Terms of Use

The services and products are provided by Eimy’s Party, a company legally incorporated under the laws of the State of Texas, in the United States of America. These Terms of Use (“Terms”) regulate your use of the website, mobile application and the content found in it. Please read these Terms carefully and contact us if you have any questions or concerns about them. By using our Services, you agree to be bound by these Terms, including our privacy policy and industrial and intellectual property rights.

Use of Our Products and Services

You may purchase our products and use our Services only if the payment has been verified in advance. For this reason, we recommend making your purchases beforehand. No delivery or enjoyment of services will be made without confirmation and verification of payment. At the time of purchase, you agree to these rules and all applicable laws, so we recommend reading all these Terms and conditions.

Terms

Subject to these Terms and our policies, we grant you a limited license to our services according to your purchase. You may view the content of our Services only for your personal, non-commercial use, unless you obtain written permission from Eimy’s Party to use the content otherwise. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

Security

We work to protect the security of all user information; however, Eimy’s Party cannot guarantee that unauthorized third parties cannot defeat our security measures. Please notify us immediately by emailing [email protected] if there is a compromised or unauthorized use of your account and/or contact information.

It is also possible that the information you provide us may be intercepted during the transmission of data. Each time you give us sensitive information, Eimy’s Party will take reasonable commercial steps to protect such information and establish a secure connection with our Web Browser. Eimy’s Party employs a standard industrial technology known as secure-socket-layer (“SSL”) to protect the transmission of payment information to the Website.

To help protect your account information please keep your password secure. Eimy’s Party will generate a new password in case you forget it and it will be sent to the email associated with your account.

Payment Services

Eimy’s Party offers various products and services (purchase for decorations, buy personalized decorations and diversity of products for your decorations). Each product and service are associated with a fee, all of our rates are expressed primarily in U.S. dollars. When purchasing our products and services, you are responsible for paying from time to time or by automatic payments (depending on the product chosen) using the following payment methods:

Credit card: If you choose this payment method, you will enter the secure website of our financial institution, where you will be asked for your card number and expiration date. For your peace of mind, your card data travels secured and encrypted thanks to the SSL secure server provided by this financial institution. Your credit card details are not recorded in any Eimy’s Party database; Eimy’s Party only receives confirmation of your payment.

Applicable Law and Jurisdiction

The services are managed by Eimy’s Party, which is located in Texas. You agree that any dispute relating to these Terms shall be governed by the laws of the State of Texas in the United States of America.

Recompilation of personal information

Personal information is data about an identifiable person, or a person who may be reasonably identifiable, whether the information is true or not.

What we collect

We collect information that relates directly to the products and services you choose. The type of personal information we collect may include basic contact details (name, postal address, telephone number or email address), demographic data such as age or gender, and products you are interested in.

Generally, you are the source of the personal information we collect, and we only do so to the extent necessary to provide you with the product or service you requested, or for the purposes of conducting our internal administrative operations. We may collect personal information about you in these cases:

When you complete an application form;

When you contact us by phone or by any electronic device;

When you purchase a product;

When you send us an email;

When you submit your personal data through our website;

When you ask us to contact you after visiting the website; or

When you agree to complete an online survey.

We may also collect requested personal information indirectly, through some publicly available sources or through social networking sites, such as Facebook, Twitter, Google, Instagram and other third parties, who inform their users that their personal information is provided to companies such as Eimy’s Party. We will collect your personal information by lawful and fair means, and not by unjustifiable means.

Third parties or sources available to the public

This website may include links to third-party websites, add-ons and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of each website you visit.

We may receive personal data about you from numerous third parties and public sources, as follows:

Technical data of the following parts:

Analytics providers, such as Google Analytics;

Search information providers, such as Google and Bing;

App store providers, such as Apple’s App Store and Google Play.

Use of personal information

We collect, maintain, use and disclose personal information in order to provide you with goods and services for any purpose that you may reasonably foresee, for any other purpose authorized by law or for any other purpose with your prior consent (whether express or implied). This may include disclosures to organizations that provide us with technical and support services, and professional advice.

We use personal information in the following ways:

To provide you with news and information about our products or services;

To provide, deliver, obtain, manage and improve our products and services;

To provide marketing offerings through direct marketing, database compilation, market research, data analysis and segmentation, and the processing or creation of other marketing information;

To contact you, for example, in order to respond to inquiries and complaints;

To send you marketing material or promotions that we believe may be of interest to you; or

To ask for your opinion for the purposes of conducting market research. Your participation in activities aimed at giving us an opinion, such as online surveys, is completely anonymous and voluntary. It will not be used to collect data that allows the identification of any person.

You may, at any time, request that we stop sending you emails or other communications.

Your personal information may also be used and disclosed to protect our rights or property and those of our users, where applicable, in order to comply with legal processes, including disclosures to law enforcement, regulatory or governmental agencies.

Direct marketing

We may periodically use the personal information you provide to us to identify products and services that we believe may be of interest to you. We may then contact you to let you know about these products and services, and how they might benefit you. All marketing contacts that Eimy’s Party makes or performs directly will include a method to unsubscribe (or “unsubscribe”) and stop receiving marketing information in the future.

You may also tell us at any time that we remove your prior consent to receive marketing communications from us. Requests should be addressed to Customer Service (see “Contact Us”).

Disclosure

We do not disclose personal information to third parties unless permitted to do so by law or you have consented to do so.

Privacy Policy

The user expressly accepts, by using this Site and its mobile application, the processing of the information collected in the form and for the purposes mentioned above. And it also acknowledges knowing the possibility of rejecting the processing of such data or information by rejecting the use of Cookies by selecting the appropriate settings for this purpose in your browser. While this option to block Cookies in your browser may not allow you to fully use all the functionalities of the Website and its mobile application.

Cookies: A cookie is a file that is downloaded to your computer when you access certain websites. Cookies allow a website, among other things, to store and retrieve information about the browsing habits of a user or their equipment and, depending on the information they contain and the way in which they use their equipment, they can be used to recognize the user.

Automatic Data Collection: You may visit our Website and use certain of our services anonymously. However, even if you have registered with us or not, Eimy’s Party may collect certain personal information for your use of our services. For example, Eimy’s Party may collect information regarding the type of Internet Browser you use, the type of computer or operating system you use, your IP address, the speed of your connection, the domain name of your Internet service provider, the geographic location of where you are accessing our services, and/or the Website or propaganda from which you connected to our Website or mobile application. Once you have registered with us, we also track and collect information about you including your transactions with us, our affiliates, or others, and the patterns you followed when using our Website, such as the pages of the Website you visited, searches you conducted, and the time you were on our Website. If you choose to contact us, we may keep a history of your correspondence.

Data Protection: The User agrees that the personal data provided at the time of registration or any other provided to Eimy’s Party, for their access to some of the services are incorporated into the file of customers, potential clients and contacts of Eimy’s Party, in order to collect the necessary data to respond to requests for information, contact, customer management, billing, collections and payments, obtaining statistics and commercial history.

In addition, they will be used to send you information, including by electronic means (SMS email, etc.) about products and services related to those contracted or requested. In the case of commercial communications by e-mail or equivalent means, the user gives his express consent for the sending of communications through said means.

Industrial and Intellectual Property Rights

The User acknowledges and accepts that all industrial and intellectual property rights in the contents and any other elements inserted in the Website belong to Eimy’s Party and/or its commercial use rights have been assigned by its author.

All the content of the website, including but not limited to its programming, editing, compilation and other elements necessary for its operation, the designs, logos, text and / or graphics, images, graphic or artistic material present on the website, are the property of Eimy’s Party or, where applicable, has a license or express authorization by the authors. All the contents of the website are protected by industrial and intellectual property rights, registered in the corresponding public registers under the ownership of Eimy’s Party or third parties, without any of the exploitation rights in them being understood to be transferred to the User beyond what is strictly necessary for the correct use of the Portal.

Any natural or legal person is authorized to establish on its pages or websites links to the website, both to its homepage and to any of its pages. However, links to any of the pages of the website that involve viewing them in the browser by means of frames or frames without the express authorization by Eimy’s Party are expressly prohibited.

Trademark and Copyright Policy

Eimy’s Party respects the intellectual property rights of our decorators, collaborating institutions, and other third parties, and we expect our users to do the same when they use our Services. Eimy’s Party reserves the right to suspend, disable, or delete accounts of users who repeatedly infringe or are repeatedly accused of infringing the copyrights, trademarks or other intellectual property rights of others.

The 1998 Millennium Digital Copyright Act (the “DMCA”) provides copyright appeal for owners who believe material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the American Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

If you have a good faith believe that the materials on the Services infringe your copyright, DCMA provides that you (or your agent) send us a request asking that access to them be removedor bloded. Please send the notification by email to: [email protected]

We suggest that you consult with your legal advisor before filling out a notice. Also, keep in mind that there may be fines for false claims under the DMCA.

Eimy’s Party also respects the trademark rights of others. Accounts that contain content that deceives others or violates the trademark of others may be updated, suspended, disabled, or cancelled by Eimy’s Party in its sole discretion. If you suspect that someone may be using your trademark and, in any way, violating our Services, please email us at:  [email protected] and we will review your complaint. If appropriate, we will remove offensive content, notify the individual who posted it, and/or temporarily or permanently suspend that User’s account.

IMPORTANT: Due to COVID-19 related events our delivery service is currently following the guidelines of the city and the authorities. All deliveries of Bouquets, Arrangements and Decorations will be delivered to the door of the house or office. We are not authorized to enter the premises, for our care and that of our customers. Thank you for your valuable understanding and we hope you and your family are doing very well.

Important to know…

If you choose to pick up any of our arrangements or decorations in our facilities, you should consider the following:

• Provide the full name and contact phone number of the person who will pick up the arrangement on the day and the set time frame.
• The person collecting the arrangement must have time to receive the delivery. We also recommend you pick up in a BIG car. Our Bouquets are BIG. You must have a large, unused car to pick up, with the backs of the chairs down to be able to insert the arrangement without damage, balloons are explodedor accessories are peeled off. It is recommended to pick up at SUV, Minivan, Hatchback or Touring. Eimy’s Party is not responsible for damages during your transfer.

If you want shipping:

• We do not have a fixed delivery time. You should only choose whether you want the morning shift from 8.00am to 12.00pm or late night from 1.00pm to 8.00pm. we cannot indicate an estimated delivery time; it’ll be in the course of the corresponding time you have chosen. (if you would like to provide relevant information regarding delivery, please notify, to reach an agreement) for example: “I’m at work until 7.00pm”, if the schedule is available the delivery will be made.
• If it is your choice to remove the Bouquet or decoration in our shop, consider that our products are large, bulky and delicate, they must have a suitable and unemployed vehicle to move it. We are not responsible for the handling and result in which your Bouquet or decoration    may arrive.
• All our bouquets are made the same day as the surprise, for longer duration of the balloons.
• Helium latex balloons last approx. 8 hours, we guarantee their durability of 48 hrs or more. Microfoil or metallic balloons will last more than 7 days, depending on weather conditions and treatment.

All bouquets are made ONLY with balloons as we make them an art!

Contract and purchasing policies.

Receive a cordial greeting

The company Eimy’s Party wishes to carry on good terms the services provided for its surprise decoration or social event.

For the efficient realization of our services, we leave below our terms and conditions:

• Our Bouquets must be ordered at least 3 days in advance, if you need it overnight, you must confirm availability. Call:  956 322 5303 or go to our store.
• The customer is responsible for providing all the necessary information for the elaboration of the product or decoration. If the customer does not provide the specifications for the design of the product or decoration, the company will decide in which way to design it according to the reference photo, in case an item is notin stock, the customer will be contacted to agree to the replacement with another, as well as the colors.
• We don’t have a fixed delivery time. You should only choose whether you want the morning shift from 8.00am to 12.00m or late-night from 1.00pm to 8pm. we cannot indicate an estimate of delivery time, it would be at the corresponding time you have chosen. (if you would like to provide relevant information regarding delivery, please notify me to reach an agreement) for example you are at work until 7.00pm, if the schedule is available the delivery will be made.
• Helium gas is not flammable, it should be considered that when helium balloons are put in front of the air conditioning the gas particles are compressed and the balloons automatically deflate this is a natural process. Avoid placing in front of or under the air conditioner.
• When balloons are put directly into the sun the latex or metallic material boils and explodes.
• Do not leave the bouquet or decoration in the cart as the heat, steam, causes them to deflame or explode.
• Helium latex balloons last between 24 and 48 hours, microfoil balloons last 7 to 15 days with helium gas, depending on weather conditions or their use.
• The products we sell in spray are highly flammable, so shipments are made only by land and must be transported with special care. In case of in-store withdrawal, the customer assumes responsibility for the transport of the product being aware of the risk involved in the transport of flammable products. We are not responsible for the mis handling of the product by the customer, the customer should read the instructions for use for their greater safety when performing the decoration.
• For shipments you must indicate the exact address with zip code, house or apartment number, name of the urbanization, if it is possible to attach the location with all the data mentioned above. If they send an erroneous address, they will have an additional charge for delivery.
• If it is your choice to remove the Bouquet or decoration in our shop, consider that our products are large, bulky and delicate, they must have a suitable and unemployed vehicle to move it. We are not responsible for the handling and result in which your Bouquet or decoration may arrive.
• When balloons are spied on, deflated or exploded they must be discarded. Keep waste away from children and pets as they can drown.
• Microfoil balloons can be electricity transmitters. Please avoid releasing them or bringing them closer to power lines.
• You should indicate if the person to be surprised is allergic to latex, to avoid the material in the decoration.
• If they mobilize the decoration from one place to another is at their own risk.
• The customer must provide all corresponding information for the elaboration of his decoration or Bouquet colors, design, custom balloons, age, name and motif (birthday, master, christening, communion, happy day or any other customization)
• We will upload to our social networks or website photos of the customer and their decoration or Bouquet, if we do not agree that those images will be posted please notify them. We promise not to publish the customer however if we will publish our work (only to our decoration, only to our Bouquet)
• If you postpone delivery, availability will be verified to schedule a new date.
• In case of cancellation of the service only 50% of the paid will be refunded.
• If you do not comply with the terms and conditions of this agreement. We are not responsible for any damages or losses that may be suffered.