Terms of service

TERMS AND CONDITIONS
of
Made and Co, Inc. dba PopFestCo

Website: https://www.popfestcoshop.com/
Company Name: Made and Co, Inc. dba PopFestCo (“PopFestCo”)
Jurisdiction: State of California, United States
Effective Date: 5^th December 2025

1. Parties, Nature of Agreement, and Acceptance

1.1 Parties. These Terms and Conditions (the “Terms”) govern the purchase of products and use of the website located at www.popfestcoshop.com and associated pages (collectively, the “Site”), operated by Made and Co, Inc. dba PopFestCo (“PopFestCo,” “we,” “us,” or “our”).

1.2 Binding Contract. When you access the Site, create an account, place an order, or otherwise interact with our products and services, you enter into a binding agreement with PopFestCo on the basis of these Terms. The person or entity doing so is referred to as “Customer,” “you,” or “your.”

1.3 Acceptance of Terms. Your continued access to the Site or placement of any order constitutes your acceptance of these Terms in full. If you do not agree, you must not use the Site, and you must not place an order.

1.4 Related Policies. Additional policies, such as our Privacy Policy and Cookie Policy, govern how we handle personal information and tracking technologies. Those policies are separate documents but are incorporated by reference into these Terms for informational purposes.

2. Definitions

2.1 For the purposes of these Terms:

(a) “Business Day” means a day other than Saturday, Sunday, or a public holiday in California when banks are open for business.
(b) “Order” means a request by you to purchase Products via the Site.
(c) “Product(s)” means any physical goods offered for sale on the Site, including themed balloon arch kits and balloon accessories for events such as birthdays, baby showers, gender reveal parties, bachelorette parties, weddings, graduations, and similar occasions.
(d) “International Order” means an Order with a delivery address outside the continental United States.
(e) “Carrier” means any postal or courier service engaged by us to deliver Products.

2.2 Section headings are for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa.

3. Eligibility and Geographic Reach

3.1 Eligibility. You represent and warrant that you:
(a) are at least the age of majority in your state or country of residence; and
(b) have legal capacity and authority to enter into binding contracts.

3.2 Use on Behalf of Others. If you place an Order or use the Site on behalf of another person or entity, you confirm that you are authorized to bind such person or entity to these Terms, and “you” will include that person or entity.

3.3 Global Access. The Site is operated from California, United States, but is accessible globally. You are responsible for ensuring that your access and use comply with the laws of your jurisdiction and that you are not prohibited from purchasing Products from the United States.

4. Changes to the Site and These Terms

4.1 Amendments. We may update or amend these Terms from time to time. The version in force at the time you place an Order will govern that Order.

4.2 Notification. Where required by law, we will notify you of material changes, for example by updating the Effective Date or posting a notice on the Site.

4.3 Site Modifications. We may modify, suspend, or discontinue any part of the Site (including Products, pricing, or functionality) at any time. Such changes do not affect Orders already accepted in accordance with Section 7.

4.4 Continued Use. Your continued use of the Site after any modification to these Terms constitutes your acceptance of the revised Terms.

5. Products, Balloon-Specific Information, and Safety

5.1 Nature of Products. PopFestCo specializes in themed balloon arch kits and balloon accessories designed for various celebrations. Products may require assembly by the Customer and may involve the use of balloons, plastic components, adhesives, and other materials.

5.2 Assembly and Instructions. Many Products are supplied as kits and require careful assembly in accordance with any instructions or guidance we provide. You are solely responsible for proper assembly, installation, and use.

5.3 Safety and Supervision. Balloons and small components present choking hazards and other risks, particularly for young children. Balloons may burst and produce loud noises, and improper use of helium or other gases can pose serious safety risks. You are responsible for:
(a) supervising children at all times around balloons and accessories;
(b) following all warnings and instructions on packaging; and
(c) complying with local safety regulations, including restrictions on balloons in certain venues or outdoor spaces.

5.4 Color, Shape, and Variation. Product photographs are for illustrative purposes. Actual colors, finishes, sizes, and shapes of balloons and accessories may vary slightly due to manufacturing tolerances, dye lots, screen settings, and lighting conditions. Such minor variations are not defects or grounds for refund, cancelation, or return.

5.5 Helium and Gas Use. Unless explicitly stated, Products do not include helium or gas. You are solely responsible for any helium purchase, filling, and safe handling, including adherence to any local restrictions on helium use or balloon releases.

5.6 Availability. All Products are subject to availability. We may limit quantities or discontinue Products at any time. If a Product in your Order becomes unavailable, we may cancel the affected portion and refund amounts paid for that Product.

6. Pricing, Taxes, and Duties

6.1 Displayed Prices. Prices for Products are shown on the Site at the time you place your Order, unless there is a clear error. Prices are in U.S. dollars unless expressly stated otherwise.

6.2 Taxes. Applicable sales taxes or similar charges may be added at checkout based on your delivery address and applicable laws.

6.3 Shipping Charges. Delivery is paid and not included in Product prices unless otherwise indicated. Shipping costs will be displayed at checkout before you confirm your Order.

6.4 International Duties and Fees. International Orders may incur customs duties, import taxes, brokerage fees, and other charges imposed by local authorities. These are not controlled by us and are typically your sole responsibility unless stated otherwise.

6.5 Pricing Errors. If we discover a material error in pricing or charges after you place an Order, we reserve the right to cancel the affected Order or portion and refund any amounts paid, or to contact you to confirm whether you wish to proceed at the corrected price. We are not obliged to supply Products at an incorrect price.

7. Orders, Acceptance, and Contract Formation

7.1 Order Placement. You may place an Order by selecting Products, adding them to your cart, and following the checkout process on the Site. You must provide accurate and complete information, including shipping address, contact details, and payment details.

7.2 Acknowledgment. After you place an Order, you may receive an automated acknowledgment (for example, via email). This acknowledgment confirms that we have received your Order but does not constitute acceptance.

7.3 Acceptance. A binding contract for the sale of Products arises when we:
(a) charge your payment method;
(b) dispatch the Products; or
(c) send you a shipment confirmation message—
whichever occurs first. We may accept Orders in whole or in part.

7.4 Right to Decline. We may refuse or cancel an Order in our discretion, including for reasons such as suspected fraud, supply constraints, mispricing, shipping restrictions, or violation of these Terms. If we cancel an Order after payment, we will refund the relevant amounts.

7.5 Customer Information Reliance. We are entitled to rely on the accuracy of the information you provide. You are responsible for any additional costs or losses arising from incorrect or incomplete information (including wrong address details).

8. Processing Time, Shipping, and Delivery

8.1 Processing Time. Standard processing time for Orders is up to three (3) Business Days, excluding shipping time. This is an estimate and may be extended during peak seasons or due to operational constraints.

8.2 Shipping Time (U.S.). Standard shipping within the continental United States typically ranges from approximately two (2) to seven (7) Business Days after dispatch, depending on your location and Carrier performance. These timeframes are estimates and not guarantees.

8.3 International Shipping. International shipping times vary widely by destination, Carrier, customs processing, and other factors beyond our control. Any transit time displayed is indicative only.

8.4 Tracking. Where available, tracking information will be provided (for example, via Shopify or the Carrier’s portal). Tracking data is provided by third parties and may not always be perfectly accurate or up to date.

8.5 Delivery and Access. You are responsible for ensuring that the delivery address is accessible and that someone is available to receive the shipment where required. If a delivery is missed or a parcel is returned due to your failure to accept delivery, you may be responsible for additional costs, including re-delivery fees.

8.6 Event Deadlines. You must allow sufficient time between your Order and the date of your event to accommodate processing, shipping, and possible delays. Failure to receive Products in time for an event does not entitle you to a refund, return, exchange, or cancellation, subject to mandatory legal rights.

9. International Orders and Customs

9.1 Customs Inspection. International Orders may be subject to customs inspections and clearance procedures that can cause delays.

9.2 Local Charges. You are responsible for paying any customs duties, import taxes, or similar charges imposed by the destination country, unless we explicitly agree otherwise.

9.3 Refusal to Pay Duties. If you refuse to pay customs or fail to collect the shipment, resulting in the package being returned or destroyed, we may treat the Order as fulfilled and are under no obligation to refund Product or shipping costs, except where required by law.

9.4 Compliance. You are responsible for ensuring that importing and using the Products is lawful in your jurisdiction.

10. Risk of Loss and Transfer of Title

10.1 Risk Transfer. Risk of loss or damage to the Products passes to you upon our delivery of the Products to the Carrier, except where consumer protection laws in your jurisdiction require a different point of transfer.

10.2 Title. Title to the Products passes to you when we receive full payment for the Products and dispatch them.

10.3 Lost or Damaged Parcels. If your parcel is delayed, appears lost, or arrives with visible damage, you must promptly notify both us and, where applicable, the Carrier, and cooperate with any investigation or claim process. Our ability to assist may depend on Carrier rules and timelines.

11. Strict Policy: No Returns, Refunds, Exchanges, or Cancellations

11.1 All Sales Final. All sales are final. We do not accept returns, do not offer refunds, and do not provide exchanges, except where required by mandatory law.

11.2 No Cancellations. Once an Order has been placed, it cannot be cancelled, whether or not it has yet been processed or shipped, unless we explicitly agree in writing or applicable law requires otherwise.

11.3 Unsuitable or Unused Products. We do not offer refunds or exchanges if you change your mind, order the wrong color or quantity, do not use the Products, or determine that the Products do not fit your décor or event theme.

11.4 Mandatory Consumer Rights. Nothing in this Section 11 is intended to exclude or limit any non-waivable statutory rights you may have under applicable consumer protection laws in your jurisdiction.

12. Quality Concerns, Assembly Issues, and Defects

12.1 Inspection on Delivery. You should inspect Products promptly upon receipt. If you believe Products are materially defective or incorrect, you must contact us without undue delay and provide Order details, photographs, and a clear description of the issue.

12.2 Assembly-Related Issues. Many issues with balloon arches relate to assembly technique, environmental conditions (such as heat, sunlight, or rough surfaces), or improper handling. We are not responsible for damage caused by over-inflation, under-inflation, exposure to sharp objects, or non-compliance with instructions.

12.3 Remedies. Where a defect is established in accordance with applicable law and these Terms, our sole obligation, at our discretion and subject to applicable mandatory law, may be to:
(a) provide replacement components; or
(b) issue a credit or partial refund.
No remedy is available for aesthetic preferences, minor variations, or issues arising from misuse or incorrect assembly.

13. Customer Responsibilities and Event Planning

13.1 Accurate Information. You must ensure that all information provided (including contact, shipping, and payment details) is accurate and kept current.

13.2 Event Planning. You are solely responsible for event planning, including ordering sufficiently in advance, choosing appropriate colors and themes, and ensuring that the Products and arch kit size are suitable for your venue and event.

13.3 Local Rules and Restrictions. You are responsible for complying with local rules on balloon use, balloon releases, indoor/outdoor decorations, building regulations, and venue policies.

13.4 Resale. Unless we expressly authorize in writing, Products are provided for personal use and not for resale or distribution in a commercial capacity.

14. Prohibited Uses of the Site

14.1 You must not, and must not permit any third party to:

(a) use the Site or Products in any unlawful or fraudulent manner;
(b) interfere with the security or operation of the Site or our systems;
(c) access or attempt to access any portion of the Site or data without authorization;
(d) use automated tools (such as bots, scrapers, or crawlers) to access the Site in a manner that exceeds normal usage;
(e) upload or transmit malware, harmful code, or any content that is defamatory, infringing, or otherwise unlawful;
(f) use the Site to violate the rights of any third party, including intellectual property, privacy, or publicity rights.

14.2 We may suspend or terminate access to the Site and/or cancel Orders if we reasonably believe you have breached this Section 14.

15. Intellectual Property

15.1 Ownership. All intellectual property rights in and to the Site and its content, including design, layout, text, graphics, logos, images, product photography, templates, and artwork (collectively, the “Content”), are owned by or licensed to PopFestCo.

15.2 Trademarks. “PopFestCo,” associated logos, and trade dress are trademarks or trade dress of PopFestCo or its licensors. You may not use them without our prior written consent.

15.3 Limited License. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site solely to browse Products and place Orders for personal use.

15.4 No Implied Rights. No license or right is granted to you by implication, estoppel, or otherwise, except as expressly stated in these Terms.

15.5 Designs and Kits. Our balloon arch designs, color schemes, and kit configurations are proprietary. You may not copy, reproduce, or commercially exploit our designs without our express written permission.

16. Privacy, Cookies, and Tracking Technologies

16.1 Separate Policies. Our Privacy Policy and Cookie Policy explain how we collect, use, and disclose personal information and how we use cookies and similar technologies, including Shopify tracking, Google Analytics, Facebook Pixel, and Pinterest tracking.

16.2 Integration of Services. By using the Site, you acknowledge that certain information may be processed by third-party providers in accordance with their own terms and policies.

16.3 Compliance with Law. To the extent required by applicable law, we will seek your consent for non-essential cookies, analytics, and advertising technologies and honor your rights as described in those policies.

17. Third-Party Services and Platforms

17.1 Service Providers. We use third-party providers (including Shopify, payment processors, logistics companies, and analytics providers) to operate the Site and fulfill Orders. Their services are subject to their own terms and privacy policies.

17.2 External Links. The Site may contain links to external sites or platforms (including social media). We do not control and are not responsible for their content, availability, or practices.

17.3 Social Media and Marketing. Our use of pixels and tags from platforms such as Meta and Pinterest is intended to measure and improve marketing performance. Your use of those platforms is governed by their respective terms and policies.

18. Disclaimers of Warranties

18.1 General Disclaimer. To the fullest extent permitted by law, the Site and all Products are provided on an “as is” and “as available” basis, without warranties, representations, or conditions of any kind, whether express, implied, or statutory.

18.2 No Guarantee of Event Outcome. We do not warrant or guarantee that Products will create any particular aesthetic outcome, event atmosphere, or guest reaction, or that the arch kits will appear exactly as displayed in marketing images once assembled by you.

18.3 Implied Warranties. Any implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, are excluded to the maximum extent permitted by law. Where such warranties cannot be excluded, they are limited to the minimum extent permitted.

18.4 Service Availability. We do not warrant that the Site will be uninterrupted, secure, or free of errors or harmful components.

18.5 Consumer Rights. Some jurisdictions do not allow certain exclusions of implied warranties. In such cases, the exclusions in this Section 18 apply only to the extent permitted by local law and do not limit any mandatory statutory rights.

19. Limitation of Liability

19.1 Types of Excluded Damages. To the fullest extent permitted by law, PopFestCo and its directors, officers, employees, and affiliates are not liable for any:

(a) indirect, consequential, incidental, punitive, or special damages;
(b) loss of profits, revenue, goodwill, or anticipated savings;
(c) loss arising from event cancellation, postponement, or dissatisfaction with event décor; or
(d) loss or damage arising from misuse of balloons or accessories, including injuries, property damage, or safety incidents,

arising out of or in connection with the Site, the Products, or these Terms, even if advised of the possibility of such damages.

19.2 Aggregate Cap. To the extent permitted by law, our total aggregate liability for any claim arising out of or relating to these Terms, the Site, or the Products, whether in contract, tort, statute, or otherwise, is limited to the greater of:
(a) the total amount you actually paid to PopFestCo for the Order giving rise to the claim; or
(b) one hundred U.S. dollars (USD $100).

19.3 Mandatory Limits. Some jurisdictions do not allow certain limitations of liability. In such cases, the limitations in this Section 19 apply only to the extent permitted by local law.

19.4 Time Limit to Bring Claims. To the extent permitted by law, any claim or cause of action against PopFestCo must be brought within one (1) year from the date on which the cause of action accrued, failing which it is permanently barred.

20. Indemnification

20.1 You agree to indemnify, defend, and hold harmless PopFestCo and its directors, officers, employees, and affiliates from and against all losses, claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

(a) your breach of these Terms;
(b) your violation of any applicable law or third-party rights;
(c) your misuse of the Site or Products, including unsafe or unlawful use of balloons and accessories; or
(d) your failure to comply with safety instructions, warnings, or local regulations.

20.2 We reserve the right to assume exclusive defense of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with our defense.

21. Governing Law and Dispute Resolution

21.1 Governing Law. These Terms and any dispute or claim arising out of or relating to them (including non-contractual disputes or claims) are governed by the laws of the State of California and, where applicable, the federal laws of the United States, without giving effect to conflict-of-laws principles.

21.2 Informal Resolution. If a dispute arises, you agree to first contact us using the details on the Site and provide a written description of the issue. Both parties will use reasonable efforts to resolve the dispute informally within thirty (30) days.

21.3 Venue. Subject to any mandatory consumer protections and to any arbitration agreement you may enter into with us, you and PopFestCo agree that any dispute that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the state and federal courts located in the County of Los Angeles, California.

21.4 Mandatory Laws. Nothing in this Section 21 is intended to limit any non-waivable rights you may have under applicable consumer protection laws, including any right to bring claims in courts of your home jurisdiction where such rights cannot be contractually restricted.

22. Notices and Electronic Communications

22.1 Notices from Us. We may provide notices or communications under these Terms by:
(a) posting them on the Site;
(b) sending emails to the address associated with your account or Order; or
(c) any other method reasonably designated.

22.2 Notices to Us. Notices to PopFestCo must be sent using the contact details provided on the Site or to such address as we may designate from time to time.

22.3 Electronic Records. You agree that communications in electronic form satisfy any legal requirement that such communications be in writing.

23. Miscellaneous

23.1 Entire Agreement. These Terms, together with any Order confirmations and any policies referenced herein (including the Privacy Policy and Cookie Policy), constitute the entire agreement between you and PopFestCo with respect to the subject matter and supersede all prior understandings or agreements.

23.2 Severability. If any provision of these Terms is held invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

23.3 No Waiver. No failure or delay by PopFestCo in exercising any right under these Terms operates as a waiver of that or any other right.

23.4 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations without restriction.

23.5 Relationship of the Parties. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and PopFestCo.

23.6 Survival. Provisions that by their nature should survive termination or expiration (including Sections 10–21 and 23) will remain in effect.