Email: info@chocolaterush.co.uk
To make sure we all understand the terms under which we are doing business, we are obliged to set out the following terms and conditions between us.
Definitions
Seller – means, Chocolate Rush.
Buyer – means, you, the person who is hiring the
product/services from us even if you are
hiring on someone else’s behalf.
Delivery Charge – means a charge that is payable by
you to us for the delivery of the item/service.
Fountain – means Chocolate fountain
Term – means the day of hire and the next morning where
standard hire is concerned.
General Booking Terms
A booking is made and a contract formed when the Seller receives a booking form from the buyer along with a non-returnable deposit, and we confirm that booking to you.
The booking form must be filled in correctly and supplied to us within a reasonable time before the booking date.
Once the seller has received the booking form from the buyer, the seller will confirm your booking along with an invoice for the balance payment, which must be paid at least 14 days before the booking date.
If you do not pay the balance by the due date the seller, will be entitled to regard the booking as cancelled and no refund will be payable.
The seller will not take responsibility for any delay in reaching any venue due to road works, traffic chaos or any other highway hazard.
Any variations on the terms and conditions can only be permitted if expressed in writing by the seller
Standard Hire
When the buyer hires the fountain on a ‘standard hire’ basis, and for whatever reason decides that an operator is not needed from the seller, the buyer agrees to be responsible for the security and safety of the fountain for the term, of the hire, (the time of the delivery until the time of collection). Should the fountain be damaged or stolen, the buyer agrees to cover ALL costs to repair or replace the fountain and or any ancillary equipment supplied with the same, immediately.
Once the fountain has been set up and left working, the Hirer is no longer responsible for the functioning of the machine and in the event of a breakdown will not be liable for any loss suffered as a result of the fountain breaking down. It is strongly advised that the Buyer uses the operator supplied by the hirer. A delivery charge may be applied.
Full Hire
When the buyer hires the fountain on a ‘full hire’ basis, the buyer, agrees to be responsible for any claim against the seller for chocolate spillage on any item of clothing, furniture, carpet or anything else caused by others, how so ever caused.
For standard or full hire, the buyer agrees to provide, a table, (Ideally a 4 ft round) a 13-amp power supply, parking and food for the operators of the fountain.
Cancellation
The Buyer must make cancellations in writing.
All deposits are non – returnable. If the booking is cancelled 28 –14 days before the event the hirer will refund 50% of the balance payment (if full payment has been made at that time). If the event is cancelled 14 days or less before the event, the hirer will refund 10% of the total booking price
Breakdown
In the unlikely event that the fountain should breakdown or fail to operate as a fountain, the system will still allow the guests to dip food into the bowl of the fountain, which will be filled with chocolate, and therefore provide the guests with the experience. The seller will refund to the buyer 25% of the full hire charge if this occasion occurs – full hire only. If a breakdown occurs during a standard hire and the seller has provided an operator, the same refund will apply, if the buyer is running the fountain and a breakdown occurs after the seller has left the fountain working, no refund will be due.
In any event, the buyer agrees that the maximum claim that could be made in respect of loss or damage is restricted to the total cost of the hire and no more.
General
The Contract is between the Seller and the Hirer as principals and may not be assigned by the Hirer without the express written consent of the Seller.
These Conditions form the whole agreement between the Seller and the Hirer and shall not be removed or varied in any way.
The Seller is in default of any of its obligations hereunder, it shall not be liable where such default is due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of the Seller. In such circumstances, the Seller shall give notice to the Hirer where possible, and be released from performance of its obligations hereunder to the extent the event of supervening impossibility prevents or restricts the Seller’s performance.
These Conditions are subject to English Law and the Hirer consents to the exclusive jurisdiction of the English courts in all matters regarding the Services.
It is not the intention of the parties to confer any rights contained in The Contracts (Rights of Third Parties) Act 1999 on any third parties referred to herein, and any such rights, which may otherwise be implied, are hereby excluded.