B‑Loony Limited – Terms & Conditions of Sale

1. Interpretation

1.1 The following definitions and rules of interpretation apply in these Terms and Conditions:

Buyer: the person, firm or company purchasing the Goods from B‑Loony Ltd for business purposes only.

B‑Loony Ltd: B‑Loony Ltd, a company registered in England and Wales under company number 1400618, whose registered office is at Cape House, 105 Bellingdon Road, Chesham, Buckinghamshire, HP5 2HQ.

Contract: the contract between B‑Loony Ltd and the Buyer for the sale and purchase of the Goods, incorporating these Terms and Conditions.

Delivery Point: the place where delivery of the Goods is to occur under Clause 4.

Design: any artwork, logo, drawing, specification, instructions or information supplied by the Buyer relating to the Goods.

Goods: any goods agreed in the Contract to be supplied by B‑Loony Ltd to the Buyer.

Order: the Buyer’s purchase order for the Goods.

Website: any website operated by B‑Loony Ltd from time to time.

1.2 References to legislation include that legislation as amended or re‑enacted from time to time and include subordinate legislation.

1.3 Words in the singular include the plural and vice versa.

1.4 References to any gender include all genders.

1.5 Clause headings do not affect interpretation.

2. Application of Terms

2.1 The Contract shall be governed exclusively by these Terms and Conditions, to the exclusion of all other terms the Buyer may seek to apply.

2.2 No terms endorsed upon or referred to in the Buyer’s Order or other documents shall form part of the Contract unless expressly agreed in writing by a director of B‑Loony Ltd.

2.3 The Buyer warrants that it is acting in the course of business and not as a consumer.

2.4 The Goods are only available for sale to businesses located within England, Scotland, Wales, Northern Ireland and the Republic of Ireland.

2.5 The Buyer warrants that it is aged 18 years or over.

2.6 No variation of these Terms shall be binding unless agreed in writing and signed by a director of B‑Loony Ltd. Nothing limits liability for fraudulent misrepresentation.

2.7 Each Order constitutes an offer by the Buyer to purchase Goods subject to these Terms.

2.8 Orders placed via the Website constitute acceptance of these Terms.

2.9 No Order shall be deemed accepted until B‑Loony Ltd issues written acceptance or delivers the Goods (whichever occurs first).

2.10 The Buyer is responsible for ensuring that all Order details and specifications are accurate and complete.

2.11 Quotations are valid for 30 days unless withdrawn earlier and do not constitute an offer.

2.12 Marketing materials and website content do not form part of the Contract unless expressly incorporated.

3. Product, Artwork & Intellectual Property

3.1 Prices are per item and include one colour, one position personalisation unless otherwise stated. Artwork, tooling, delivery and set‑up charges are additional. VAT is excluded.

3.2 An over‑ or under‑delivery of up to 10% shall constitute proper performance with a pro‑rata price adjustment.

3.3 Colours are indicative only and not guaranteed to be exact.

3.4 Goods shall conform to approved artwork. Where Goods materially deviate from approved artwork, B‑Loony Ltd may replace, refund or issue credit at its discretion.

3.5 Samples and illustrations are for guidance only and do not constitute a sale by sample.

3.6 The Buyer warrants that all Designs supplied are accurate and free from error.

3.7 No claims relating to Designs shall be accepted unless notified within four (4) days of delivery of the first consignment and before use of the Goods.

3.8 The Buyer warrants that all Designs do not infringe third‑party rights and shall indemnify B‑Loony Ltd against all related claims, losses and costs.

3.9 All intellectual property rights in materials created by or on behalf of B‑Loony Ltd (including artwork adaptations, layouts and production files) remain the property of B‑Loony Ltd unless expressly agreed otherwise in writing.

4. Delivery

4.1 Delivery shall occur at the Buyer’s premises or as confirmed in the Order acknowledgement.

4.2 Delivery dates are estimates only and time shall not be of the essence.

4.3 Target delivery is within 28 days of artwork approval unless otherwise stated.

4.4 B‑Loony Ltd is not liable for losses arising from delivery delays unless delay exceeds 60 days.

4.5 If the Buyer fails to accept delivery, risk shall pass, Goods shall be deemed delivered, and storage costs shall be payable.

4.6 Unless otherwise agreed, the Buyer shall provide suitable unloading facilities and labour.

4.7 B‑Loony Ltd may deliver Goods in instalments, each constituting a separate Contract.

5. Non‑Delivery

5.1 Dispatch records are conclusive unless proven otherwise.

5.2 Claims for non‑delivery must be made in writing within seven (7) days of expected receipt.

5.3 Liability is limited to replacement or credit at the Contract rate.

6. Risk and Title

6.1 Risk passes on delivery.

6.2 Title remains with B‑Loony Ltd until payment in full of all sums owed.

6.3 Until title passes, the Buyer shall store and insure Goods appropriately.

6.4 B‑Loony Ltd may recover Goods where payment is overdue or insolvency occurs.

7. Price

7.1 Prices are as stated in the Order acknowledgement.

7.2 VAT is payable in addition.

8. Payment

8.1 Payment is due upon Order unless otherwise agreed. No work shall commence, and no Goods shall be produced or delivered, until cleared funds are received.

8.2 Time for payment is of the essence.

8.3 All payments must be made without set‑off or deduction.

8.4 Late payments accrue interest at 4% above Barclays Bank base rate or under the Late Payment of Commercial Debts (Interest) Act 1998, whichever is higher.

8.5 Upon default, all outstanding sums become immediately due, and the Buyer shall indemnify B‑Loony Ltd for all reasonable recovery and legal costs.

9. Limitation of Liability

9.1 Nothing excludes liability for death, personal injury, fraud or matters that cannot be excluded by law.

9.2 Subject to Clause 9.1, B‑Loony Ltd’s total liability shall not exceed the Contract price.

9.3 No claims may be brought more than three (3) months after delivery.

10. Assignment

10.1 B‑Loony Ltd may assign the Contract.

10.2 The Buyer may not assign without prior written consent.

11. Force Majeure

11.1 B‑Loony Ltd shall not be liable for failure or delay due to events beyond reasonable control, including pandemics, supply chain disruption and governmental action.

11.2 Either party may terminate if such event continues beyond 60 days.

12. Confidentiality

12.1 Each party shall keep confidential all commercial, technical and pricing information obtained in connection with the Contract.

12.2 This obligation survives termination.

13. General

13.1 Rights and remedies are cumulative.

13.2 Invalid provisions shall be severed without affecting the remainder.

13.3 No waiver shall constitute a waiver of any subsequent breach.

13.4 The Contracts (Rights of Third Parties) Act 1999 does not apply.

13.5 English law governs this Contract and the courts of England and Wales have non‑exclusive jurisdiction.

14. Communications

14.1 Notices must be in writing and delivered by hand or first‑class post to the registered office.

14.2 Notices are deemed received two business days after posting or upon delivery by hand.

Appendix A – Website Use Terms

This Appendix A applies solely to the use of any website operated by B‑Loony Ltd (the Website). It supplements, and forms part of, B‑Loony Ltd’s Terms and Conditions of Sale. In the event of any conflict, the Terms and Conditions of Sale shall prevail in relation to the supply of Goods.

By accessing or using the Website, you agree to be bound by this Appendix.

1. About the Website

The Website is operated by B‑Loony Ltd, a company registered in England and Wales (Company No. 1400618), whose registered office is at Cape House, 105 Bellingdon Road, Chesham, Buckinghamshire, HP5 2HQ.

If you need to contact us regarding the Website, please use the contact details published on the Website.

2. Acceptable Website Use

You must not use the Website:

for any unlawful purpose;
in any way that infringes the rights (including intellectual property rights) of any third party;
to knowingly transmit viruses, malware or other harmful code;
to attempt to gain unauthorised access to the Website, our servers or connected systems; or
in a manner that could damage, disable or impair the Website or interfere with other users.

We reserve the right to suspend or restrict access to the Website where misuse is suspected.

3. Website Content and Intellectual Property

All content made available on the Website, including text, images, graphics, logos, designs, downloads and layout, is owned by or licensed to B‑Loony Ltd.

You may view and print Website content for your internal business use only. No content may be copied, reproduced, distributed, modified or reused for commercial purposes without our prior written consent.

4. Links to and from the Website

You may link to our homepage provided that:

the link is fair and legal;
it does not damage or take advantage of our reputation; and
it does not imply any form of endorsement or commercial association without our approval.

We reserve the right to withdraw linking permission at any time.

Where the Website contains links to third‑party websites, these are provided for convenience only. We have no control over the content of those sites and accept no responsibility for them.

5. Accuracy and Availability of Website Information

We aim to ensure that all information on the Website is accurate and up to date. However, the Website may contain typographical errors, inaccuracies or omissions, and information may be updated or withdrawn at any time without notice.

The Website is provided on an “as is” and “as available” basis. We do not guarantee that the Website will always be uninterrupted, secure or error‑free.

6. Online Enquiries and Submissions

Any information submitted via the Website must be accurate and complete. Submission of an enquiry, form or online order does not create a binding contract unless and until accepted by B‑Loony Ltd in accordance with the Terms and Conditions of Sale.

7. Product Use and Safety Information

Where usage guidance, safety information or handling advice is provided on the Website, this is supplied for general guidance only. Customers remain responsible for ensuring that Goods are used appropriately, safely and in compliance with all applicable laws, guidance and industry standards.

8. Updates to Website Terms

We may update this Appendix A from time to time. The version published on the Website shall apply at the time of your use of the Website.

9. Governing Law

This Appendix A is governed by the laws of England and Wales, consistent with the governing law of the Terms and Conditions of Sale.

Appendix B – Helium Gas

Terms and Conditions of Sale and Rental

These Terms and Conditions apply to the supply of helium gas, cylinders, gas packages, and associated equipment by B-Loony Ltd (“we”, “us”, “our”) to the customer (“you”, “your”).

B-Loony Ltd operates two rental models:

Gas Packages (annual package deals); and
Ad‑hoc Rental Cylinders (non‑package, pay‑as‑you‑go rental).

The relevant sections below apply depending on the rental model selected.

General

1.1 All helium cylinders are supplied on a rental basis only and are not sold.

1.2 All cylinders always remain the property of the gas company.

1.3 B-Loony Ltd supplies cylinders as an authorised distributor of the gas company.

1.4 Responsibility for cylinders passes to the customer upon delivery and remains with the customer until the cylinders are returned and accepted back.

Rental Models

2.1 Gas Packages

Gas Packages provide year‑round access to on‑site helium gas in conjunction with a single annual rental and discounted cylinder exchange rates.

A Gas Package consists of:

One annual cylinder rental; and
Replacement cylinders supplied by exchange during the rental period.

Startup Package

The Startup Package includes:

One (1) annual cylinder rental
One (1) helium cylinder
One (1) inflation kit (supplied on a supply‑only basis and retained by the customer)

The Startup Package covers the first helium cylinder for a period of up to one (1) year from the date of delivery.

2.2 Ad‑hoc Rental Cylinders

Ad‑hoc Rental Cylinders are supplied outside of a package deal and are charged individually, including delivery, collection, rental, and any applicable fees.

Pricing, Charges and Variations

3.1 Charges may apply for:

Cylinder rental
Replacement cylinders
Delivery and collection
Failed delivery or collection attempts
Loss or damage
Any additional fees incurred under these Terms and Conditions

3.2 We reserve the right to adjust prices and charges in response to fluctuations in helium gas prices, supplier costs, transport costs, regulatory requirements, or market conditions.

3.3 We reserve the right to pass on any additional charges imposed by our gas supplier, including charges relating to cylinder rental, loss, damage, recovery, handling, energy surcharges, or regulatory changes.

3.4 Any changes to charges applicable to renewal of a Gas Package will be communicated prior to the end of the rental period.

3.5 All charges are payable in pounds sterling (£) and are subject to VAT where applicable.

Delivery and Collection

4.1 Ad‑hoc Rental Cylinders

4.1.1 Delivery and collection charges for Ad‑hoc Rental Cylinders are charged in advance.

4.1.2 If a delivery or collection cannot be completed due to customer unavailability, lack of access, or site restrictions, the booking will be deemed a failed delivery or collection.

4.1.3 Where a booking has failed:

A new delivery or collection must be arranged; and
A £100 re‑booking fee will apply for delivery; and
A £100 re‑booking fee will apply for collection.

These charges are payable before a new date is scheduled.

4.1.4 Unfortunately, no refunds can be offered for unused or partially used gas.

4.2 Gas Packages – Cylinder Exchange

4.2.1 For Gas Packages, delivery and collection are included as part of the standard cylinder exchange service.

4.2.2 Empty cylinders must be returned at the time the replacement cylinder is delivered.

4.2.3 Failure to return an empty cylinder at the time of exchange will result in:

A £100 additional collection fee; and
An additional rental charge of £1 per day until the cylinder is returned.

Rental Period and Renewal (Gas Packages)

5.1 Gas Packages operate on a twelve (12) month rental period from the date of first delivery.

5.2 At the end of the annual rental period, we will contact you regarding renewal.

5.3 Annual rental and replacement cylinder fees are subject to change and will be communicated prior to renewal.

5.4 Rental does not automatically renew unless agreed.

Ownership, Use and Restrictions

6.1 All cylinders remain the property of the gas company at all times.

6.2 Cylinders must be stored, handled, and used in accordance with all safety instructions and guidance provided.

6.3 Cylinders must not be:

Sold
Sub‑hired
Loaned
Transferred
Provided to any third party

without our prior written consent.

Loss, Damage and Charges

7.1 The customer is responsible for cylinders and equipment while in their possession.

7.2 Lost, damaged, or unreturned cylinders will be charged at £1000 per cylinder.

7.3 Lost, damaged or unreturned inflation kits will be charged at our current list price at the time the charge arises.

7.4 Charges will apply regardless of reason, including theft or failure to return.

Health and Safety

8.1 Helium cylinders must be used and stored in accordance with all applicable regulations and safety guidance.

8.2 We accept no liability for injury, loss, or damage resulting from improper handling, storage, or use of cylinders or gas.

Termination and Returns

9.1 We reserve the right to suspend or terminate supply where these Terms and Conditions are breached.

9.2 Upon termination, or upon request, all cylinders must be returned immediately and all outstanding charges settled in full.

Governing Law

10.1 These Terms and Conditions are governed by the laws of England and Wales.

10.2 By ordering or accepting delivery of helium gas, cylinders, or gas packages, you confirm acceptance of these Terms and Conditions.

Date of Last Issue: 15/04/2026