Terms of Service for Tassel & Muse

 

Last Updated: 6/11/2025

These Terms and Conditions ("Terms") govern the use of the website tasselandmuse.co.uk (the "Site") and apply to all sales of Goods by Tassel & Muse ("We", "Us", "Our") to you ("You", "Your", "Customer").

By placing an order through our Site, you agree to be legally bound by these Terms. These Terms, along with our Privacy Policy, constitute the entire legal agreement (the "Agreement") between You and Us. You must not use our Site or order Goods if you do not accept these Terms.  

 

1. Interpretation and Definitions

 

1.1. In this Agreement, the following terms shall have the following meanings:

• "We", "Us", "Our": Refers to Tassel & Muse, (see Section 2 for full details).

• "You", "Your", "Customer": Refers to the person purchasing Goods from the Site.

• "Agreement": The contract between You and Us, comprising these Terms, our Privacy Policy, and the details of Your Order Confirmation.  

• "Goods": All products sold on the Site, including but not limited to balloon displays, event décor, and personalised gift items. 

• "Perishable Goods": Goods which are liable to deteriorate or expire rapidly. This category includes, but is not limited to, all helium-inflated and air-inflated balloon arrangements.  

• "Personalised Goods": Any Goods that are made to Your specifications or are clearly personalised, including any item where a name, date, text, or other custom detail is added as per Your Order.  

• "Order": Your formal offer to purchase Goods from Us, submitted via the Site's checkout process or through direct communication (e.g., email) for bespoke commissions.  

• "Order Confirmation": Our written email acceptance of Your Order, at which point a binding contract is formed.  

• "Safe Place": An area designated by You (or, in the absence of such designation, chosen at Our driver's reasonable discretion) for Goods to be left if You are not at the delivery address. This includes, but is not limited to, a porch, shed, outbuilding, or with a neighbour.  

1.2. The exceptions to consumer cancellation rights for "perishable" and "personalised" goods are established in UK law. The specific definitions in clause 1.1 are foundational to this Agreement and form the basis for the cancellation policy (Section 7), as they define the specific nature of the Goods We supply.  

 

2. Information About Us and Compliance

 

2.1. Our Details: We are Tassel & Muse.

• Trading Name: Tassel & Muse

• Legal Identity: Tassel & Muse

• Trading Address: 37 Whinfield, Leeds, LS16 7AE.  

• Contact Email: katie@tasselandmuse.co.uk.  

• Contact Phone: 07377 762 106

2.2. Age Restriction: Our Site is intended for use by adults. By placing an Order, You warrant that You are legally capable of entering into binding contracts and are at least 18 years of age.  

 

3. The Contract Between Us

 

3.1. Invitation to Treat: All Goods displayed on the Site, including their prices, constitute an "invitation to treat" and are not a binding offer to sell.  

3.2. Your Offer: When You complete the online checkout process and submit Your Order, or when You commission a bespoke item, You are making a formal offer to purchase the specified Goods from Us under these Terms.  

3.3. Our Acceptance: A binding contract is formed only when We send You a specific "Order Confirmation" email, or (if sooner) when We dispatch the Goods to You. Any automated email You receive prior to this (e.g., an order acknowledgement from Shopify) is not a legal acceptance of Your offer.  

3.4. Right to Refuse: We reserve the right to refuse or cancel any Order at Our sole discretion, at any time before a binding contract is formed. This may be due to, but is not limited to, the following reasons:  

• The Goods are unavailable or out of stock.

• We cannot obtain authorisation for Your payment.

• The delivery address is outside Our stated delivery area.  

• A clear and obvious pricing or description error has occurred on the Site. If We refuse or cancel Your Order for any of these reasons, We will notify You by email and provide a full refund of any payment You have made.  

This three-stage process (invitation to treat, offer, acceptance) is a necessary legal mechanism. It protects both parties by ensuring no contract is formed until We have formally verified stock, price, and delivery feasibility, thereby preventing automatic binding contracts based on potential website errors.  

 

4. Our Products (Perishable and Personalised Goods)

 

4.1. Product Descriptions and Imagery: All descriptions, photographs, and advertising on the Site are for illustrative purposes only.While We make every effort to be accurate, the finished Goods may vary slightly in colour, design, or composition from the images shown. Due to the bespoke nature of Our Goods and potential stock availability (e.g., specific balloon shades or ribbons), We reserve the right to substitute any component with an item of equal or greater value and similar aesthetic, at Our discretion and without notice.  

4.2. Personalisation Accuracy: It is Your sole responsibility to provide accurate and complete information for all Personalised Goods.  

• You must check all spelling, grammar, dates, and names provided at checkout.  

• We will reproduce the personalisation text exactly as You have entered it.

• We shall not be liable for any errors, misspellings, or inaccuracies made by You. Goods containing such errors (originating from Your Order) will not be considered "faulty" or "not as described" and will not be eligible for a refund or replacement. This clause is necessary to mitigate the risk of loss from customer-generated errors on bespoke items.  

4.3. Care of Perishable Goods (Balloons): You acknowledge that balloons are Perishable Goods and their lifespan is affected by environmental conditions (e.g., temperature, humidity, sunlight, sharp objects) and customer handling. We are not liable for the condition of balloons after they have been successfully delivered (as defined in Section 6).  

 

5. Price and Payment

 

5.1. Pricing: All prices are in pounds sterling (GBP) and are inclusive of VAT (if applicable). Prices are exclusive of delivery charges. The applicable delivery charge will be clearly displayed and added to the total amount due at checkout.  

5.2. Payment Terms:

• Online Orders: Payment in full must be made at the time of placing the Order via the Site's checkout.  

• Bespoke / Deposit Orders: For certain commissions or orders arranged directly (e.g., via email or the contact form ), a non-refundable deposit may be required to secure the booking. We will issue an invoice for this deposit. The remaining balance must be paid in full prior to delivery or collection. A failure to pay the balance in the agreed timeframe may result in cancellation, with the deposit being forfeited.  

5.3. Third-Party Payment Processors: We use third-party payment processors (e.g., Shopify Payments, Klarna, PayPal). Your use of these payment methods is subject to the terms and conditions of the respective provider, which You should read. We are not liable for any failure, error, or issue arising from Your use of these third-party services.  

 

6. Delivery Policy

 

This policy applies to Our local hand-delivery service.

6.1. Delivery Area: Delivery is restricted to the postcodes and areas specified on Our Site (e.g., "within a 20 mile radius of LS16").We reserve the right to cancel any Order for delivery outside this area.  

6.2. Delivery Timescales: We will make all reasonable efforts to deliver the Goods on Your selected delivery date. However, all delivery dates are estimates, and time is not of the essence. We shall not be liable for any delays.  

6.3. Failed Delivery Attempt (Recipient Not Home): It is Your responsibility to ensure that a person is available at the delivery address to accept the Goods on the specified date.

• If no one is available, Our driver will, at their sole discretion, attempt to: a. Leave the Goods with a neighbour ; or b. Leave the Goods in a "Safe Place" (e.g., porch, shed).  

• We will leave a delivery note or send an electronic notification (email/SMS) informing the recipient of the Goods' location.  

• If you or the recipient have specific instructions (e.g., "do not leave with neighbours"), You must state this clearly in the order notes.

6.4. Passing of Risk: The contract shall be deemed fulfilled, and all risk of loss or damage to the Goods shall pass to You, at the moment the Goods are: a. Handed to a person at the delivery address; b. Left with a neighbour; or c. Left in a Safe Place. We are not liable for any theft, damage, or degradation (e.g., balloons deflating in the sun) of the Goods after this point. This model of risk transfer is standard practice for the delivery of perishable items.  

6.5. Return to Premises and Re-Delivery:

• If no neighbour or Safe Place is available or deemed suitable, the Goods will be returned to Our premises.  

• You must contact Us to arrange collection or re-delivery.

• You will be liable for an additional charge for any subsequent re-delivery attempt.  

• Disposal of Goods: Given the Perishable and Personalised nature of the Goods, if You do not arrange and pay for re-delivery or collection within 24 hours of the failed attempt, We reserve the right to dispose of the Goods without any liability or refund to You.  

6.6. Incorrect Address: We are not liable for non-delivery or failed delivery if You provide an incorrect or incomplete delivery address. No refund will be provided for the Goods or the delivery charge in this instance.  

 

7. Cancellation, Returns, and Refunds Policy

 

7.1. No Statutory Right to Cancel (Change of Mind):

• Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, consumers normally have a 14-day "cooling-off" period to cancel online orders.  

• This right DOES NOT APPLY to this Agreement.  

• This is because the Goods We sell are either: a. Personalised Goods (made to Your specifications) ; or b. Perishable Goods(liable to deteriorate rapidly, such as balloons).  

• Once an Order Confirmation is sent, the Order is final. Work will have begun and/or stock will have been allocated. Therefore, no refunds or cancellations will be permitted for a change of mind.  

7.2. Faulty or Damaged Goods (Your Statutory Rights):

• Clause 7.1 does not affect Your statutory rights under the Consumer Rights Act 2015. You are entitled to a remedy (e.g., refund or replacement) if the Goods are delivered in a faulty condition, are not as described, or are not fit for purpose.  

• A "fault" does not include: a. Errors, misspellings, or inaccuracies provided by You for Personalised Goods (as per Section 4.2). b. Damage, loss, or degradation caused by a failed delivery attempt or after risk has passed to You (as per Section 6). c. Minor variations in colour, design, or composition (as per Section 4.1). d. Normal degradation of Perishable Goods (e.g., balloons deflating) after the reporting period in Clause 7.3.

7.3. Procedure for Reporting Faults:

• Due to the perishable and delicate nature of the Goods, You must inspect them immediately upon delivery.

• Any faults or damage (e.g., balloons deflated on arrival, significant transit damage, incorrect personalisation by Us) must be reported within 24 hours of delivery.  

• All reports must be made in writing to Our contact email address and must include clear photographic evidence of the fault. 

• We reserve the right to reject any claim for a fault made after this 24-hour period, as We cannot be liable for the product's condition once it has been in Your care.  

 

8. Intellectual Property

 

8.1. Site Ownership: We are the owner or the licensee of all intellectual property rights in the Site and its content, including text, graphics, logos, images, and software.  

8.2. Design Rights: All unique product designs, balloon arrangement concepts, and display styles ("Our Designs") featured on the Site are the exclusive intellectual property (including copyright and/or design right) of Tassel & Muse.  

8.3. Limited Licence: You are granted a limited licence to access and use the Site for personal, non-commercial purposes only.

8.4. Prohibitions: You must not copy, reproduce, republish, download, post, broadcast, transmit, or otherwise use any of the Site's content or Our Designs for your own commercial purposes without Our express prior written permission.  

 

9. Limitation of Liability

 

9.1. Non-Excludable Liability: Nothing in these Terms shall limit or exclude Our liability for:

• Death or personal injury caused by Our negligence ;  

• Fraud or fraudulent misrepresentation; or

• Any other matter for which it would be illegal for Us to exclude or limit liability, including Your core rights under the Consumer Rights Act 2015.  

9.2. Exclusion of Business and Consequential Loss: We shall not be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:

• Loss of profit;

• Loss of business, goodwill, or revenue; or

• Any indirect, special, or consequential loss or damage. This exclusion is essential as We supply Goods for domestic and private use; We have no liability for any loss or damage related to any business use or for any consequential losses, such as costs incurred from other event suppliers or venues.  

9.3. Aggregate Liability Cap: Subject to Clause 9.1, Our total aggregate liability to You for all other losses arising under or in connection with this Agreement shall in no event exceed the total price of the Goods paid by You for the Order in question.  

9.4. Website Disclaimer: We will not be liable for any loss or damage arising from Your use of the Site, its unavailability, or Your reliance on any information contained within it. We make no warranty that the Site will be error-free or uninterrupted.  

 

10. Data Protection and Privacy

 

10.1. We will only use Your personal information as set out in Our Privacy Policy.  

10.2. We will process all personal data in accordance with the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). The T&S and Privacy Policy are separate documents; the Privacy Policy is the legally required disclosure detailing how data is collected, used, and protected.  

 

11. General Clauses

 

11.1. Events Outside Our Control (Force Majeure): We will not be liable for any failure or delay in performing Our obligations where such failure is caused by an event beyond Our reasonable control (e.g., acts of God, extreme weather, fire, flood, war, pandemic, or new government restrictions).  

11.2. Third-Party Links: The Site may contain links to third-party websites. We have no control over, and are not responsible for, the content, privacy policies, or practices of these external sites.  

11.3. Changes to These Terms: We reserve the right to amend these Terms at any time. Any changes will be posted on this page.The Terms in force at the time You place Your Order will be the ones that apply to the Agreement.  

11.4. Severability: If any provision of this Agreement is found by a court or relevant authority to be invalid, illegal, or unenforceable, that provision shall be deemed deleted, and the remaining provisions shall continue in full force and effect.  

11.5. Waiver: If We fail to enforce a right or provision under this Agreement, it will not be considered a waiver of Our right to enforce it later.  

11.6. Entire Agreement: These Terms, together with Our Privacy Policy and any details on the Order Confirmation, constitute the entire agreement between You and Us, superseding all previous discussions, correspondence, or agreements.  

11.7. Governing Law and Jurisdiction:

• This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it, shall be governed by and construed in accordance with the law of England and Wales.  

• The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising from this Agreement. This ensures that any legal dispute will be handled within the jurisdiction in which Our business operates.