Welcome to Festmood! The terms "we," "us," and "our" refer to Festmood. Festmood operates this store and website, including all related information, content, features, tools, products, and services in your order, to provide you (the customer) with a curated shopping experience ("Services"). Festmood is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein (collectively, the "Terms of Service" or "Terms"), set forth your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights, including disclaimers and limitations of liability.
By accessing, using, or interacting with our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use this site.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not assign, sell, transfer, or authorize your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
SECTION 3 - ORDERS
When you place an order, you make an offer to purchase. Festmood reserves the right, in its sole discretion, to accept or decline your order for any reason. Your order is not considered accepted until confirmed by Festmood. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting; once an order is accepted, Festmood may not be able to accommodate cancellation requests. If we do not accept, modify, or cancel an order, we will attempt to contact you using the email address, billing address, and/or phone number provided at the time of ordering.
Your purchase may only be returned or exchanged in accordance with our Refund Policy.
You represent and warrant that your purchases are for personal or household use only, and not for commercial resale or export.
SECTION 4 - PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price of a product or service is the price in effect at the time the order is placed and will be listed in your order confirmation email. Unless otherwise stated, prices shown do not include taxes, shipping, handling fees, duties, or import charges.
Prices posted in our online store may differ from prices in physical stores, online stores operated by third parties, or other stores. We may offer service promotions from time to time, which may affect pricing and are subject to additional terms of service beyond these Terms. In the event of a conflict between promotional terms and these Terms, the promotional terms shall control.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (1) the credit card information you provide is true, correct, and complete; (2) you are duly authorized to use such credit card for the purchase; (3) your credit card company will honor the charges you incur; and (4) you will pay the charges you incur at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or circumstances beyond our control. Once we transfer products to the carrier, title and risk of loss pass to you.
SECTION 6 - PRODUCT USE AND SAFETY
Party products are intended for decorative use only; adult supervision is recommended for children's events.
Balloons and inflatable products present a choking hazard for children under 8.
Candles and open flame products should never be left unattended.
We are not responsible for any accidents, injuries, or property damage resulting from product use or misuse.
SECTION 7 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, display content, images, graphics, product reviews, videos and audio, and their design, selection, and arrangement, are owned by Festmood, its affiliates, or licensors, and are protected by United States and foreign patent, copyright, and other intellectual property laws.
These Terms grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial use only. Without our prior written consent, you may not copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services. Except as expressly provided herein, nothing in these Terms shall be construed as granting you any license or other right in or to any patents, trademarks, copyrights, or other intellectual property of Festmood, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. Festmood reserves all rights not expressly granted under this Agreement.
The name, logo, product and service names, designs, and slogans of Festmood are trademarks of Festmood or its affiliates or licensors. You may not use such trademarks without the prior written permission of Festmood. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are trademarks of their respective owners.
SECTION 8 - OPTIONAL TOOLS
You may be provided with access to optional third-party tools that are part of the Services, which we do not monitor, control, or have any input into.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which these tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave our Services to access third-party materials or websites, you do so at your own risk.
We shall not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 10 - RELATIONSHIP WITH SHOPIFY
Festmood is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make at our store are conducted directly with Festmood. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales made between you and Festmood, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchase or transaction with Festmood.
SECTION 11 - PRIVACY POLICY
All personal information collected by us through the Services is governed by our Privacy Policy. By using the Services, you acknowledge that you have read and understood our Privacy Policy.
Because the Services are hosted by Shopify, Shopify processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services will be transferred to Shopify and third parties, which may be located in countries other than your country of residence, in order to provide the Services.
SECTION 12 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, copy, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes.
You also represent and warrant that: (1) you own or control all necessary rights to the Feedback; (2) you have disclosed any compensation or reward related to the Feedback submitted; and (3) your Feedback complies with these Terms. We are under no obligation to (1) keep your Feedback confidential; (2) pay you compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove any content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malicious code that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We are not liable for any Feedback posted by you or any third party, nor do we assume any legal obligation.
SECTION 13 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 14 - PROHIBITED USES
You may only use the Services for lawful purposes. You may not access or use the Services, directly or indirectly, for the following purposes: (1) any unlawful or malicious purpose; (2) violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (3) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (4) harassing, abusing, insulting, harming, defaming, disparaging, intimidating, or injuring any of our employees or any other person; (5) spreading false or misleading information; (6) sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms; (7) transmitting or causing to be transmitted any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (8) impersonating or attempting to impersonate any other person or entity; or (9) engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Festmood, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to: (1) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services; (2) copy, duplicate, extract, sell, resell, or exploit any portion of the Services; (3) collect or track the personal information of others; (4) send spam, phish, pharm, pretext, spider, crawl, or scrape; (5) use any robot, spider, crawler, data collection or extraction tool, automated device or process, AI tool (such as agentic AI), or manual process to access the Services; or (6) interfere with or circumvent any security feature, authentication feature, robot exclusion headers, or other measures we implement to restrict access to the Services. We reserve the right to terminate your use of the Services for violating any of the prohibited uses at any time without notice.
SECTION 15 - TERMINATION
We may, in our sole discretion, terminate this Agreement or your access to the Services (or any part thereof) at any time without notice, but you remain liable for all amounts payable up to and including the date of termination.
Upon termination of these Terms, the following sections shall survive: Intellectual Property, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMERS
The information provided through the Services is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
Unless otherwise expressly stated by Festmood, the Services and all products provided through the Services are provided to you "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant, represent, or guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the exclusion of implied warranties or certain types of warranties, so the above exclusions may not apply to you.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event shall Festmood, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, nor Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.
Our total aggregate liability for any claim shall not exceed the purchase price of the specific product(s) involved.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Festmood, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and partners, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), arising from: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access and use of the Services.
We will provide you with notice of any such claim requiring indemnification, but our failure to provide timely notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced thereby. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but we will not settle any claim that requires you to admit non-monetary liability without your consent, which shall not be unreasonably withheld. You shall cooperate in the defense of any claim requiring indemnification, including by providing relevant documents.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us, and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not assign, transfer, or delegate this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt shall be null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the People's Republic of China. You and Festmood agree that any dispute shall first be resolved through friendly negotiation; if negotiation fails, either party may submit the dispute to the competent people's courts of the People's Republic of China.
SECTION 23 - HEADINGS
The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
If you have any questions about the Terms of Service, please contact us at hello@festmood.com.
