Terms of service

TERMS AND CONDITIONS
of
Made and Co, Inc. dba Dream Plus Air

Website: https://www.dreamplusair.com/
Company: Made and Co, Inc. dba Dream Plus Air (“Dream Plus Air”)
Registered Jurisdiction: California, United States
Effective Date: 5^th December 2025

These Terms and Conditions (the “Terms”) set out the legally binding terms on which Dream Plus Air supplies products and provides access to its website. Please read them carefully before placing any order.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms, unless the context requires otherwise:

• “Business Day” means a day other than Saturday, Sunday, or a public holiday in California when banks are open for business.
• “Carrier” means any third-party courier, postal, or logistics provider engaged by Dream Plus Air to deliver Products.
• “Customer”, “you”, or “your” means the person or entity accessing the Website or purchasing Products from Dream Plus Air.
• “International Order” means an Order with a delivery address outside the continental United States.
• “Order” means any request by you to purchase Products from Dream Plus Air submitted via the Website.
• “Product(s)” means any physical goods offered for sale on the Website, including themed balloon arch kits and balloon accessories for birthdays, baby showers, gender reveal celebrations, bachelorette parties, weddings, graduations, and similar events.
• “Website” means https://www.dreamplusair.com/ and any associated pages operated by Dream Plus Air.

1.2 Headings are for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa.

2. SCOPE OF TERMS; CONTRACT FORMATION

2.1 These Terms apply to all access to and use of the Website and to all Orders placed through the Website by any Customer, whether located in the United States or internationally.

2.2 By proceeding to checkout and submitting an Order, you agree that these Terms shall govern that Order and any resulting contract, to the exclusion of any other terms you seek to impose.

2.3 An acknowledgment of receipt of your Order (for example, an automated email) records that we have received your Order; it does not constitute acceptance.

2.4 A binding contract for the sale of Products (the “Contract”) arises when Dream Plus Air:

• charges your chosen payment method; and/or
• issues a shipping confirmation; and/or
• dispatches the Products,

whichever occurs first. We may accept an Order in whole or in part.

3. ELIGIBILITY AND TERRITORIAL REACH

3.1 You represent and warrant that you:

• are at least the age of majority in your state or country of residence; and
• have legal capacity to enter into binding contracts.

3.2 If you place an Order on behalf of another person or entity, you confirm that you are authorized to do so and that you bind that person or entity to these Terms.

3.3 The Website is operated from California, USA and may be accessed internationally. You are solely responsible for determining whether your use of the Website and purchase and use of Products complies with the laws of your jurisdiction.

4. PRODUCTS, BALLOON-SPECIFIC INFORMATION AND SAFETY

4.1 Dream Plus Air supplies themed balloon arch kits and balloon accessories designed for decorative use at events. Many Products require assembly by the Customer and may involve balloons, plastic or metal components, adhesives, wires, and related materials.

4.2 Product descriptions, images, and staging photographs on the Website are for general illustration. Actual colors, finishes, shapes, and sizes may vary slightly due to manufacturing tolerances, dye-lot variances, screen settings, inflation techniques, and environmental conditions. Minor variations do not constitute defects or grounds for cancellation, refund, or return.

4.3 Safety and Supervision. Balloons and small parts present choking, strangulation, and suffocation hazards, particularly to young children. You are responsible for:

• supervising children at all times around balloons and accessories;
• keeping uninflated balloons and broken pieces away from children;
• following all warnings on packaging and any instructions we provide; and
• ensuring that any stands, frames, or structures are securely assembled and placed.

4.4 Helium and Gas Use. Unless expressly stated, Products do not include helium or other gases. If you choose to fill balloons with helium or other gases, you are solely responsible for:

• safe handling and storage of gas cylinders;
• compliance with any local restrictions on helium use or balloon releases; and
• ensuring that balloons are weighted appropriately and not released in prohibited environments.

4.5 Products are intended as decorative items only. They are not toys, flotation devices, or safety equipment, and must not be used as such.

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

5. PRICING, TAXES, DUTIES AND PROMOTIONS

5.1 Product prices are as displayed on the Website at the time you submit your Order, unless clearly incorrect. Prices are in U.S. dollars unless expressly stated otherwise.

5.2 Applicable sales taxes, value-added tax, or similar charges may be calculated and added at checkout based on your delivery address and applicable law.

5.3 Delivery is paid and not included in the Product price unless expressly specified. Shipping options and associated charges will be shown at checkout.

5.4 For International Orders, you are solely responsible for any customs duties, import taxes, brokerage fees, and other government charges imposed in the destination country, unless otherwise stated. These amounts are not controlled by Dream Plus Air and are not included in our shipping fees.

5.5 Promotions, discount codes, and special offers are subject to their own terms, may be limited in duration or quantity, and may be modified or withdrawn at any time. Unless expressly stated, promotions cannot be combined.

5.6 In the event of a material pricing error, we may cancel the affected Order or portion thereof and refund any amounts paid, or contact you to confirm whether you wish to proceed at the correct price. We are under no obligation to supply at an erroneous price.

6. ORDERS; CUSTOMER INFORMATION

6.1 You must follow the instructions on the Website to place an Order and must ensure that all information provided (including personalization choices, if any, and shipping details) is complete and accurate.

6.2 You authorize Dream Plus Air to rely on the information provided in your Order without further verification. You are responsible for any additional costs or losses arising from inaccurate or incomplete information, including incorrect delivery addresses.

6.3 We reserve the right to refuse or cancel an Order, including after acknowledgment, in our reasonable discretion, for reasons including but not limited to:

• Product unavailability;
• inability to process payment;
• suspicion of fraud or unauthorized activity;
• violation of these Terms; or
• shipping restrictions to your location.

6.4 If we cancel an Order after payment has been captured, we will refund the relevant amounts to the original payment method.

7. PROCESSING TIME, SHIPPING AND DELIVERY

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

7.2 Shipping Time – Continental U.S. For deliveries within the continental United States, standard shipping typically takes approximately two (2) to seven (7) Business Days from dispatch. These timeframes are indicative only and not guaranteed.

7.3 International Shipping. For International Orders, transit times vary by destination, Carrier, customs procedures, and other factors beyond our control. Any timeframe provided is an estimate and not a guarantee.

7.4 Tracking. Where available, tracking information will be provided, generally via Shopify or the Carrier’s platform. Tracking details are generated and updated by third parties and may not always be current or precise.

7.5 You are responsible for ensuring that the delivery address is accessible and that someone is available to receive the shipment if required by the Carrier. If a parcel is returned due to refusal, non-collection, or incorrect address, additional charges may apply.

7.6 It is your responsibility to order far enough in advance of any event to account for processing, shipping, and potential delays. Non-arrival of Products by a particular event date does not entitle you to a refund, return, exchange, or cancellation, subject always to any non-waivable statutory rights.

8. INTERNATIONAL ORDERS AND CUSTOMS

8.1 International Orders may be subject to customs inspections and clearance procedures, which can cause delays. Dream Plus Air has no control over such processes.

8.2 Unless expressly stated otherwise, you are responsible for all customs duties, VAT, import taxes, and other charges imposed by authorities in the destination country.

8.3 If you refuse to pay customs charges or fail to complete customs formalities or collection, resulting in the parcel being returned or destroyed, we are under no obligation to refund Product or shipping costs, except where mandatory law requires otherwise.

8.4 You are solely responsible for ensuring that the Products may be lawfully imported into and used in the destination country.

9. RISK OF LOSS, TITLE AND DELIVERY ISSUES

9.1 Risk of loss of or damage to Products passes to you when Dream Plus Air delivers the Products to the Carrier, except where applicable consumer law requires risk to pass at a later point.

9.2 Title to the Products passes to you when we have received full payment and the Products have been dispatched.

9.3 If a shipment appears delayed, lost, or delivered in a damaged condition, you must notify us and, where relevant, the Carrier promptly and provide reasonable cooperation in any investigation or claim. Our ability to assist may depend on Carrier policies and claim deadlines.

10. FINAL SALE – NO RETURNS, REFUNDS, EXCHANGES OR CANCELLATIONS

10.1 All Sales Final. Due to the nature of our Products and the time-sensitive character of event décor, all sales are final. Dream Plus Air does not accept returns, does not offer refunds, and does not provide exchanges, except where required by mandatory law.

10.2 No Cancellations. Once an Order is submitted, it cannot be cancelled, whether or not it has been processed or shipped, except where we expressly agree in writing or where non-waivable legal rights apply.

10.3 We do not provide refunds or exchanges if:

• you change your mind;
• you ordered the wrong color, theme, or quantity;
• you decide not to use the Products; or
• your event is postponed, cancelled, or otherwise altered.

10.4 Nothing in this Section 10 is intended to limit or exclude any rights you may have under applicable consumer protection laws which cannot be limited or excluded by agreement.

11. PRODUCT ISSUES, SHORTAGES AND DEFECTS

11.1 You are expected to carefully inspect Products upon delivery. If you believe that Products are materially defective or that there is a shortage or misdelivery, you must notify us within a reasonable time, providing your Order details, photographs, and a description of the issue.

11.2 Many balloon-related issues arise from assembly technique, inflation level, environmental factors (such as heat, cold, or direct sunlight), or contact with sharp surfaces. Dream Plus Air is not responsible for damage caused by:

• over-inflation or under-inflation;
• exposure to heat, cold, or outdoor elements;
• rough handling or sharp objects; or
• failure to follow any instructions provided.

11.3 Where a defect is established in accordance with applicable law and these Terms, our liability is limited (to the fullest extent permitted) to, at our option:

• providing replacement Products or components; or
• issuing a credit or partial refund.

No remedy is available for purely aesthetic preferences or minor variations consistent with Section 4.2.

12. CUSTOMER RESPONSIBILITIES AND EVENT PLANNING

12.1 You are fully responsible for planning your event, including:

• ordering sufficiently in advance;
• selecting appropriate colors, themes, and quantities; and
• ensuring that Products are suitable for your venue and décor plans.

12.2 You must follow all assembly instructions and recommendations provided, and you remain responsible for ensuring that balloon structures are safely installed and maintained.

12.3 You are responsible for compliance with any venue rules or local regulations relating to balloon use (including restrictions on balloon releases, helium use, and the attachment of balloons to certain fixtures or outdoor areas).

13. USE OF THE WEBSITE; PROHIBITED ACTIVITIES

13.1 You may use the Website solely for lawful purposes and to browse and purchase Products for personal or permitted business use.

13.2 You must not:

• attempt to gain unauthorized access to any part of the Website or related systems;
• interfere with or disrupt the operation or security of the Website;
• use automated tools (such as bots or scrapers) to extract data from the Website in a manner exceeding normal consumer use;
• introduce viruses, malware, or other harmful code; or
• use the Website to infringe the rights of any third party or to engage in fraudulent or otherwise unlawful activity.

13.3 We may suspend or restrict access to the Website, and/or cancel Orders, where we reasonably suspect a breach of this Section 13.

14. INTELLECTUAL PROPERTY; LICENCE TO USE THE WEBSITE

14.1 All intellectual property rights in the Website, including its design, layout, text, images, Product photographs, artwork, logos, and other content (“Website Content”), are owned by or licensed to Dream Plus Air.

14.2 “Dream Plus Air” and any associated names, logos, and trade dress are trademarks or service marks of Dream Plus Air or its licensors. You may not use them without prior written consent.

14.3 Subject to your compliance with these Terms, Dream Plus Air grants you a limited, revocable, non-exclusive, non-transferable licence to access and use the Website for personal, non-commercial purposes related to viewing Products and placing Orders.

14.4 You may not reproduce, modify, distribute, create derivative works from, or publicly display any Website Content except to the extent strictly necessary for personal use of the Website or as otherwise permitted by law.

15. USER REVIEWS, PHOTOS AND SUBMISSIONS

15.1 The Website and Dream Plus Air’s social media channels may allow you to submit reviews, ratings, photos of your event, or other content (“User Content”).

15.2 By submitting User Content, you grant Dream Plus Air a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable licence to use, reproduce, modify, publish, translate, distribute, display, and otherwise exploit such User Content in any media for any lawful purpose, including marketing, without compensation to you.

15.3 You represent and warrant that:

• you own or control all rights in and to your User Content;
• your User Content is accurate and not misleading; and
• your User Content does not infringe any third-party rights or violate any law.

15.4 Dream Plus Air may, but is not obligated to, monitor, edit, or remove User Content at its discretion. We are not responsible for User Content posted by third parties.

16. PRIVACY, COOKIES AND TRACKING TECHNOLOGIES

16.1 Dream Plus Air’s handling of personal information is governed by its Privacy Policy, and its use of cookies and similar technologies is governed by its Cookie Policy, each available on the Website and updated from time to time.

16.2 The Website uses, among other tools:

• Shopify tracking for store and checkout functionality;
• Google Analytics for website analytics;
• Facebook (Meta) Pixel for advertising measurement and retargeting; and
• Pinterest tracking for campaign measurement and retargeting.

16.3 These tools may be operated by third parties that process data in accordance with their own terms and privacy policies. Your choices in respect of cookies and advertising preferences are described in the Privacy Policy and Cookie Policy and may also be managed via consent banners, browser settings, and platform-specific controls.

17. THIRD-PARTY SERVICES AND LINKS

17.1 The Website may contain links to or integrations with third-party websites, platforms, or services (including payment processors, social media platforms, and logistics services).

17.2 Dream Plus Air is not responsible for the content, security, or privacy practices of third-party sites, and inclusion of any link does not imply endorsement.

17.3 Your use of third-party services is governed by the terms and policies of those third parties, not by these Terms.

18. DISCLAIMERS OF WARRANTIES

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

18.2 Dream Plus Air does not warrant that:

• the Website will be uninterrupted, secure, or free of errors or harmful components; or
• the Products will create any particular visual effect, theme, or event outcome beyond what is reasonably expected of decorative balloon products.

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

18.4 Nothing in these Terms is intended to exclude or limit any statutory warranty or remedy that cannot lawfully be excluded or limited.

19. LIMITATION OF LIABILITY

19.1 To the fullest extent permitted by law, Dream Plus Air and its directors, officers, employees, and affiliates shall not be liable for any:

• indirect, incidental, consequential, special, punitive, or exemplary damages;
• loss of profits, revenue, goodwill, or anticipated savings;
• loss connected with event cancellation, postponement, or dissatisfaction with event décor; or
• loss or damage arising from misuse of Products, failure to follow safety instructions, or failure to supervise children,

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

19.2 To the extent permitted by law, Dream Plus Air’s total aggregate liability arising out of or in connection with any Order, the Products, or these Terms, whether in contract, tort, statute, or otherwise, shall be limited to the greater of:

• the total amount actually paid by you to Dream Plus Air for the Order giving rise to the claim; or
• one hundred U.S. dollars (USD $100).

19.3 Some jurisdictions do not allow certain limitations of liability; in such cases, the limitations in this Section 19 shall apply only to the extent permitted by the laws of that jurisdiction.

19.4 To the extent permitted by law, any claim or cause of action you may have against Dream Plus Air arising out of or in connection with these Terms must be brought within one (1) year from the date on which the cause of action arose, failing which it is permanently barred.

20. INDEMNITY

20.1 You agree to indemnify, defend, and hold harmless Dream Plus Air and its directors, officers, employees, and affiliates from and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• your breach of these Terms;
• your violation of any law or third-party rights;
• any User Content or other content you submit; or
• your misuse of the Website or Products, including failure to comply with safety warnings and supervision responsibilities.

20.2 Dream Plus Air reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with such defence.

21. GOVERNING LAW; VENUE; DISPUTE RESOLUTION

21.1 These Terms and any dispute or claim arising out of or in connection with 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 regard to conflict-of-law principles.

21.2 If a dispute arises, you agree to first contact Dream Plus Air using the contact details on the Website and provide a written description of the issue, including relevant Order information. Both parties will use reasonable efforts to resolve the dispute informally within thirty (30) days.

21.3 Subject to any non-waivable consumer protections, any dispute or claim that cannot be resolved informally shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you irrevocably submit to the personal jurisdiction of such courts.

21.4 Nothing in this Section 21 is intended to deprive you of any mandatory rights you may have to bring claims in the courts of your home jurisdiction where such rights cannot lawfully be restricted.

22. GENERAL PROVISIONS

22.1 Notices. Notices from Dream Plus Air may be given by posting on the Website, by email to the address associated with your account or Order, or by other reasonable means. Notices to Dream Plus Air must be sent using the contact information provided on the Website.

22.2 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without Dream Plus Air’s prior written consent. Dream Plus Air may assign or transfer its rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.

22.3 Entire Agreement. These Terms, together with any policies referenced herein (including the Privacy Policy and Cookie Policy) and any Order confirmation, constitute the entire agreement between you and Dream Plus Air in relation to the subject matter and supersede all prior understandings or agreements.

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

22.5 No Waiver. No failure or delay by Dream Plus Air in exercising any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy.

22.6 Survival. Any provision which by its nature should survive termination or expiry of these Terms (including, without limitation, Sections 9–21) shall continue in full force and effect.