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CARPE DIEM MARQUEES AND EVENTS LTD - Terms and Conditions.
(In regard to the following Terms & Conditions, Carpe Diem Marquees and Events Limited shall be referred to as “the Company” and the prospective client wishing to hire equipment or structures shall be referred to as “the Hirer”.
1. PRICE & PAYMENT
A non refundable 20% deposit will be required to secure a booking and will be requested at the Companies discretion on an individual event basis. The full balance is due to be paid 4 weeks prior to the day of delivery by cash, balance transfer or credit / debit card. We cannot accept cheques at delivery. Payment can be made by BACS or Bank Transfer but these payments must be showing as cleared before the delivery date or the customer must e-mail evidence that BACS transaction has been initiated. Cheque payments cannot be accepted any later than 14 days before the delivery date and must be showing as cleared funds in the Company account prior to delivery. The Company reserves the right to charge interest on overdue monies at the rate of 8% per annum above the bank base rate and varied from time to time. In addition if the Customer defaults on payment the Company reserves the right to place the matter in the hands of their debt recovery agents, without prior warning in writing, and shall be entitled to a full reimbursement of any fees or disbursements paid to the debt recovery agent to aid recovery of monies outstanding to the Company.
2. INSURANCE
The Company Insurance covers our equipment for all risks excluding theft, wanton damage or vandalism. The Hirer shall be responsible for an excess for the first £1000 of any claim.
The Company insurance includes full public liability cover of 10 million pounds.
Security of unattended equipment is the full responsibility of the hirer especially if the site is not the hirer’s land; we strongly advise that the hirer arranges security for the duration of the hire as loses will not be covered by the Company Insurance. The hirer will be responsible for all equipment hired until collected by Company employees. If there is a delay in collection then the hirer must ensure that all equipment is secured in order to prevent theft/damage. If the Company cannot gain access to equipment hired then this will remain the responsibility of the hirer until such times at it can be collected.
3. UNDERGROUND SERVICES
It is the hirer’s responsibility to provide the company with the location of any underground services (gas, water, electricity etc) that could be damaged by marquee fixing spikes. The hirer will be responsible for any costs associated with the repair to unmarked/unidentified services and associated costs relating to their interruption resulting from not being identified to the company.
4. WEATHER
If extreme weather is forecast during the hire period we have the right to decline the erection and use of the structure. This is for the safety of all concerned. A wind management plan will be supplied to the Hirer and it is their responsibility to ensure that this is followed. The Company monitors wind forecast daily and if gusting winds which exceed those set out in our wind management plan are predicted we will endeavour to contact the Hirer and give advice on action to be taken. If the wind management plan is not followed the Hirer will be liable for any damages, claims by third parties or costs as a result of this not being followed. Hirers will be liable for the full hire fee in the event of late cancellation due to weather. Hirers must be aware of this possibility especially during the winter months. Additional Insurance is available at the hirer’s request, which will cover the cost of cancellation / site changes etc. (please ask for details).
5. DAMAGE
Any equipment or items found damaged or missing during the hire period will be repaired or replaced at the hirer’s expense. No items or objects should be stuck to, fixed to, or suspended from the marquee sides, roofs or framework. If tape is used anywhere on the marquee structure a minimum charge of £50 will be levied for cleaning any residue.
6. MARQUEE STRUCTURE
When the marquee has been erected and all exits or openings agreed, this should not be altered or tampered with in any way as this may render the structure unsafe.
7. FLOORING OR GROUND/CONDITION OF SITE
It is expected that if flooring is ordered the ground will be suitably flat to accommodate the type of floor used. The company cannot be held responsible for any uneven finish to the floor caused by pitting or bumps on the surface beneath, the hirer should arrange to level surfaces as much as possible prior to marquee erection. If the marquee build is delayed or cancelled due to the site being ill prepared this may result in loss of the booking deposit and the Company cannot be held liable. Grass surfaces must be cut short and all debris including fouling by dogs must be removed prior to the build.
Carpe Diem Marquees and Events conditions for hire charges is made on the assumption that the site on which the tents or equipment are to be erected or to which goods are to be delivered is:
If the said site does not comply with these requirements Carpe Diem Marquees and Events Ltd may, in its absolute discretion, either rescind the contract by giving oral or written notice to the Hirer or make additional hire charges. Carpe Diem Marquees and Events Ltd shall not be liable to the Hirer for any loss damage or expense resulting from such rescission of the contract.
8. SAFETY
For the safety of all concerned, the hirer may not enter the structure during the time the Marquee is being built. The company cannot be held responsible for any injury or damage sustained by the public in or around the marquee during the hire period. Under no circumstances should the hirer alter or tamper with any electrical appliance or power lead following installation. This includes extension cables. The hirer should not “plug in” any electrical appliance or power lead to existing extension cables without first discussing this with a Company representative as this can lead to mains power being overloaded resulting in tripped fuse boxes.
9. FURNITURE
The company will place all furniture inside the completed marquee. It is the hirer’s responsibility to arrange the layout of tables and chairs etc. The hirer must ensure that tables and chairs are folded and returned to the delivery area and are stacked for collection following use. A minimum charge of £50 will be levied to the hirer for non-compliance in this instance. All furniture will be counted in and out with any shortages charged to the hirer.
10. HIRERS RESPONSIBILITY
The hirer is responsible for signing a completed safety checklist after consultation with a company representative once the marquee has been installed and in signing this checklist agree to abide by any instructions therein. If the hirer is not present to sign the safety checklist two company representatives will do this on their behalf and a copy will be left for the hirer’s reference. The hirer shall not use cooking equipment, lighting or electrical appliances or decorate the interior/exterior of the marquee without prior consent from the company. Any damage/soiling resulting in such use that may require repair or cleaning will be charged to the hirer. It is the Customers responsibility to supply any firefighting equipment & emergency exit signs that may be required.
We can supply a 6ltr foam fire extinguisher upon request at an additional charge (£50 + vat). If this has been arranged, then it will be detailed on the order form.
Marquees and all equipment must be left in a clean and tidy condition with all personal items, rubbish, ALL decorations/fixings etc. removed from the marquee. A minimum cleaning charge of £75 will be made in circumstances where this has not been adhered to. Sticky tape is not permitted on marquee canopy or windows/walls. Coloured tissue, paper decorations, party poppers or similar are not to be used under any circumstance as the dye permanently stains the marquee when damp or wet. The canopy and/or side walls would need to be replaced in these circumstances and the hirer charged accordingly. Hay bales are not permitted in the marquee if matting is supplied. Please do not hang anything from marquee poles or framework without prior consultation with a representative of the company first.
11. EXTENDED HIRE
11. LIABILITY
The Company will not accept Liability and you may be liable for part/full hire fee:
12. CANCELLATION BY CUSTOMER
In any instance where the Customer needs to cancel their order they must first email to inform us of the cancellation, or calling and informing a member of staff. Answer machine messages informing us of cancellation are unacceptable. The Customer must ask the name of the member of staff that they are giving cancellation instructions to and supply a live e-mail address in order that written e-mail confirmation of the cancellation can be sent by return confirming our acceptance of the cancellation. If the Customer cannot provide evidence of this procedure being followed they may be liable for the full cost of their hire.
13. FORCE MAJEURE
While every effort will be made by the company to carry out any order accepted, the full performance of it is subject to variation or cancellation by the company consequent upon Acts of God, War, Strikes, Riots, Lockouts or any other disturbances. Fire, Flood, Storm, Gale or Tempest restrictions on the use of Transport, Fuel or Power. Requisitioning Storage of material or transport or labour or any other cause beyond the control of the Company.
I have read and fully understood Carpe Diem Marquees and Events Ltd Terms and Conditions, including Payment Terms and agree to abide by them.
Quote/Invoice Number
PRINT NAME
SIGNATURE
DATE
Print, Sign and Post or email
Please note that due to the seasonal availability of flowers it may be necessary to vary individual stems from those shown. Our skilled florists may substitute flowers for one similar in style, quality and value. Where our designs include a sundry item like a vase or basket it may not always be possible to include the exact item as displayed. If such an occasion arises we will make every effort to replace the item with a suitable alternative.
1 TERMS - RETAIL PRODUCTS ONLY.
1.1 These Terms and Conditions of Sale (“Terms of Sale”) are the terms and conditions on which Carpe Diem Floral Design (“we”, “us” or “carpe Diem florals”) provides products to you (including flowers). In addition to the Website Terms of Use, your purchase of products from us through this website or via any other method (e.g. telephone or email) is subject to these Terms of Sale. Please read these Terms of Sale carefully before ordering any products from our site or via any other method. By placing an order for any of our products, you agree to be bound by these Terms of Sale. 1.2 If you place an order through our website, you will be asked to tick a box on the final page of the checkout section to confirm that you accept these Terms of Sale before you can proceed with your order.
2 INFORMATION ABOUT US
2.1 carpediemevents.co.uk is a website operated by Carpe Diem Marquees and Events ltd, a private limited company incorporated and registered in Scotland whose registered office is at 18 Lochlea Grove, Kirkcaldy, KY2 6DY. Our company registration number is Sc655651. Our VAT number is 398462051. 2.2 If you need to contact us, please telephone us on +44 (0) 1592 646607 or email us at enquiries@carpediemevents.co.uk.
3.SERVICE
3.1 Our aim is to bring you beautiful high-quality floral designs via an excellent service. 3.2 Carpe Diem offers an ordering and delivery service in fife Operating hours will vary depending on local trading conditions. Please click on the relevant link to view the options for each product on our website, and then click on your chosen option – you will then be able to submit your order.
ORDER
3.3 When you place an order for our products via the website (or any other method), we will send you an email thanking you for your order and confirming your order and payment has been received and accepted by us (the “Confirmation Email”). The contract for the supply of any products will be between you and us and will only be formed when you have been sent the Confirmation Email. 3.4 Please ensure that you have given us a correct email address and telephone number as this is how we will communicate with you about your order. Upon receipt of the Confirmation Email, please check the Order details for accuracy and let us know immediately if there are any errors.
DELIVERY
3.5 We will advise you in the Confirmation Email of the intended delivery date. If you place an order through our website, you will be able to select your preferred delivery date. 3.6 Our aim is to provide the best delivery service possible. Unfortunately, things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. The timing of your delivery will be determined taking into account the number of orders and the circumstances being faced by us at that time.3.7 Inaccuracies in your details may lead to problems or delays in delivery so please ensure that you have included in your order the full delivery address details, including an accurate postcode, of the intended recipient and a valid telephone number so that your order arrives to the correct location and we can notify you if we encounter any delivery difficulties. If the intended recipient does not open the door or respond to telephonic correspondence within 10 minutes of our delivery drivers physically reaching the delivery address, we reserve the right to leave the premises, and you will be charged for any redelivery. 3.8 Carpe Diem seeks to provide a quality service and should be the first point of contact in the event that there is a problem with your products or delivery with regards to quality and/or substance. We do monitor our deliveries very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. Please check your delivery immediately after it arrives and let us know if you have any issues by emailing or calling us.
4 FLOWERS
4.1 All orders of flowers are subject to availability. You understand and accept that flowers are natural products and some variation in size, colour, shape and length of life is to be expected and that they might vary slightly from the specifications. In the event of any supply difficulties, you acknowledge and agree that, at our sole discretion, we may substitute an ingredient or component with one of similar value and quality without notice. 4.2 Please call us prior to ordering if you have an allergy. We cannot guarantee that any of the flowers supplied by us are free of allergens. Some flowers may be harmful or poisonous. If you require further information before submitting an order, please contact us. 4.3 In order to get the best out of your flowers, please follow any maintenance guidelines or instructions that we may give to you. 4.4 Please note that fresh flower arrangements last an average of 5 to 6 days if properly cared for and our maintenance guidelines are followed. However, some seasonal flowers may only last 3 to 4 days; this is a characteristic of the flower. Assuming that your flowers are properly maintained in accordance with our guidelines, we only guarantee our flowers for these time periods. 4.5 Vases shown in our website images are for styling only and will not be included with your order. 4.6 Please note that the images of the flowers and bouquets on our website are for illustrative purposes only and demonstrate the Medium size bouquet. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the flowers. Your flowers may vary slightly from those images. Please refer to the product descriptions on the website which will set out full details of the product.
5. PRICE AND PAYMENT
5.1 Prices listed on our website (or provided to you by any other method) include VAT and exclude delivery unless otherwise stated. If a delivery charge applies to your order, you will be notified during the ordering process and in the Confirmation Email that we send to you. 5.2 Whilst we will try to ensure that all prices on our website are accurate, errors may occur. We will normally verify prices as part of the order process. In the event that a product you have ordered is listed at an incorrect price due to a typographical or administrative error, we will notify you of the correct price before dispatching your order and you will have the option of cancelling your order. 5.3 Prices will vary between menus and options on our website. Prices are also liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you in such circumstances. 5.4 Payment for our products can be made by credit or debit card through our website or over the telephone. Once your order has been confirmed, your credit or debit card will have been authorised and the amount marked for payment.
6. REFUNDS
6.1 Should you cancel your order before it has become a Started Order (as defined in Section 7.1 below), we will refund your order. 6.2 In addition, subject to what we say in Section 4.4 above, if your order is incorrect or faulty, you will be entitled to a refund or replacement product. However, if there is a problem, you must let us know within one hour of receiving the order, due to the perishable nature of our products and in order to assist us in resolving any complaints quickly. You may not be eligible for a refund if you fail to notify us within this timescale. 6.3 Where there is a query regarding a refund, we will seek to review each situation and try to find an amicable solution. However, our decision on such matters will be final.
7. CANCELLATION
7.1 Orders may be amended or cancelled before we start to process and prepare the order. You can cancel an order by contacting us by email or telephone. Once we have started to process and prepare the order, it will be a “Started Order” and if you cancel a Started Order, you will be charged for that order in full and not be entitled to any kind of refund. If you cancel an order that is not a Started Order, you will not be charged for the order and, if you have paid, will be entitled to a refund using the same method of payment. Please note that we will decide, at our sole discretion, whether an order is a Started Order.7.2 We may cancel an order at any time (if, for example, the product you ordered is not available, we are unable to obtain authorisation for your payment or a price or product description error is identified) and will let you know if we cancel an order. In such circumstances, you will not be charged for the order that has been cancelled by us and, if you have already paid for the order, you will be entitled to a refund using the same method that you used to pay for your order. 7.3 Nothing in these Terms of Sale shall affect any statutory rights of cancellation that you may have, but please note that any right to cancel under the Consumer Contracts Regulations 2013 does not apply to perishable goods such as flowers.
8. OUR LIABILITY
8.1 If you are a consumer, you have legal rights in relation to products that are faulty, not of satisfactory quality or not as described. Nothing in these Terms of Sale will affect these legal rights. 8.2 We do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for breach of your legal rights in relation to our products.
8.3 We will not be liable to you if we are prevented or delayed from complying with our obligations under these Terms of Sale by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control. 8.4 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these Terms of Sale or our failing to use reasonable care and skill, and we are not responsible for any loss or damage that is not foreseeable. Losses are foreseeable where if either it is obvious that they will happen or if they could be contemplated by you and us at the time your order is accepted by us. 8.5 In any event, we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues, lost business opportunity or business interruption 8.6 You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice. 8.7 We shall not be liable in respect of any allergic reactions occurring due to flowers or other material used in any arrangements, or if any staining or discoloration occurs due to the arrangements, unless instructed by you not to use particular flowers or materials or (in the case an allergic reaction) caused by our negligence. 8.8 In addition to the above and subject to clause 8.2, Subject to all of the above, if you are a business customer: (a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and (b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
9. INTELLECTUAL PROPERTY
9.1 You acknowledge and agree that Carpe Diem ownership of all intellectual property rights and other rights in all and any designs, creative proposals, arrangements, artwork, drawings, photographs, visual images, displays, mood boards, materials, content and other information (“Materials”) that we create for you or provide or make available to you in relation to your order. You shall have no right to use, copy or modify the Materials in any way (whether for commercial or personal use or otherwise) without our prior written consent. 9.2 You acknowledge and agree that damages may not be an adequate remedy for a breach of Clause 9.1 and that, without prejudice to any and all other rights or remedies that it may have, we shall be entitled to seek an injunction, an order for specific performance or any other equitable relief for any actual or threatened breach. 9.3 Credit must be given to us in any social media photography that you take, using the hashtag #mcqueensflowers.
10. GENERAL
10.1 Save in respect of fraudulent misrepresentation, these Terms of Sale comprise the entire agreement between you and McQueens and supersede all prior representations, agreements, arrangements and understandings between you and us (whether written or oral) with respect to your order. 10.2 No statement by any individual employed by us should be understood as a variation of these Terms of Sale or as a representation about the nature, quality of the website or any products made available on the website.10.3 Each of the provisions of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful, invalid or otherwise unenforceable, those provisions shall be deemed severed from the remaining provisions and such remaining provisions will continue in full force and effect.10.4 No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. 10.5 A person who is not a party to this agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms of Sale but this does not affect any right or remedy which exists apart from that Act. 10.6 Your purchase will be deemed to have occurred in the UK. The scottish courts will have exclusive jurisdiction over any claim arising from, or related to, your order, our products and/or these Terms of Sale. These Terms of Sale and any dispute or claim arising out of or in connection with them or their 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.10.7 Please read the terms of our Privacy Policy which contains important information about the use of the personal information you provide when using our website or placing an order with us. 10.8 We may revise these Terms of Sale at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
Carpe Diem Marquees and Events Ltd
Unit 2 15 Randolph Place, Kirkcaldy, KY1 2YX