SWEET MY DAY – TERMS AND CONDITIONS
We are Eniko Nagy Trading As Sweet My Day and our trading address is at 193 Tamworth Lane, Mitcham, Surrey, England, CR41DH. Our email address is: firstname.lastname@example.org
We are not currently registered for VAT (“we” or “us”)
You are the client who buys and/or hires a Sweet Table or other products and/or services from us (”you”, “your”)
Our “Website” is www.sweetmyday.co.uk
1 TERMS AND CONDITIONS
(1)(a) Unless we have agreed something different in writing with you before you place an order, these Terms and Conditions, together with any other relevant policies shown on our website, apply when you place an order to buy from us.
(b) When placing an order with us you confirm that
(i) you are at least 18 years old and
(ii) if you are an individual booking on behalf of an organisation, it is on the basis that both you and the organisation agree to be bound by an agreement with us
(2) From time to time we will update these Terms and Conditions and the amendments take effect immediately so we always ask that you check the Terms and Conditions each time you place an order. The terms and conditions which apply to your order are those which were current at the time you placed your order with us.
(3) If you are a “consumer” (as defined in The Consumer Contracts (Information, Cancellation and Additional Charges Regulations 2013) then you may have certain rights. Please specifically refer to our clause 5 of these terms about cancellations.
2 ABOUT WHAT WE SELL
(1)(a) Details of what we offer for sale and the prices (which are in GBP and inclusive of any applicable VAT) are displayed on the website. We comply with the law and provide details about the “main characteristics” but from time to time manufacturers do make changes. Photographs of our Sweet Tables and other products and/or services are intended as a general guide when making your choices and individual items are subject to availability. This means that we reserve the right to provide a suitable substitute if necessary. If you need something specific (such as a particular colour) please email us before placing your order.
(b) Please email us for a copy of our Health and Safety and/or Food Hygiene Certificate.
(2) Food Intolerance or Allergies
(a)(i) If you or your guests have any food intolerances or allergies, please ask us for a full list of ingredients before you place your order.
(ii) Please do be aware that if you order a Ferrero Rocher stand complete with Ferrero Rocher confectionary/sweets they will contain nut products.
(b) However, if you ask for a particular food or ingredient to be excluded from your Sweet Table, whilst we will do what we can to assist we cannot guarantee to meet your requests nor accept any responsibility for this. Therefore please bear in mind that it is ultimately your responsibility to ensure that the sweets you choose are suitable for you and your guests.
(3) What’s included?
(a) The price includes the following:
– Telephone consultation with one of our experts to discuss your requirements
– Hire of the applicable creation, glassware, stand, wheel, box, scoops and tongs – but you must provide an appropriate table covered with a cloth for us to use (please check sizes and suitability for use with us). Please note that if you are hiring the Wish in a Bottle then the actual bottle(s) (but not the stand) which contains the messages will belong to you once your final payment has been made.
– Hire of Personalised picture with easel, sweet name tags for the Sweet Table
– Your choice of sweets (or suitable substitutes) and party favour bags/cones.
– Setting up the display of the Sweet Table and any other creations (such as the Wish In A Bottle) before your event and taking it down afterwards.
– When we dismantle the Sweet Table (or any other creation) any unused sweets/ leftovers are packed for you to take away with you (we never re-use any stock).
– Delivery to and collection from the location you are having the Sweet Table or any other creations provided this is within a 10 mile driving radius of Mitcham, CR41DH. If you would like to order a Sweet Table or any other creations for a location which is more than 10 miles driving radius of Mitcham, CR41DH then our usual charge is 90p per mile. We use Google Maps to work out the distances and take the shortest viable options by car. So, for example, if your chosen location is 20 miles driving radius of Mitcham, CR41DH then the first 10 miles is included and you will be charged £9.00 (i.e. 10 miles at 90p per mile). Please email us if you would like any assistance with this.
(4) The Sweet Table display and any creation or anything we supply to you – our services and your responsibilities
(a) Our services include setting up your chosen creation (such as the Sweet Table) for you but it is your responsibility to ensure that
(i) nobody other than us moves or dismantles the creation or any part of it such as the stand, glassware, frame, or any decoration
(ii) you do not add any sweets or decorations (such as banner or photos) to the Sweet Table or creation other than those supplied by us
(b) You are solely responsible for supervising your guests and anyone using the Sweet Table, creation, or anything else we supply to you. Particularly our sweets are served in beautiful glassware or you may chose to have a mirror stand or glass bottles so it is your responsibility to ensure that all guests, particularly children and vulnerable adults are adequately supervised at all time to ensure their safety and avoid any breakages.
(ii) We cannot be responsible for sweets chosen by children which could result in a choking hazard or any danger associated with the misuse of packaging materials even if a Sweet Attendant is in place.
(c) When you make a booking please ensure that the venue for the Sweet Table or other creation is large enough to accommodate it and that you have permission from the owner of the venue to use a Sweet Table there. We will not be responsible if we are unable to provide your Sweet Table or creation because of venue restrictions and you will not be entitled to any refund whatsoever in these circumstances.
(d) You agree that we can take photographs of your Sweet Table or creation to be used on our website or for other promotional purposes.
(5)(a) The Children’s Activity Box will contain an assortment of items which you would normally expect to find in a child’s party bag. Many of these items (such as bubbles, mini crayons, puzzle and stickers), will be small and will be unsuitable for smaller children (for example, children under 3 years of age). If you require any further information about the products or suitably please ask us for details before you place your order.
(b) Please refer to clause 2(4)(b) above. You are solely responsible for supervising your guests and anyone using anything else we supply to you, including supervising children and vulnerable adults who may receive and/or be attracted to a Children’s Activity Box.
(6) Where you ask us to supply personalised items such as a “Mr & Mrs” sign for a wedding or specific themes, colour schemes or designs, such as for favours or centrepieces please note that:
(a) Once you have chosen a specific theme, colour scheme or design you are unable to change your mind or cancel. Please see clause 5.
(b) You are responsible for anything you provide to us (including any images and information) and agree that you are able to provide this to us and it will be complete, true, accurate and valid, will not breach any rights of any third party, whatsoever in nature (including, but not limited to, copyright or other intellectual property rights) and is not contrary to any law and you will neither omit nor withhold any data, information or documentation required nor change any data, information or documentation that would cause it to be, or appear to be, false or inaccurate and will ensure it is virus-free.
(c) You agree to grant us a non-exclusive, worldwide and royalty-free sub-licensable licence for the whole of any agreement between us, if applicable, to access, edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, copy, create derivative works from, distribute, perform, display and otherwise use anything which you provide to us as necessary solely for the purposes of operating and providing our products and/or services to you.
(7) Please note that we do not recommend, endorse nor have any control or responsibility over any third parties or their websites, including links to third parties, such as the “Our Friends” on our website. You are aware that you will enter into a separate agreement which has nothing to do with us and you must make yourself aware of the terms of such agreement.
3 DAMAGES DEPOSIT
(1) (a) You are required to pay a £50 damages deposit to us to cover any breakages. This will be refunded to you within 7 days of the Booking Date where there is no damage to our Sweet Table or any other contents or any other extras (such as the Candy Ferris Wheel or Wish Tree/Box). If you are hiring the Wish In a Bottle please see clause 2(3)(a).
(b) Refunds are made using the same payment method that you used to pay us. Please also see clause 5(4)(c).
(2) However, if there is any damage then we will deduct the cost of repairing the damage (which may include replacement if we are unable to repair, such as for example a glass serving dish) before paying any balance back to you. If the damage caused exceeds the damages deposit we will send an invoice within 7 days of the Booking Date and you must pay that invoice within 14 days of the invoice date.
4 BOOKING/ORDERING AND PAYING
(1) When you place an order with us you will be deemed to have accepted all of these terms and conditions and policies.
(2) To book your Sweet Table or other products and/or services please
(a) Complete the Order Form specifying the date you would like your Sweet Table or other products and/or services to be provided (the “Booking Date”)
(b) Pay a £50 deposit (if you fail to pay your deposit or there is a problem with it, we cannot guarantee your Booking Date will be available). Deposits are non-refundable
(3) You must pay the balance due for your Sweet Table at least 8 weeks before the Booking Date together with your damages deposit. If you do not then your order will be cancelled.
(4) Once we accept your order, we will provide you with an order confirmation. We reserve the right to refuse any order. Until you receive our order confirmation, if you are a consumer, the law means you will be able to withdraw from your contract with us.
(5) Our accepted payment methods are shown on the website. Please check the terms and conditions of your chosen payment provider.
(6) Where there are problems with your payment method then we will immediately cease or suspend the provision of any sweets and/or Sweet Table or other services until we receive full cleared payment. We charge interest on overdue payment at the rate of 10% per annum and are also entitled to recover all reasonable expenses incurred in obtaining payment from you.
5 CANCELLATIONS AND REFUNDS
(1)(a) The law relating to distance selling (which includes buying from our website) means that consumers (individuals buying wholly or mainly outside their trade, business, craft or profession) have the right to cancel orders for some products and services. This usually means that you have 14 days from the date you place an order for services (such as ordering hire of your Sweet Table with or without an attendant), or 14 days after the date you receive any product (without any services) to cancel an order.
(b) However some items, like personalised (such as a “Mr & Mrs” sign) and food/perishable items (including flowers) are excluded from this and you do not have any rights to cancel.
(c) Since we need to prepare your Sweet Table or other products and/or services, you also agree that, when you place an order for a Booking Date that is within 8 weeks of the date of your order we can start to supply your order (to make sure we can satisfy your order). This means that you will not have any consumer cancellation rights.
(2) Otherwise, if you want to cancel your order, you can do so by emailing us at email@example.com. If you cancel;
– more than 8 weeks before the Booking Date you are entitled to a refund of any balance payment made, if you have already made the payment
– between at least 6 weeks but less than 8 weeks before the Booking Date you are entitled to a refund of 75% any balance payment made
– between at least 4 weeks but less than 6 weeks before the Booking Date you are entitled to a refund of 50% any balance payment made
– less than 4 weeks before the Booking Date you are not entitled to a refund of any balance payment made
(3) In the very unlikely event that we have to cancel your booking we will refund in full any payments which you have already made.
(4) Refunds including refunds of damages deposits
(a) Any refunds due to you are made within 7 days of the cancellation date.
(b) Refunds are made using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account.
(c) If we are unable to return your deposit using the same method (for example, you have since closed your account) then we notify you by email to ask for an alternative. If you fail to provide us with an alternative then we will forward a crossed postal order to the address you provided to us when making your booking. Please note that the Post Office makes a charge for postal orders so that the amount you receive will be less than your deposit.
6 CUSTOMER SERVICES – QUERIES AND COMPLAINTS
(1) Customer satisfaction is important to us. We would like your experience with us to be positive.
(2) Please email or write to us if you have any
(a) Queries or would like to suggest any improvements or
(b) Complaints about your Sweet Table or other products and/or services. You must write to us within 7 days of the Booking Date and allow us sufficient time to investigate your complaint. We are not bound by any trade or professional approved code of practice, code of conduct or alternative dispute resolution.
(3) We aim to respond to any communication from customers within 7 days. If we think that it will take longer to deal with your issues, we’ll try to keep you informed.
7 OUR LIABILITY AND LIMITATION AND YOUR INDEMNITY
(1) Although we will do all that we can to supply the Sweet Table or other products and/or services on the Booking Date and at any agreed time we cannot accept any liability for any unavailability or late supply. Time is not of the essence and times provided are estimates only.
(2) Force Majeure – We will not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control including, but not limited to, acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we will be entitled to a reasonable extension of our obligations.
(3) Except as expressly stated in the terms and conditions and policies on this website or those statutory warranties which apply by law, particularly to consumers,
(a) All warranties, whether express or implied, by operation of law or otherwise, are excluded in relation to the products we supply for sale.
(b) In so far as the law allows, we will not be liable for any loss or damage whatsoever as a result of any purchase. Your remedies are limited to damages which will not exceed £20 or the price of the Sweet Table or sweets or other products and/or services you purchased, whichever is greater.
(c) Copies of our Public Liability Insurance are available upon written request.
(4) You undertake to indemnify and keep us fully indemnified at all times from and against any actions, proceedings, claims, demands, costs (to include, without prejudicing the generality of this clause, legal costs), awards or damages howsoever arising directly or indirectly as a result of any breach or non-performance by you of any of your obligations, undertakings or warranties as set out within our Terms and Conditions, policies, Order Confirmation and/or Proposal or as otherwise agreed with you.
8 GENERAL TERMS
(1) Data Protection – We will use the Client’s contact details solely for the purposes of supplying your Sweet Table.
(2) Signing – (a) where applicable our agreement can be completed and signed in and on separate counterparts, each of which shall be deemed an original, but the agreement shall not be effective until each of us has executed at least one counterpart.
(b) The counterparts of our agreement and any ancillary documents may be completed and signed by electronic signature and delivery by electronic means by one party to the other and the receiving party may rely on the receipt of such document so executed and delivered as if the original had been received.
(3) We reserve the right to transfer, sell, assign, delegate, convey, rent, subcontract or share all or any part of the rights, duties or obligations and provision of the website.
(4) Waiver – Nothing in our terms and conditions or policies and no express or implied waiver by us in enforcing any of our rights under any agreement shall prejudice our rights to do so in the future.
(5) Invalidity and severance – Each clause or any part at all of our terms and conditions and policies is to be regarded as independent of the others. This means that should any clause or any part at all of our terms and conditions and policies be found to be unenforceable or invalid, it will be severed and will not affect the enforceability or validity of the rest of our terms and conditions and policies.
(6) Our terms and conditions and policies will be interpreted, construed and enforced in accordance with English law and will be subject to the exclusive jurisdiction of the English Courts.