the purchaser to notify Sculpted Air via email at hello@sculptedair.co at least 24 hours in advance of the date of the delivery or setup. It is at the sole discretion of Sculpted Air 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 Sculpted Air has arrived at the location and is then asked to reroute a delivery or setup, an extra delivery fee will be charged. A rerouted delivery or setup must remain within Sculpted Air’s eligible zip codes.

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

13. PICKUP

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

14. SETUP

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

It is the sole responsibility of the purchaser to receive approval and permission from the hotel, venue, restaurant, or space that an installation or setup 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 setup. Sculpted Air is not responsible for gaining permission for an installation or setup under any circumstances, nor is Sculpted Air responsible for providing the limitations or restrictions a venue, hotel, restaurant, or space may have in regards to the installation or setup. If an order is placed and an installation or setup is not permitted on the day of the event, Sculpted Air 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 setup, Sculpted Air will not be responsible for any products described as defective. Sculpted Air recommends the purchaser or another point of contact on behalf of the purchaser is on-site at the setup. If the purchaser or another point of contact is not present, Sculpted Air may contact the purchaser for instructions, guidance, or feedback. In any case, Sculpted Air 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 setup is modified or changed after the order is placed, Sculpted Air will not take responsibility, liability, or issue a refund based on any changes that are made. Sculpted Air takes no responsibility for any damages to walls or surfaces that are used for an installation or setup. The final installation or setup 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 setup. Sculpted Air will have no responsibility for any damages to the products after they have been installed. Sculpted Air is not responsible for any damages arising to the installation site or its products during or after installation.

You agree that a Sculpted Air 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 Sculpted Air products. If a strike occurs, you agree that Sculpted Air will remove all items at its sole discretion and will discard them completely. You agree to assume any risk associated with damages or any type of accidents resulting from this installation/setup or strike and release Sculpted Air (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.

Sculpted Air does not execute setups or installations when the height of the setup exceeds 10ft. Otherwise, unless specified in a custom proposal. Sculpted Air has the right to not perform a setup if the installation exceeds the maximum height. In this case, refunds will not be offered.

15. 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, Sculpted Air cannot gain access or permission to the space, Sculpted Air 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. Sculpted Air will strike and destroy any and all Sculpted Air 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 Sculpted Air begins the strike process. Sculpted Air will not strike non-Sculpted Air decor items. Sculpted Air will begin the strike at the time agreed upon. A delay or change in strike time can be accommodated based on Sculpted Air’s availability and will result in an additional fee. For orders requesting a strike, the client is responsible for any damages or losses to Sculpted Air equipment that may be left on-site prior to the pickup of materials at the end of an event. Sculpted Air does not offer delivery services for striked items. If a client does not hire Sculpted Air to strike the order, Sculpted Air is not responsible, liable, and will not issue any refunds for any type of damages to surfaces, materials, or personal incidents that occurred during the client’s takedown process.

16. 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, Sculpted Air cannot gain access or permission to the space, Sculpted Air 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. Sculpted Air will tear down and destroy any and all Sculpted Air 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 Sculpted Air begins the tear down process. Sculpted Air will not tear down non-Sculpted Air decor items. Sculpted Air will begin the tear down at the time agreed upon. A delay or change in tear down time can be accommodated based on Sculpted Air’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 Sculpted Air equipment that may be left on-site prior to the pickup of materials at the end of an event. Sculpted Air does not offer delivery services for tear down items. If a client does not hire Sculpted Air to tear down the order, Sculpted Air is not responsible, liable, and will not issue any refunds for any type of damages to surfaces, materials, or personal incidents that occur during the client’s takedown process.

17. 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.

17.1 Outdoor Setup and Installation Policy

Weather Conditions: For outdoor setups or installations, Sculpted Air team reserves the right to determine the feasibility of the setup based on weather conditions. Installations will not proceed if conditions are deemed unsafe or unsuitable, including but not limited to:

Temperatures below 10°C (50°F)
Excessive wind
Rain or precipitation
High humidity levels

Final Decision: The final decision regarding the feasibility of outdoor setups lies solely with Sculpted Air team. If conditions are not suitable, the installation will be moved indoors, provided an indoor space is available.

Non-Refundable Orders: Outdoor orders are non-refundable under all circumstances. If the client refuses the indoor setup or no suitable indoor location is available, the order remains non-refundable, and Sculpted Air shall not be held liable for any losses or dissatisfaction.

Safety and Liability: Sculpted Air team will not work in conditions that pose a risk to their safety. We are not liable for any damages, delays, or disruptions caused by weather or environmental factors related to outdoor setups.

Client Responsibility: Clients must ensure compliance with this policy. Attempts to force outdoor setups that violate these terms will result in the cancellation of the service without a refund.

By placing an order for outdoor decor, the client agrees to these terms and acknowledges that the company bears no liability for adjustments or cancellations due to adverse weather conditions or safety concerns.

18. 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 Sculpted Air at least 72 hours in advance of the delivery. The purchaser must provide any specific instructions and requirements for the COI to Sculpted Air at that time. Sculpted Air is not responsible for retrieving any specific requirements for a venue or building’s COI.

A standard COI can be provided upon request by Sculpted Air. Under no circumstance can the terms of Sculpted Air’s standard COI be changed or amended.
If Sculpted Air is not properly notified that an order requires a COI and the delivery or setup is refused, Sculpted Air is not responsible or liable, and no refunds will be issued.

19. PRIVACY

Personal information transmitted to Sculpted Air will be treated in accordance with our Privacy Policy.

20.GENERAL RULES AND PRACTICES

20.1 Outside Vendors:

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

20.2 Pets:

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

20.3 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. Sculpted Air does not inflate balloons from any outside vendor or supplier. Sculpted Air does not supply helium or helium tanks for purchase or rent.

20.4 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.

20.5 Foil Balloons:

Sculpted Air 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, Sculpted Air is not responsible.

20.6 Ceiling Balloons:

Ceiling balloons are sensitive to their environment and are recommended for flat, dry-wall surface ceilings. Ceiling balloons are not suitable on popcorn ceilings, raw wood, and brick surfaces. Sculpted Air is not responsible for balloons that may pop on ceilings. Sculpted Air recommends ceiling balloons to be delivered on the day of the event and is not responsible for deflated balloons or popping for ceiling balloons used the following day. Sculpted Air does not recommend the use of candles in the room where ceiling balloons are used, as smoke circles may result. Sculpted Air is not responsible for any smoke circles or damage to ceilings that may occur. Ceiling balloons include a ribbon length of 7.5ft. Sculpted Air will not cut/adjust length unless the client has opted for set-up, at additional cost.

20.7 Balloon Columns:

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

20.8 Balloon Arches:

For balloon arches used outdoors, the shrinkage process will occur at a faster rate. Sculpted Air 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, Sculpted Air 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 Sculpted Air.

20.9 Balloon Backdrops:

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

20.10 Vinyl Balloons:

Sculpted Air 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, Sculpted Air is not responsible. If an adjustment needs to be made to the message or logo, Sculpted Air will accommodate the request based on availability. Sculpted Air will not issue a refund on any personalized balloons.

20.11 Balloon Bundles:

Due to the nature of balloons and their ability to shift during slight movements, Sculpted Air does not guarantee the balloon bundles will look exactly like the picture shown online when ordering. Balloon Bundles are recommended to be used on the day of the event and are not guaranteed to float past the day of the delivery.

20.12 Gender Reveal Balloons:

For all Gender Reveal Balloon Orders, it is the sole responsibility of the purchaser to provide Sculpted Air with the gender 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 hello@sculptedair.co, and must include the name and order number. Sculpted Air 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, Sculpted Air is not responsible or liable, and a refund will not be issued.

For the best experience, Sculpted Air 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.

20.13 Rentals/Equipment:

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

20.14 Gift Notes:

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

20.15 Eco-Policy:

Sculpted Air is always striving to implement policies and procedures with our teams to maintain an eco-conscious 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.

21. SUBSTITUTIONS

21.1 Balloon Products:

For balloon orders, if the exact product of a design is unavailable, Sculpted Air 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.

22. LONGEVITY

22.1. 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 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 Bundles: Best up to 2 days, can last up to 3 days.
16in Bundles: 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 Bundles: Best up to 2 days, can last up to 3 days.

22.2 Balloon Float Time Outdoors:

Indoor float times do not apply once balloons are taken outside. Sculpted Air 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.

23. DAMAGES

In the event that an order is damaged or is defective, Sculpted Air offers a replacement or issues a store credit or refund, as agreed upon with the purchaser, based upon availability. Sculpted Air must receive communication via email at hello@sculptedair.co 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 Sculpted Air if a replacement, credit, or refund may be issued. Sculpted Air may ask for the purchaser to provide photographic confirmation of any damaged or defective product. Failure to do so may result in no replacement, credit, or refund being issued.

24. SAFETY

24.1 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). Sculpted Air 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. Sculpted Air balloons/balloon arrangements may include natural latex rubber, which may cause allergic reactions.

25. ORDERING LEAD TIME

Balloons 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 on availability.

26. INDEMNIFICATION

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

27. SITE CONTROL FROM UNITED STATES

This Site is controlled from offices within the United States. Sculpted Air makes no representation that content or materials on this Site are appropriate or available for use in other jurisdictions. Access to this Site’s 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 TEXAS WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF TEXAS IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS.

28. 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 Sculpted Air 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 Sculpted Air or the copyright owner.

29. TRADEMARKS

Trademarks and service marks that may be referred to on this Site are the property of Sculpted Air 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.

30. RIGHT TO PRESERVE AND DISCLOSE

Sculpted Air does not hold or preserve credit card or payment information. Sculpted Air may preserve other information you provide. Sculpted Air 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 Sculpted Air, its users, and/or the public; or
(f) in the event that all or substantially all of Sculpted Air’s assets are acquired by a third party.

31. 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, 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 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, Sculpted Air and 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.

32. 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.

33. CREATION OF AN ACCOUNT

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

34. SECURITY OF PASSWORDS

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

35. OWNERSHIP OF USAGE DATA

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

36. LINKS

Although Sculpted Air controls a few hyperlinks on the Site, some links within this Site may lead to third-party sites. Sculpted Air 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, nor does it indicate that Sculpted Air is in any way affiliated with the linked site. The Site does not incorporate any materials appearing in such linked sites by reference. Sculpted Air reserves the right to terminate a link to a third-party website at any time. Third-party sites are not controlled by Sculpted Air and may have different terms of use and privacy policies, which Sculpted Air encourages you to review.

37. FORCE MAJEURE

Sculpted Air 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 events of similar nature that are beyond its reasonable control.

38. MUST BE OF LEGAL AGE TO USE THIS SITE

Sculpted Air makes no active effort to collect personal information from individuals under the legal age as defined by the laws of the United States or any other applicable state or jurisdiction. Sculpted Air requires that Site users be of legal age to use the Site.

39. NOT AUTHORIZED TO DO BUSINESS IN EVERY JURISDICTION

Sculpted Air 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.

40. 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). Sculpted Air 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 an 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.

41. 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 belief that the content is coming from someone other than yourself;
Contains personal information, except where specifically asked;
Speaks on behalf of Sculpted Air or expresses opinions concerning Sculpted Air on behalf of its employees or owners by means of impersonation;
Violates trademark, copyright, or any other laws;
Contains chain letters of any kind;
Is false information.

42. 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.

43. ELECTRONIC COMMUNICATION

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

44. 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 Texas and to be performed within Harris County, without giving effect to any choice of law principles.

45. 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 them. 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 Sculpted Air and supersede 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.

46. CONTACT INFORMATION

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

Sculpted Air
hello@sculptedair.co
5900 Balcones Dr., Suite 10194, Austin, TX, 78731

Terms and Conditions

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