TERMS AND CONDITIONS
Thank you for showing an interest in us and welcome to Teepee Delight (“Teepee/us/we/our”). We feel very privileged that you have chosen us to create your magical moments. We have popped a few useful things to know in our terms and conditions below. As always if you have any questions please do not hesitate to get in touch!
What these terms cover. These terms and conditions (“Terms”) set out the legally binding terms for the hire / purchase of our Products and will form the basis of the contract between Us and the customer (“you/your(s)”).
Why you should read them. Please read these Terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our products/services to you, how you and we may change or end the Agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms [or require any changes], please contact us to discuss this.
Your Order constitutes a contractual offer that we may accept. A legally binding contract between us and you will be created upon our acceptance of your Order. In acknowledging these Terms, you therefore agree to be bound by the terms of this Agreement.
If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in this agreement.
If you are an individual or consumer. Nothing in these Terms shall affect your statutory rights as a consumer.
1.1 In these Terms the following definitions shall apply:
Agreement: the contract between us and you.
Booking: shall mean the arrangement of the Product hire including, but not limited to, setting the dates for the hire term, agreeing the Price, and setting out any additional requirements that you may have.
Booking Fee: shall mean the total hire charges payable by you upon completing a Booking with us.
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Order: means your order to either purchase the Products or completing your Booking for the hire of the Products.
Order Confirmation: means our acceptance and confirmation of your Order.
Product: shall mean any of our products available for purchase or hire on our website.
Product Hire: shall mean the hire of any Products available on our website for the period of time requested.
(a) A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(b) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
(c) A reference to writing or written includes email.
2 WHO ARE WE
2.1 Who we are. We are Teepee Delight a [company registered OR partnership established OR sole trader established] in England and Wales. Our address is 11 Keswick Drive, Bramhall, Stockport, Cheshire, SK71DJ.
2.2 How to contact us. You can contact us by writing to us at the address above (2.1), or emailing firstname.lastname@example.org
2.3 How we may contact you. 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 in your order.
3 OUR CONTRACT WITH YOU
3.1 How we will accept your order. 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.
3.2 If we cannot accept your order. If we are unable to accept your Order, we will inform you of this [in writing] and will not charge you for the Product. This might be because the Product is 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, because the hire of the Products is unavailable on your required date or because we are unable to meet a delivery deadline you have specified.
3.3 We only sell or hire to the United Kingdom (UK). Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the 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 product may vary slightly from those images.
4.2 Purchase. Any purchases through our online shop are subject to these Terms. We also refer you to clause 7 of this Agreement in relation to purchases from our online shop.
4.3 Hire You can also opt to hire our Products through our website and these are subject to these Terms upon making a Booking with us and we refer you to clause 6 of this Agreement.
5 RIGHT TO MAKE CHANGES TO THE ORDER
5.1 Your right to make changes. If you wish to make a change to the Product 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 product, 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.
5.2 Our changes to the Products and these Terms. In addition, as we informed you in the description of the Product on our website, we may make the following changes to these Terms or the Product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
6 PRODUCT HIRE
6.1 All Bookings will be subject to these Terms.
6.2 Booking and payment. You can make your Booking through this website by making an initial enquiry with us as to availability and fees. We will then advise you of the availability and confirm the hire charges to you at the time of Booking. At the point of Booking, we will require payment of a 50% non refundable deposit of the total hire cost to secure a booking. The balance of the Booking Fee will be payable no later than 4 weeks before the event date. We will endeavour to remind you that the remaining balance is due, however it is your responsibility to ensure you make all payments on time to us in accordance with this Agreement. Failure to pay on time will result in cancellation of your Booking. The Booking Fee is non-refundable and non-transferable, it being the agreed loss suffered by us in the event of a cancellation. The hire period for the Product is for the period specified on the booking confirmation. No extension to the hire period is permitted without our written consent.
6.3 Details. You agree to provide us with your correct details at the time of the Booking including your name, address, email and any other contact details we may require.
6.4 Payment Information. We accept payment in the following ways: Debit card, Credit card, Paypal or BACS transfer.
6.5 Quotations and price changes. We reserve the right to change prices without prior notice. If between payment of your deposit of 50% of the Booking Fee and the balance payment, it has been necessary to increase our hire charges, we confirm we shall honour our original quotation. Notwithstanding this, should you receive a quotation and not proceed with a Booking before we increase our hire charges, the new prices will apply and you will subsequently be charged the new increased hire price and we shall provide you with a revised quote.
6.6 Period of hire. The period of hire will be the dates/times stated in your Booking confirmation. You shall have complete responsibility for the Product from the time it is delivered to you and for the duration of the Product Hire, until such a time as it is returned to us. Full risk of the Product will lie with you during this time. You are not allowed to sub-hire, lend or part with the possession of this during the hire period.
6.7 Cancellation and refunds. You have the legal right to change your mind and cancel your Booking with us within 14 days from the date you place your Order. If you wish to exercise this right, you must notify us and we will refund to you any deposit paid.
However, if you change your mind after this period, we shall only accept your notification of cancellation no later than 14 days prior to the commencement of the hire period at our discretion. In this circumstance, we shall refund you the balance paid by you of the Booking Fee, less the non refundable deposit.
You are not entitled to a refund of any part of the hire charge where the hire period has ended early due to the Product being damaged, lost or stolen during the hire period, or as a result of any breach by you of these Terms.
6.8 Delivery We shall arrange delivery of the Product to you on the agreed date and at the location specified by you at the time of your confirmation of Booking. We cannot be held liable for failure of delivery due to events outside our reasonable control. If we do not have access to the venue, either for delivery or collection, as previously agreed, we may have to make a separate additional journey and will charge accordingly. Delivery is free within 10 miles of an SK7 postcode. A delivery charge of £10 will be added for delivery within 10-20 miles from an SK7 postcode, and £20 for delivery within 20-30 miles from an SK7 postcode.
6.9 Care of the Product. Our Products and accessories are handmade and therefore must be treated with care. You must use the equipment only for its intended purpose which is for use as play equipment for children. You must ensure that children are supervised by an adult. Please be mindful that the Products do move about, and as such it is a requirement that there is complete supervision of the children at all times. We cannot be held accountable for any damage caused to any property whilst under your supervision and care. You agree that you will ensure that no face paints, party poppers, streamers, silly string or henna is used near or on the Product.
6.10 Damage to the Product. We do not require a damage deposit, as we understand that accidents do happen. In the event of any excessive damage or breakages, we will notify you in writing by email with photographic evidence and an itemised bill. We will then request that you make full payment within 7 days.
6.11 Insurance. All of our Products supplied to you for hire are CE Tested or made to CE approved standards, and fully insured at all times and you may ask to see our certificates at any time.
7 ONLINE SHOP – PURCHASE OF OUR PRODUCTS
7.1 Returns, Exchanges and Cancellations. All Products ordered by you are supplied directly by us. We want you to be happy with your purchase, but if any Products purchased by you are faulty or are damaged when you receive them, or if you receive an incorrect Product, please contact us at email@example.com as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement. In accordance with your statutory rights, we will offer you a refund within 30 days of purchase, but we will repair or replace the Product if there is a problem which is our fault.
7.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject the Products you must either return them in person to us, or post them back to us. We will pay the costs of postage or collection. Please contact us for a return label or to arrange collection.
It is your responsibility to ensure we receive the items back within 14 days of cancelling an order or reporting a fault. If for any reason you need to return your order we do kindly ask that it is sent back to us in the same condition that it was received in.
7.3 Price and payment. The price of the Product will be the price indicated on the order pages when you place your Order together with any related delivery charges. We use our best efforts to ensure that the prices of the Products advised to you are correct.
7.4 We will pass on changes in the rate of VAT. 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 Product in full before the change in the rate of VAT takes effect.
7.5 Payment Information. We accept payment with Paypal, debit or credit card,or BACS transfer.
7.6 Delivery. We do not include delivery charges in the prices displayed on our website. Delivery options and related charges will be presented to you at the ordering process when you complete your Order. We arrange delivery of the Products via Royal Mail or via a courier service. Should your Order not arrive please contact us via email (firstname.lastname@example.org) to let us know. A full refund or a replacement will be offered once 15 days has passed. Delivery shall be deemed complete and the responsibility for the Products will pass to you once we have delivered the Order to the address [including, where relevant, any alternative address] you have provided.
8 OUR LIABILITY TO CUSTOMERS
8.1 We are responsible to you for foreseeable loss and damage caused by us. 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, but we are not responsible for any loss or damage that is not foreseeable.
8.2 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 Products.
8.3 Exclusions. Except as expressly set out in these Terms, all conditions, warranties and obligations which may be implied or incorporated into the Terms by statute, common law, or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law.
8.4 Our responsibility to you if you are a business. Nothing in these terms shall limit or exclude our liability for:
(a)death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b)fraud or fraudulent misrepresentation;
(c)breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982
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. In the event that any limitation or exclusion of liability in the Terms is not enforceable, our liability to you shall at all times be limited to the total amount paid, if any, by you for the Products.
8.5 We shall not be responsible whatsoever for any liability to you or loss, or delay in performance of our obligations under these Terms which occurs outside of our control.
9 INTELLECTUAL PROPERTY RIGHTS
9.1 Protecting our brand. Our brand is important to us. At all times, we shall retain the ownership of any and all Intellectual Property Rights in the Products, their designs and any materials provided to you, whether you are hiring the Products or purchasing the Products under the Terms of this Agreement.
10 HOW WE MAY USE YOUR INFORMATION
10.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the Products to you;
(b) to process your payment for the Products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
10.2 We will not pass on your personal information to any third parties without first obtaining your express permission.
11.1 Assignment. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Agreement.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
11.2 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.
11.3 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.
11.4 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.
11.5 Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.
11.6 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 products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
If you are business, any dispute or claim arising out of or in connection with this Agreement shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.