1.1 The definitions in this clause apply to these Terms:
Order: your order for the Services
Services: the services for the provision of hire of chair covers as confirmed and set out in the Order
Terms: the terms and conditions set out in this document
We/Us: the seller
Writing or written: includes e-mail
You/Your: the buyer
1.2 Headings do not affect the interpretation of these Terms.
(a) We consider these Terms, the Order and our price list to set out the whole agreement between you and us for the supply of the Services. These Terms only apply to our contracts with consumers.
(b) Please check that the details in these Terms and on the Order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing.
(c) Please ensure that you read and understand these Terms before you make your Order, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 2.5.
2.2 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Services they describe. They do not form part of the contract between you and us or any other contract between you and us for the supply of the Services.
2.3 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
2.4 The Order is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.
(a) we issue you with written acceptance of an Order; or whichever is the earlier, at which point a contract shall come into existence
2.6 A quotation from us shall be valid for a period of 14 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
2.7 You may within 7 calendar days of placing an Order amend or cancel an Order by providing us with written notice. If you amend or cancel an Order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your amendment or cancellation. However, where the amendment or cancellation is due to our failure to comply with these Terms you shall have no liability to us for it.
2.8 We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that you order the Services from us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to orders you have previously placed that we have not yet fulfilled.
3.1 Unless we are prevented from doing so by a Force Majeure Event, we will provide Services which:
(a) conform in all material respects with their description;
(b) are carried out with reasonable care and skill;
(c) are fit for any purpose we say the Services are fit for, or for any purpose for which you use the Services and about which you have informed us, or we could reasonably expect you to use the Services; and
(d) are free from material defects in design, quality and workmanship.
3.2 This warranty is in addition to your legal rights in relation to Services which are not carried out with reasonable skill and care or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
3.3 You must provide us, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable us to provide the Services in accordance with these Terms, eg the venue details and permitted entry times to carry out the Services.
3.4 If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Order by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
3.5 We only supply the Services for domestic and private use, and you agree not to use the Services for any commercial purpose.
4.1 We will supply the Services to you on the morning and the hire of services will be provided until Midnight.
4.2 We will make every effort to complete the Services on time but there may be delays due to circumstances beyond our control. In this case we will complete the Services as soon as reasonably possible.
4.3 You will be required to confirm all arrangements to us upon request in order that we may carry out the Services, including the number of chairs and the size of the chairs. It should be noted that we will not be liable for any delay or unfulfilled obligations under these Terms where incorrect sizes have been provided by you.
4.4 In the event of any damage or loss in respect of the provision to you of the chair covers, as forming part of the Services as confirmed in the Order, you will be liable to pay to us an amount equivalent to the cost of replacement payable at the market rate at the time of the provision by us of the Services. Any such monies payable will be invoiced by us and will become payable within 30 days of the date of said invoice.
4.5 There will be a charge of £9.99 for the provision of a chair sample. These will be sent via post.
6.1 A deposit of £50 will be payable by you upon confirmation of us in writing of your Order. A minimum booking of 40 chair covers is required.
6.2 The price of the Services will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing. Prices include VAT.
6.3 We may invoice you for the Services 6 weeks before the event. You must pay the invoice in cleared monies within 40 calendar days of the date of the invoice by BACS, card payment or cash.
7.1 Subject to clause 8.2, if we fail to comply with these Terms, we will not be responsible for any losses that the other suffers as a result, except for those losses which we could reasonably foresee would result from the failure to comply with these Terms.
7.2 This clause does not include or limit in any way our liability for death or personal injury caused by our negligence or fraud or any other matter for which it would be illegal to exclude by law.
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control, including but not limited to strikes, floods or fire (Force Majeure Event).
8.2 We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
9.1 In the event of cancellation by you of the Order the following will apply:
9.1.1 Within 90 days of the event the full amount chargeable for the Services will be payable;
9.1.2 Between Order confirmation and 91 days 50% of the amount chargeable for the Services will be payable.
9.2 Any deposit paid is non-refundable.
9.3 Any cancellation must be confirmed to us in writing. You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
11.1 We will only use the personal information you provide to us to provide the Services. We will not pass your data to third parties.
12.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
12.2 No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
12.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
12.4 These Terms shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English courts.