Our terms and Conditions for the Hire of goods
and Contracted Services
1.These terms
1.1 These are the terms and conditions on which we hire goods to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.2 Payment of the Deposit will constitute your acceptance of the terms and conditions.
1.3 We reserve the right to review and update these terms and conditions at any time. In the event that we do so, we will notify you of the changes in writing and you agree to abide by the most recent version of the terms and conditions unless you notify us otherwise in writing.
2. Information about us and how to contact us
2.1 We are Secret Garden Wedding Services and our office is at Studio 2, Brookend Business Centre, Brookend Lane, Kempsey, Worcester WR5 3LF.
2.2 You can contact us by telephoning 07887 637407 or by writing to us at Studio 2, Brookend Business Centre, Brookend Lane, Kempsey, Worcester WR5 3LF or emailing wendy@secret-gardenweddingservices.co,uk .
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us on your Booking Enquiry Form.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 If you wish to place an order for the hire of Goods please complete the booking enquiry form (Booking Enquiry Form) on our website ( www.secret-gardenweddingservices.co.uk) (Website) and submit it to us via the instant link on our Website.
3.2 We will then provide you with a quotation for hire of the Goods which will remain valid for 7 days following the date of the quotation.
3.3 To place an order you will need to confirm in writing that you accept the details of the quotation, pay the Deposit and the damages deposit (where applicable). A contract will come into existence between you and us when we confirm that we have accepted your order and received the Deposit (the Order).
3.4 If we are unable to accept your order, we will inform you of this in writing. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.5 We have the right to refuse to hire Goods to you in any circumstances, including but not limited to, if we feel that the Goods are not suitable for the purpose you are hiring them for or your company or event contradicts the ethos of Secret Garden Wedding Services. Any such refusal will be notified to you in writing.
3.6 We will assign an order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the order number whenever you contact us about your Order.
3.7 Our Website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
4. OUR PRODUCTS
4.1 The products available for hire are the products listed on our Website from time to time (the Goods).
4.2 The images of the Goods on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your Goods may vary slightly from those images.
14.3 Final guest numbers must be confirmed by written communication one (1) calendar month prior to the event date. Any change in guest numbers, which reflect the quantity of goods required after this date, will be treated as follows.
a) no refund will be due for lesser numbers as stock would have been reserved for your event.
b) you are able to adjust upwards on the understanding that there will be extra charges due and upon condition that we confirm to you our stock availability. We cannot be held responsible for failure to supply extra numbers if notice is given under one (1) calendar month.
5. HIRE PERIOD
5.1 The hire period is 1 day, or subject to prior agreement, which commences when the Goods are signed for upon delivery by us or collection by you, unless otherwise agreed in writing (the Hire Period).
5.2 The Goods shall be returned by close of business on the final day of the Hire Period. Should the goods hired not be made available on the collection day, we reserve the right to charge a full day rate over and above the agreed hire charge until the goods become available for return.
6. HIRE FEE AND DEPOSIT
6.1 The Hire Fee is the cost to hire the Goods as quoted on the Order (the Hire Fee).
6.2 Once an Order has been accepted, the Hire Fee becomes payable. The Hire Fee is payable as follows:
6.2.1 a non-refundable deposit of twenty five (25%) of the total Hire Fee (the Deposit) is payable to secure the Order (for the avoidance of doubt, if the Order is cancelled in accordance with clause 13 of these terms and conditions the Deposit will be refunded); and
6.2.2 the remaining balance of the Hire Fee (the Remaining Balance) is payable at least 28 days prior to the commencement of the Hire Period,
alternatively, you may elect to pay the full Hire Fee at the time of securing the Order.
6.3 We do not charge a damage deposit, however, should we find that any part of the hired goods have been damaged during the hire period we will invoice you the total sum for repair or replacement.
6.4 We accept payment via BACS transfer. Please contact us to obtain our bank details.
6.5 If you fail to pay the Remaining Balance of the Hire Fee or cancel the Order in accordance with clauses 15 and 16, you will not receive the Goods but may still be liable for the full Hire Fee.
7. DELIVERY OF THE GOODS AND CONTRACTED SERVICES
7.1 You are required to contact us prior to placing an Order to discuss delivery and collection methods and fees. Delivery and collection within a 10 mile radius from our Company will be free of charge. Thereafter, a discretionary fee per mile may be payable based on a round trip basis.
7.2 If we have agreed to deliver the Goods, we shall deliver the Goods to the location specified in your Order on the commencement of the Hire Period.
7.3 We shall make all reasonable endeavours to ensure that the Goods and contracted services arrive on time, but we cannot be held liable for delays which arise as a result of events outside our control (e.g. force majeure, acts of God, epidemics, pandemics, acts of government that prevent or restrict our ability to perform the contract etc.) If our supply of the Goods and contracted services are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to either
a) postpone the event to a later date, assuming that we have sufficient availability, and all monies paid will be transferred across as payment or part-payment towards the new event date. We will also require a further 25% non-refundable re-booking deposit which will then be deducted from the final balance owed.
b) cancel the event and receive a refund of any monies paid up to the date of the cancellation less the initial 25% non-refundable deposit element of the booking.
7.4 Upon arrival, you or a representative appointed on your behalf, are required to inspect all Goods carefully for any damage or shortage. Any discrepancies must be notified immediately. Should you fail to do so, the Goods shall be deemed to have been delivered in a satisfactory condition.
8. COLLECTION FROM US
8.1 You may opt to collect the Goods from us in person. We only allow this for small Goods unless you have arranged an appropriate sized vehicle that is suitable for safely transporting large and heavy Goods.We reserve the right to refuse collection in person of any Goods and, in the event that we authorise collection in person, we reserve the right to refuse to hand over Goods for delivery if we deem the vehicle to be unsuitable.
8.2 If you have asked to collect the products from our premises and we have agreed to this in writing, you can collect them from us at any time during our working hours of 9.00am to 6.00pm on weekdays (excluding public holidays) and 9.00am to 2.00pm on Saturdays on the date agreed by prior arrangement.
8.3 Should you opt to collect and transport the Goods yourself, you acknowledge that you will be responsible for the Goods from the time you collect them, agree to take full responsibility for the safe handling of the Goods and acknowledge that two or more people may be required to lift the Goods.We shall not be held responsible or liable for any injuries caused to any person or any damage caused to the Goods as a result of you collecting the Goods in person.
9. STYLING SERVICE
9.1 Unless otherwise determined, we shall be wholly responsible for the set-up and styling of Goods hired from us which forms part of the price contractually agreed.
9.2 In the event that we agree to provide additional set-up and styling services, the cost of this service will be as stated in your Order and incorporated within the Hire Fee.
10. RETURNING GOODS TO US
10.1 At the end of the Hire Period, the Goods shall be packed securely and ready for collection or return. Failure to do so will incur an additional charge to cover the costs of preparing the Goods for transportation. Such additional costs will be notified to you in writing.
10.2 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
10.3 In the event that the Goods are lost, damaged or destroyed, we may retain the Damage Deposit in full if the cost of repair or replacement exceed the Damage Deposit or, if less than the Damage Deposit, we will retain such sum equivalent to the cost of repairing and/or replacing the Goods.
10.4 The Damage Deposit shall be returned in full or with appropriate reductions for damage or loss within 10 working days of the date following the final day of the Hire Period or, if later, the day the Goods are returned to us.
11. TITLE, RISK AND INSURANCE
11.1 The Goods shall at all times remain the property of Secret Garden Wedding Services and you shall have no right, title or interest in or to the Goods (apart from the right of possession and use of the Goods subject to these terms and conditions).
11.2 You will be responsible for the Goods (including for the risk of loss, theft, damage or destruction) from delivery unless you collect the Goods in which case the risk shall pass to you when you collect the Goods. The Goods shall remain your responsibility during the Hire Period and any further term during which the Goods are in your possession, custody or control and until such time as the Goods are redelivered to us.
11.3 You shall give written notice to us at the time of return in the event of any loss, theft, damage or destruction of the Goods whilst they are in your possession.
11.4 During the Hire Period and any further term during which the Goods are in your possession, custody or control, we strongly recommend that you obtain and maintain insurance for the Goods to a value not less than its full replacement value which shall cover you in the event that the Goods are lost, stolen, damaged or destroyed whilst in your possession, custody or control. If you are unsure how much to insure the Goods for, please contact us and we will provide you with the full replacement value of the Goods.
12. CARE OF GOODS
12.1 You shall:
12.1.1 only use the Goods for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to you;
12.1.2 at all times treat the Goods with a reasonable level of care and shall ensure that the Goods are kept and returned to us in the condition they were received;
12.1.3 not remove any labels from and/or interfere with Goods, their working mechanisms or any other parts of them and shall take reasonable care of the Goods;
12.1.4 not move, re-locate (unless we have agreed by prior arrangement in writing) or make any alterations or adjustments to the Goods. Under no circumstances should any hired Goods be placed or left outside a venue exposed to the elements.
12.1.5 only affix or connect other items to the Goods where it is not likely to damage the Goods in any way;
12.1.6 take adequate and proper measures to protect the Goods from theft, damage and/or other risks;
12.1.6a it is important to be aware that candle wax, bubble liquid and some foods may permanently damage fabric table runners. In the event that the stain or soil cannot be sufficiently cleaned or removed from said item, then we reserve the right to invoice you for the full replacement cost.
12.1.7 not remove the Goods from the United Kingdom; and
12.1.8 not continue to use the Goods where they have been damaged.
12.2 Damaged and lost Goods will remain the property of Secret Garden Wedding Services and repair or replacement fees will be invoiced to you within seven (7) days of us receiving written notice of the damage or loss.Invoices must be settled by you within ten (10) working days from the date of the invoice.
13.REPLACEMENT GOODS
13.1 If the Goods are lost, damaged or destroyed prior to your booking, you will be informed in writing and every effort will be made to find a like-for-like replacement for the Goods or, in the event that a like-for-like replacement cannot be located, Goods that are similar.
13.2 In the event that we are unable to find replacement Goods or the Goods are not to your satisfaction, the Order will be cancelled and you will be entitled to a full refund.
14. CHANGES TO THE ORDER
14.1 Any changes to the Order must be made in writing within thirty (30) days prior to the commencement of the Hire Period. You may increase the order at this time and your invoice will be adjusted accordingly. Acceptance of your adjusted volumes is wholly dependent on confirmation that we have the additional stock available and that you pay the balance immediately if it falls within the thirty (30) day period.
14.2 Any decrease in numbers for hired goods, or total cancellation of any part of your order, that fall within the thirty (30) day period until the date of your event, will still be liable for full payment and under no circumstances will any part or full refund be given.
15. CANCELLATIONS BY YOU
15.1 Order cancellations must be notified to us in writing. The Order will be cancelled when we send confirmation to you that notice of cancellation has been received.
15.2 You may cancel the Order and receive a full refund less 25% which formed the initial non-refundable deposit unless you cancel within fourteen (14) days of the initial order date whereby a full refund of any monies paid will be fully refunded.
15.3 In the event that you cancel within ninety (90) days of the commencement of the Hire Period, all sums paid will be retained and any outstanding monies due to the total value of the order will be required.
15.4 We will make any refunds due to you as soon as possible. Refunds will be given by BACS transfer or cheque only.
16.TERMINATION
16.1 We reserve the right to cancel your Order and not supply the Goods in the following circumstances:
16.1.1 you fail to make payment of the Deposit, Damage Deposit or the Remaining Balance when due under the Order and you still do not make payment within 7 days of us reminding you that payment is due;
16.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods, for example, the delivery address if we have agreed to deliver Goods to you;
16.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
16.1.4 you breach these terms or conditions and the breach cannot be remedied within 14 days of receiving notice requiring the breach to be remedied;
16.1.5 by giving written notice to you no less than thirty (30) days prior to the commencement of the Hire Period.In the event that we cancel your Order in these circumstances, you will be entitled to a full refund of the Deposit and remaining Hire Fees paid.
16.2 In the event of termination for any of the above reasons:
16.2.1 all payments required under the Order shall become due and immediately payable; and
16.2.2 we shall have the right to request the immediate return of the Goods or repossess the Goods and may charge you for any reasonable costs involved in such repossession.
16.3 On termination of the Order, howsoever caused, our rights contained in this clause 16 shall remain in effect.
17. IF THERE IS A PROBLEM WITH THE GOODS
17.1 If you have any questions or complaints about the Goods, please contact us via the contact details provided in clause 2.2.
17.2 If the Goods do not conform to these terms and conditions, you will be entitled to a refund of the Hire Fee paid for such period of hire that you do not receive the benefit of. For example, if the Goods become faulty on day three (3) due to no fault of your own, you will be entitled to a refund of one third (1/3) of the Deposit and Remaining Balance paid. You must notify us of any problems with the Goods within thirty (30) days of the first day of the Hire Period.
17.3 If the Goods do not conform to the terms of the Contract on delivery or collection, you may request that they are repaired or replaced.If we are unable to do this because the Goods cannot be repaired or we do not have similar Goods available, you will be entitled to a refund in accordance with clause 17.2.
18. HEALTH & SAFETY
18.1 We conduct thorough risk assessments of our Goods at regular intervals and carry out maintenance to ensure that the Goods are fit for purpose, of satisfactory quality and compliant with applicable laws and regulations on health and safety.
18.2 During the Hire Period and any further term during which the Goods are in your possession, custody or control, you are responsible for ensuring that the Goods are handled, used and stored appropriately.
18.3 We take no responsibility for injury or damage caused to any property or person as a result of the Goods during the Hire Period and any further term during which the Goods are in your possession.
19. SUB HIRE
19.1 You may not sub-hire our Goods. The person hiring the Goods must be the person or a representative of the person who intends to use them.
20. OTHER IMPORTANT TERMS
20.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within thirty (30) days of us telling you about it and we will refund you any payments you have made in advance for Goods not provided.
20.2 We will not be liable for a force majeure event. We will not be held liable for an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm. If such an event prevents us from performing our obligations under the Order, the Order will be terminated and clause 16 shall apply.
20.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
20.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
20.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Goods in the English courts.
20.7 Alternative dispute resolution. You can submit a complaint for resolution at the European Commission Online Dispute Resolution Platform via the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.
LED DANCE FLOOR, MAGIC MIRROR, PHOTO BOOTH & LED LIGHT UP LETTERS
We strongly advise that people take out Wedding or Event Insurance!
Booking
A non refundable booking fee specified on the booking contract must be paid in advance , the remainder of the fee to be paid no less than 30 days prior to function date. By paying the booking fee you are agreeing to our Ts & Cs. Without the booking fee being paid the booking will not be guaranteed under any circumstances
Balance to be received no later than 30 days before the event start date. If the balance payment is not received by this date then we reserve the right to cancel the booking with no refund on monies already paid.
Any event with a start date of less than 30 days from booking contract being sent will be required to pay in full.
Should you wish to make any changes to your booking we will send a revised booking contract.If we agree to the changes an additional booking contract will be raised
It is the client’s responsibility to inform us of any specific details regarding access if the function room is not on the ground floor. Failure to do so may result in us not having adequate time to install or dismantle the equipment by the specified times.
Cancellations
Any cancellations made by the client will result in all monies paid being forfeit. If the cancellation is within 90 days of the event’s start date then the full payment shall be required less any expenses that we will no longer incur.
If you choose to cancel your function in circumstances of force majeure then full payment shall still be required (if within 90 days of event start date). If you wish to postpone the event for a future date then full payment will still be required but a discounted rate may apply to cover costs for the rescheduled date if we are available.
We reserve the right to cancel your booking for any but not limited to the following reasons -
We believe the venue to be unsafe or unsuitable
If there is illegal activity at the event
Where our equipment is at risk
Where our staff are at risk
Where the use of our equipment is unsafe which can potentially lead to damage to the equipment, venue or injury/death to you, your guests, other suppliers or the public.
If we cancel for any of these reasons we will not issue any refunds.
If for circumstances beyond our control we are unable to attend and an alternative supplier cannot be sourced then a full refund will be issued within 1 calendar month from the acknowledgement that the refund will be issued. This includes but is not limited to extreme weather or acts of terrorism. This will be processed in the same means as to which it had been paid. Under no circumstances will we refund to a different person or to a different card than to which it was paid.
Damage
The client is liable for any damages or loss to equipment by themselves, guests and anyone else in attendance at the event.
If any of our equipment is damaged or lost then not only will there be repair/replacement costs but also hire costs to cover the period of which the Company is without the damaged or lost equipment. You will be informed at the time of booking on your booking contract an approximate value of the equipment that you have on hire. This is to be used as a guide and not an exact replacement cost figure.
The Client is responsible for ensuring all other suppliers and the venue carry full Public Liability Insurance, if any damaged is caused to our equipment by a supplier that is uninsured then the client shall be responsible for all costs
Installation and Collection
When the initial booking is made a time will be noted for the set up and collection of any equipment. This should be as accurate a time as possible as we may not be able to accommodate any changes to these times at a later date. If you do require a change in time please contact us as soon as possible. If we are unable to accommodate the change in time and you wish to cancel no refunds will be given.
The set up time stated in the booking contract is the minimum amount of the time required once the area for the equipment is clear and the equipment is in the room. We cannot be held responsible for any delays in the set up when we take longer than the approximate quoted length of time. Please ensure that we have clear access from unloading to the function room and the room is clear of guests and obstacles as quickly as possible so that we can set up in a quick and safe manner.
When we are on site to set up we do allocate a small amount of time for any delays your wedding or event may experience. However we may have a limited window in which to set up due to other bookings. In the event that your wedding or event overruns and is believed that the delays would impact on other bookings on the day we reserve the right to leave the venue without installing. If this does happen we will not issue a refund. If we are able to stay on site when there are extended delays and waiting we may charge a waiting fee per crew person on site.
Please ensure that your event finishes at the agreed time. If for any reason your event runs over we reserve the right to charge waiting time for crew. We also reserve the right to charge additional costs if other collections/ installs are affected by the non-agreed change in times.
For any equipment we need to suspend or hang we will require suitable fixing points at the venue, these can be hooks, beams or any other secure fixing points. In the event that the venue does not have these, we can use temporary fixings which are designed not to damage walls/ ceilings in anyway. However we cannot be held responsible for any of the temporary fixings failing as there are many factors which can influence these which we are unable to trial before arriving at the venue.
UNDER NO CIRCUMSTANCES - are venue staff, other suppliers, yourselves or guests allowed to move, alter, change or use our equipment unless expressed in written confirmation prior to the wedding or event. If we believe that anyone has or will do this to any of our equipment we reserve the right to remove the equipment from the venue irrespective if the event has finished. No refunds will be issued if we remove the equipment early.
Our Staff
Our staffs wellbeing is of the upmost importance to us so under no circumstances will we tolerate violence or abuse to our staff either at the event or prior to the event. If this does happen the event will immediately be cancelled. No refund shall be issued.
Soft Drinks are to be provided to all equipment operatives for the duration of the event. Food will also be required when staff are on site for greater than 4 hours. This is calculated from the time they arrive on site to the time they leave.
Our Equipment
Dance Floors - Due to the outside influences that dance floors are subject to throughout an event we are unable to guarantee 100% LED reliability through the entirety of an event. There are many factors which can disrupt the dance floors which include but not limited to excess spillages of drinks, static, movement of dance floor due to uneven floors. . The dance floor will be in full working condition when installed but no further responsibility for any failures throughout an event will be accepted.
Tables and chairs or any other furniture are not to be placed on top of our dance floors without prior consent from us.
Photo booths are not to be used by unaccompanied children.
Any special effects or other equipment shall only be used where the venue permits it. If for any reason the venue does not permit a special effect then no refunds will be issued. It is the client’s responsibility to ensure that anything that they have booked is allowed at the venue.
It is the client’s responsibility to ensure that any equipment is suitable for their purpose.
All equipment supplied is regularly PAT tested by a competent person.
The client shall be responsible at all times to arrange the proper supply of electricity for use with the equipment.
The client is responsible to the Owner from the commencement of the hiring for the safekeeping of the equipment and for its use in a proper manner.
At the end of the hire, the client must return the Equipment to the Owner (fair wear and tear excepted) in the same condition as at the commencement of the hire.
SWEET CANDY CART & TABLE / DOUGHNUT WALL / PIMP YOUR PROSECCO
Liabilities & Allergies (Confectionery and Food items)
In no circumstances shall our liability to you exceed the invoice value of the contract.
Please note that some confectionery, including sweets and doughnuts, may contain nuts, have traces of nuts or nut oils, or may have been in contact with other products containing nuts. Therefore, we cannot guarantee that any sweets/doughnuts are nut free. Secret Garden Wedding & Event Services cannot be held responsible for any issues resulting from food allergies.
Customers should ensure that children are responsibly supervised at all times to avoid the risk of choking when consuming the confectionery and suffocation from plastic sweet wrappers and bags.
Secret Garden Wedding & Event Services cannot be held responsible for any safety issues which may occur from the consumption of our confectionery or the use of our equipment at your event, including plastic and glass objects.
GENERAL
Nothing in these terms and conditions shall make the Owner liable for any consequential loss to the Customer including any expense, liability, loss, claim or proceeding whatsoever caused by or arising out of the late delivery, non-delivery, unsuitability, incompatibility or any breakdown.
No client, company, customer, person, staff member or other crew person may approach any of our staff for direct work without the express permission of Secret Garden Wedding & Event Services.
These are the terms and conditions of Secret Garden Wedding & Event Services and by paying the deposit you agree to abide by them.
Current terms and conditions above as of 1st March 2020