Our terms and Conditions for the Sale of goods and services
1.1 These are the terms and conditions on which we supply products to you.
1.2 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.
1.3 Submitting an Order from us will constitute your acceptance of these terms and conditions.
1.4 By placing an Order you also confirm that you are over the age of eighteen and legally capable of entering into binding contracts.
1.5 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 9 Byefields, Kempsey, Worcester, WR5 3NN.
2.2 You can contact us by telephoning 07887 637407or by writing to us at 9 Byefields, Kempsey, Worcester, WR5 3NN or emailing firstname.lastname@example.org.
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 Order.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 To place an order for the purchase of Goods or Personalised Products (as defined below) please complete your order on our website ( www.secret-gardenweddingservices.co.uk ) (Website), submit it to us and pay for the Goods in full.
3.2 Our acceptance of your Order will take place when we email you to accept it, at which point a contract will come into existence between you and us (the Order).
3.3 If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the Goods and/or Personalised Products. This might be because the Goods, designs and materials 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.
3.4 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.
3.5 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 Goods and Personalised Products
4.1 The goods are those goods available for sale on our Website from time to time (the Goods) and the personalised products are the bespoke poems and stationery that are designed and created subject to the requirements of your Order (the Personalised Products). For further detail on the Personalised Products available for sale, please see our Website as amended from time to time.
4.2 All Goods and/or Personalised Products are subject to availability.
4.3 The images of the Goods and/or Personalised Products 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 and/or Personalised Products may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
4.4 The packaging of the Goods and/or Personalised Products may vary from that shown in images on our Website.
4.5 If we are making the Personalised Products to measurements and requirements you have given us you are responsible for ensuring that these measurements and requirements are correct. You can obtain information and tips on how to measure by contacting us.
4.6 We reserve the right to substitute materials for similar products should materials become unavailable, however we will always inform you if we need to substitute a product for one that is significantly different to the one pictured/described on our Website.
4.7 You acknowledge and accept that the Personalised Products and Personalised Poems may contain small parts and care should be taken around young children.
5. Personalised Products
5.1 As a design company, we endeavour to ensure that our Personalised Products meet the specifications we have agreed with you.However, due to the handmade nature of the Personalised Products, there may be slight variations from one to another.
5.2 By uploading, posting, contributing or including any content or material in a Personalised Product, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing obligations and exercising rights under these terms and conditions. Please note that we may modify content or material so that it conforms with the requirements of the Personalised Product you have ordered.
5.3 We do not permit any Personalised Products to contain any content or material which:
5.3.1 infringes anyone's copyright: in particular, you must ensure that you either own the copyright in an image or any other content, including but not limited to hymns and readings, that you wish to include in a personalised product or that you are fully licensed by the copyright owner to include that image or other content in the personalised product;
5.3.2 infringes any other Intellectual Property Rights (as defined in clause 13) of any person or entity or a duty owed to any person or entity;
5.3.3contravenes any applicable law (including, without limitation, any criminal law) or regulation;
5.3.4 is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause nuisance, annoyance, inconvenience or distress to any person;
5.3.5 includes any material containing personally identifying information about another person, such as their address, phone number, or email address, except with the written approval of that person;
5.3.6 contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
5.3.7 may harass, upset, embarrass or alarm any person; or
5.3.8 gives the impression that it emanates from or has been approved by us advocates, promotes or assists any unlawful act.
5.4 In order to ensure the accuracy of your Order, electronic proofs and an approval form will be sent to you for all Personalised Products. The estimated lead time for Personalised Stationery is six (6) weeks from acceptance of the Order.
5.5 It is your responsibility to review the proof thoroughly to ensure that it is to your complete satisfaction. You are responsible for checking the wording, layout and spelling. We shall not be held responsible or liable for errors submitted to us at the time of ordering and which have not been highlighted at proofing.The proof can be amended as many times as necessary and should you make any changes, a revised proof will be sent to you with the relevant changes.
5.6 Once you are happy with the contents of the proof, you will be required to email us your signed approval form and confirmation to proceed with the Order. Any amendments to the Personalised Products required after the proof has been approved will incur additional charges.Such charges will be agreed in writing.
5.7 No proofs will be supplied for Personalised Products requiring printed guest names, for example, place cards and table plans. You will need to supply us with a list of the names and it is your responsibility to ensure that all spellings are correct. Should you require any amendments to the names after supplying us with the list, additional charges will be incurred. Such charges will be agreed in writing.
5.8 We will only commence an Order following receipt of signed approval of any proof sent to you by us.
6. Personalised Poems
6.1 Once an Order has been placed, you will be required to provide us with a brief within 14 days, which shall include but is not limited to, details of what the poem is for, any personal content to be included and whether humour is required. Following receipt of the brief, we shall commence writing. The estimated lead time for Personalised Poems is six (6) weeks from acceptance of the Order.
6.2 Due to the nature of the Order, you shall not be provided with any draft or proof until completion of the Personalised Poem.
7. Personalised Stationery
7.1 Orders are subject to a minimum quantity requirement of fifteen (15) pieces of stationery.
7.2 Individual samples can be requested prior to purchase.Each individual sample will be charged at five pounds (£5) per sample.Such fees will be refunded against any Order placed.
7.3 In the event that stationery is ordered in stages, we cannot guarantee continuity of design, including but not limited to, print colour, textures and shades of the materials used.
8. Price and Payment
8.1 The price of the Goods and/or Personalised Products (which includes VAT) will be the price indicated on the order pages when you placed your Order. We take all reasonable care to ensure that the price of the Goods and/or Personalised Products advised to you is correct. However please see clause 8.4 for what happens if we discover an error in the price.
8.2 Any additional requirements to the Goods and/or Personalised Products not contained within the Order shall be invoiced separately. In these circumstances, full payment for the additional requirements must be received before we can proceed with the Order.
8.3 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods and/or Personalised Products in full before the change in the rate of VAT takes effect.
8.4 It is always possible that, despite our best efforts, some of the Goods and/or Personalised Products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we have already accepted the Order, you reserve the right to terminate the order in accordance with clause 14.
8.5 We accept payment by Paypal or BACS transfer. You must pay for the Goods and/or Personalised Products before we dispatch them.
8.6 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of National Westminster Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
8.7 If you think an invoice amount is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
9. Your rights to make changes
9.1 If you wish to make a change to the Goods and/or Personalised Products you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Goods and/or Personalised Products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract in accordance with clause 14.
10. Our rights to make changes
10.1 We may change the Goods and/or Personalised Products to reflect changes in relevant laws and regulatory requirements as amended from time to time.
11. Ownership and risk
11.1 You own the Goods when they have been paid for in full and you own the Personalised Products (save the Intellectual Property Rights in accordance with clause 13) when they have been paid for in full and we have completed the Personalised Products.
11.2 The Goods and/or Personalised Products will be your responsibility from the time we deliver them to the address you provided to us or you collect them from us.
12.1 The costs of delivery will be the cost displayed to you on our Website.
12.2 During the order process we will let you know when we will provide the Goods and/or Personalised Products to you:
12.2.1 for Goods, we will contact you with an estimated delivery date, which will be within thirty (30)days after the day on which we accept your Order.
12.2.2 for Personalised Products, we will begin:
126.96.36.199 making Personalised Stationery following receipt of the signed acceptance form agreeing with the contents of the proof; and
188.8.131.52 writing Personalised Poems following receipt of your brief.
The estimated completion date for the Personalised Products is the date advised in writing during the Order process. We will notify you of an estimated delivery date once we have completed the Personalised Products.
12.3 We shall not be held responsible for any loss caused, whether financial or otherwise, as a result of you providing an incorrect delivery address when placing the Order.
12.4 Any delivery dates quoted are an estimate. Time for delivery shall not be of the essence unless otherwise agreed in writing.
12.5 If our supply of the Goods and/or Personalised Products is delayed by an event outside our control, we will contact you as soon as possible to let you know and 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 end the contract and receive a refund for any Goods and/or Personalised Products you have paid for but not received.
12.6 If you have asked to collect the Goods and/or Personalised Products from our premises, 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.
12.7 If no one is available at your address to take delivery and the Goods and/or Personalised Products cannot be posted through your letterbox, the courier will leave you a note informing you of how to rearrange delivery or collect the Goods and/or Personalised Products from a local depot.
12.8 If you do not collect the Goods and/or Personalised Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 16.2 will apply.
12.9 We may need certain information from you so that we can supply the Goods and/or Personalised Products to you, including but not limited to, a brief, product specifications, names and wording. If so, this will have been stated in the description of the Goods and/or Personalised Products on our Website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 16.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Goods and/or Personalised Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
12.10 We may have to suspend the supply of Goods and/or Personalised Products to:
12.10.1 deal with technical problems or make minor technical changes; and
12.10.2 make changes to the product as requested by you or notified by us to you (see clause 10).
12.11 We will contact you in advance to tell you we will be suspending supply of the Goods and/or Personalised Products, unless the problem is urgent or an emergency. You may contact us to end the contract for Goods and/or Personalised Products if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the Goods and/or Personalised Products in respect of the period after you end the contract.
12.12 If you do not pay us for the Goods and/or Personalised Products when you are supposed to (see clause 3.1) and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend the Order for the Goods and/or creation of Personalised Products until you have paid us the amount due.
13. Our Intellectual Property Rights
13.1 All intellectual property rights in the Personalised Products arising out of or in connection with these terms and conditions are and shall remain the exclusive property of Secret Garden Wedding Services . For the avoidance of doubt, intellectual property rights include, but are not limited to, patents, rights to inventions, copyright and related rights, trade marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world (Intellectual property Rights).
13.2 In the event that you provide us with your pre-existing intellectual property in order for us to provide the Personalised Products to you, such rights shall remain your property or the property of any licensor.
13.3 You agree that you shall not:
13.3.1 copy, reproduce, publish or market the Personalised Products or any part of any of them in any form;
13.3.2 modify, adapt, develop or create any derivative work or carry out any act otherwise restricted by copyright or other Intellectual Property Rights in the Personalised Products; or
13.3.3 otherwise use the Personalised Products for commercial gain,
without our prior written permission and your acceptance of an appropriate licence agreement.
14. Your rights to end the contract
14.1 Your rights to end the contract will depend on the Goods and/or Personalised Products purchased, whether there is anything wrong with them, how we are performing and when you end the contract:
14.1.1 if the Goods and/or Personalised Products are faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 17;
14.1.2 if you want to end the contract because of something we have done or have told you we are going to do, see clause 14.2;
14.1.3 you may be able to get a refund if you are within the cooling-off period of fourteen (14) days, but this may be subject to deductions for any work previously carried out;
14.1.4 in all other cases (if we are not at fault and there is no right to change your mind), see clause 14.6.
14.2 If you are ending a contract for a reason set out at 14.2.1 to 14.2.5 below, the contract will end immediately and we will refund you in full for any Goods and/or Personalised Products which have not been provided and you may also be entitled to compensation. The reasons are:
14.2.1 we have told you about an upcoming change to the Goods and/or Personalised Products or these terms which you do not agree to (see clause 10);
14.2.2 we have told you about an error in the price or description of the Goods and/or Personalised Products you have ordered and you do not wish to proceed;
14.2.3 there is a risk that supply of the Goods and/or Personalised Products may be significantly delayed because of events outside our control;
14.2.4 we have suspended supply of the Goods and/or Personalised Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days or
14.2.5 you have a legal right to end the contract because of something we have done wrong.
14.3 For most products bought online you have a legal right to change your mind within fourteen (14) days and receive a refund.These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
14.4 You do not have a right to change your mind in respect of Personalised Products, once these have been completed, even if the cancellation period is still running.
14.5 How long you have to change your mind depends on what you have ordered and how it is delivered:
14.5.1 if you have purchased Personalised Products, you have fourteen (14) days after the day we email you to confirm we have accepted your order. However, once we have completed the Personalised Products you cannot change your mind, even if the period is still running. If you cancel after we have started the Personalised Products, you must pay us for the services provided up until the time you tell us that you have changed your mind.
14.5.2 if you have purchased Goods, you have fourteen (14) days after the day you (or someone you nominate) receives the Goods, unless your Goods are split into several deliveries over different days. In this case you have until fourteen (14) days after the day you (or someone you nominate) receives the last delivery to change your mind about the Goods.
14.6 Even if we are not at fault and you do not have a right to change your mind (see clause 14.1), you can still end the contract before it is completed but you may have to pay us compensation. A contract for Goods is completed when the product is delivered and paid for. A contract for Personalised Products is completed when we have finished the Personalised Products and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Goods and/or Personalised Products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
15. How to end the contract with us (including if you have changed your mind)
15.1 To end the contract with us, please let us know in writing that you want to cancel your Order. Please provide your name, home address, details of the Order and, where available, your phone number and email address.
15.2 If you end the contract for any reason after the Goods and/or Personalised Products have been dispatched to you or you have received them, you must return them to us.You must either return the goods in person, post them back to us or (if they are not suitable for posting) allow us to collect them from you. If you are exercising your right to change your mind you must send off the goods within fourteen (14) days of telling us you wish to end the contract.
15.3 When we will pay the costs of return. We will pay the costs of return:
15.3.1 if the Goods and/or Personalised Products are faulty or misdescribed; or
15.3.2 if you are ending the contract because we have told you of an upcoming change to the Goods and/or Personalised Products or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
15.4 If you are responsible for the costs of return and we are collecting the Goods and/or Personalised Products from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
15.5 We will refund you the price you paid for the Goods and/or Personalised Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
15.6 If you are exercising your right to change your mind:
15.6.1 we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
15.6.2 the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer;and
15.6.3 for Personalised Products, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind (see clause 14.6).
15.7 We will make any refunds due to you as soon as possible.If you are exercising your right to change your mind then:
15.7.1 if we are not collecting the Goods, your refund will be made within fourteen (14) days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods to us. For information about how to return a product to us, see clause 9.2; or
15.7.2 in all other cases, your refund will be made within fourteen (14) days of your telling us you have changed your mind.
16. Our rights to end the contract
16.1 We may end the contract for Goods and/or Personalised Products at any time by writing to you if:
16.1.1 you do not make any payment to us when it is due and you still do not make payment within 7days 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 and/or Personalised Products, including but not limited to a brief for personalised poems, specification requirements for personalised stationery and acceptance of the proof; or
16.1.3 you do not, within a reasonable time, allow us to deliver the Goods and/or Personalised Products.
16.2 If we end the contract in the situations set out in clause 16.1 we will refund any money you have paid in advance for the Goods and/or Personalised Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
17. If there is a problem with the goods and/or personalised products
17.1 If you have any questions or complaints about the Goods and/or Personalised Products, please contact us via the contact details provided in clause 2.
17.2 We are under a legal duty to supply products that are in conformity with these terms and conditions. See the box below for a summary of your key legal rights in relation to the Goods and/or Personalised Products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website or call 03454 04 05 06.
For goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
up to 30 days: if your goods are faulty, then you can get an immediate refund.
up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
For services, the Consumer Rights Act 2015 says:
you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
17.3 In respect of the Personalised Products, if for any reason the Goods and/or Personalised Products do not match the approved proof, please contact us within fourteen (14) days so that we may address your concerns.
17.4 If you wish to exercise your legal rights to reject the Goods and/or Personalised Products you must either return them in person to where you collected them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us via the contact details provided in clause 2 for a return label or to arrange collection.
18. Our responsibility for loss or damage suffered by you
18.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
18.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods and/or Personalised Products and for defective products under the Consumer Protection Act 1987.
18.3 We only supply the Goods and/or Personalised Products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.4 In the event of a claim against us for any loss or damage, our liability shall be limited to the value of the Goods and/or Personalised Product.
20. Other important terms
20.1 Assignment and other dealings. 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 Third parties. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
20.3 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 14 shall apply.
20.4 Severance. 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 Variation. Except as set out in these terms and conditions, no variation of the contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by us.
20.7 Governing law. The contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
20.8 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
20.9 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!
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.
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 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.
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 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.
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.
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 a deposit
you agree to abide by them.