TERMS AND CONDITIONS (B2C) & (B2B)

A legally binding contract between us and You will be created upon Our acceptance of Your Order, indicated by Our Order Confirmation and Your payment of the Deposit. Order Confirmations will be provided in writing by email once a deposit has been paid.

BACKGROUND:

These Terms and Conditions are the standard terms which apply:

A. to the hire of services and products by Sweets and treats cart hire LTD. A Private Limited Company [registered in England under number 10568408] [,whose

registered address is 8 Curland Grove, Bristol, BS14 9QF. 

B. where You are hiring our services and/or products as a “Consumer” as defined in clause 1 of these Terms and Conditions.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following

expressions have the following meanings:

“Accidental Damage Waiver” means a fee paid by You which covers any, accidental damage to Property belonging to Sweets and treats cart hire ltd such as sweets carts, glass jars, doughnut wall and equipment that would otherwise incur charges, as explained in Clause 10;

“Business” means any business, trade, craft, or professional carried on by You or any other person/organisation; “Business Day” means, any day other than a Saturday, Sunday or bank holiday; “Calendar Day” means any day of the year; “Consumer” means a “Consumer” as defined by the Consumer

Rights Act 2015, that is to say an individual who hires My sweets and treats products and/or services for his/her personal use and for purposes wholly or

mainly outside the purposes of any Business; “Contract” means the contract for the hire of My sweets and treats products and/or services by You from Us, as

explained in Clause 3; “Deposit” means the sum payable at the time of Your Order that is required to secure your Order; “Sweets and treats products

and/or services” means sweets and treats products and/or services supplied by us and hired by You subject to these Terms and Conditions; “Hire Period” means the period for which You will hire My sweets and treats products and/or services; “Month” means a calendar month; “Price” means the total price payable for the hire of the My sweets and treats products and/or services; “Order” means Your order for the sweets and treats products and/or services; “Order Confirmation” means Our acceptance and confirmation of Your Order as described in Clause 3; “Security Deposit” means the sum payable under sub-Clause 7.5 to cover the non-return, loss, theft or non-accidental damage of the sweets and treats products and/or services.; “We/Us/Our” means sweets and treats cart hire LTD [, a Private Limited Company [registered in England under number 10568408] [,whose registered address is 8 Curland Grove, Bristol, BS14 9QF “You” means you, the hirer of My sweets and treats products and/or services.

1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, [text

message,] fax or other means.

1.3 Each reference the singular number shall include the plural and vice versa where appropriate.

2. Information About Us

1.1 Sweets and treats cart hire LTD [is a Limited Company ] [registered in England under number 10568408] ,whose registered address is 8 Curland Grove, Bristol, BS14 9QF.

3. The Contract

1.1 These Terms and Conditions govern the hire of sweets and treats products and/or services from Us and will form the basis of the Contract between Us and You. Before completing Your Order, please ensure that You have read these Terms and Conditions carefully. If You are unsure about any part of these Terms and Conditions, please ask us for clarification.

1.2 Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.

1.3 A legally binding contract between Us and You will be created upon Our acceptance of Your Order, indicated by Our Order Confirmation, and Your payment of the deposit. Order Confirmations will be provided in writing by email once a deposit has been paid.

4. Sweets and treats cart hire ltd products and/or services Details

1.1 We use all reasonable endeavours to ensure that sweets and treats products and/or services are regularly maintained, cleaned and repaired., and/or replaced as necessary.

5. Your Order and Rules of Hire

1.1 When making Your Order, You will be required to supply the following information:

1.a.1 Full name;

1.a.2 your contact phone number;

1.a.3 email address;

1.2 The following rules apply to Your hire and use of products and services from sweets and treats cart hire LTD:

2.a.1 You acknowledge the copy of our Allergens and other information document. Supplied by us via email and/or on the hire date and time.;

2.a.2 Allergens and other information document must be agreed to at time of making any payment to Sweets and treats cart hire ltd.

2.a.3 Allergens and other information document must be agreed by the event hire date and time.

6. Hire Period

1.1 The Hire Period shall be chosen in Your Order and confirmed in Our Order Confirmation.

1.2 Unless it is expressly stated otherwise, the Hire Period begins at the time we have agreed by email on the first day of the Hire period and ends on the same day at a time we have agreed on the final day of the Hire Period.

1.3 Unless We expressly agree otherwise (and confirm that agreement in writing), no Hire Period may exceed 12 hours.

1.4 You may extend the Hire Period by contacting us via email or via our website. Extended Hire Periods shall be charged at [Our normal hourly rate ] of Our normal £10 hourly rate.

7. Fees and Payment

1.1 When placing Your Order, You will be required to pay a Deposit of £25 or £50 to secure your Order.

1.2 The Price for the sweets and treats products and/or services will be that shown on our website [www.mysweetsandtreats.co.uk] current at the time of Your Order.

1.3 We may, from time to time, offer special prices, discounts and other promotional offers. Any such special prices will be valid only for the period advertised. Orders placed during such a period will be accepted at the special price even if We do not accept the Order until after the period has expired.

1.4 The balance of the Price (i.e. the full payment) should be made when you receive Sweet cart or other products. at the start of the Hire Period.

1.5 A Security Deposit of £25 should be paid in cash at the start of the hire period. We will not release any products and/or services from my sweets and treats to You without the payment of the Security Deposit. The Security Deposit will be retained by Us in full or in part if any products and/or services from my sweets and treats are not returned, lost, stolen or damaged in any way that falls outside of the Accidental Damage Waiver.

1.6 All Prices include VAT at 20%. If the rate of VAT changes between the date of Your Order and the date of Your payment of the Price, We will adjust the rate of VAT that You must pay. Changes in VAT will not affect any Prices where We have already received payment in full from You.

8. Cancellation

1.1 You may cancel Your Order at any time before the start of the Hire Period subject to the following:

1.a.1 For Orders cancelled more than 29 days before the start of the Hire Period, there will be no charge and Your Deposit will be refunded in full.

1.a.2 For Orders cancelled less than 29 days but more than 14 days before the start of the Hire Period, We will retain Your Deposit in full.

1.a.3 [For Orders cancelled less than 14 days before the start of the Hire Period, We will retain Your Deposit in full and charge no further cancellation fee.

1.a.4 [For Orders cancelled on the day that the Hire Period begins, We will retain your Deposit and the balance of the full Price will also be payable.]

1.2 We may, at Our sole discretion, reduce or waive any of the charges detailed above if your cancellation is due to exceptional circumstances.

9. Collection, Hire and Return

1.1 The Hire Period begins at the time we have agreed by email on the date stated in the Order Confirmation / invoice. This is the time from which the products and/or services from my sweets and treats will be ready.

1.2 You should check My sweets and treats products and/or services at the time of delivery. If there are any items missing or if there is any visible damage to the

products and/or services from my sweets and treats, You should inform Us immediately, before we leave. We will use all reasonable endeavours to replace

missing items or damaged sweets and treats products and/or services.

1.3 We are required by law to provide consumers with goods that are of satisfactory quality, fit for purpose, and in accordance with descriptions, samples, models and other pre-contract information provided by Us. [We are also required to [install] OR [set up] the goods correctly and, for the purposes of this Clause 9, Our failure to do so will render the goods ‘damaged’ and/or ‘faulty’.] If You discover any damage (pre-existing) or fault with the products and/or services from Sweets and treats cart hireLTD during the Hire Period, please inform Us as soon as is reasonably possible. We will use all reasonable endeavours to provide a suitable replacement or, if a repair is possible without causing you any inconvenience, We will repair the products and/or services from my sweets and treats LTD. If We are unable to replace or repair the products and/or services from my sweets and treats LTD, or if You would prefer to reject the damaged or faulty products and/or services from my sweets and treats cart hire LTD, whether before or after a repair or replacement (if the replaced or repaired products and/or services from my sweets and treats LTD is still damaged or faulty), We will offer you a refund equal to the remaining, unused part of the Hire Period. Any refund due to You will be made as soon as is reasonably possible, and in any event within 14 calendar days of the date on which We agree that You are entitled to

a refund. Refunds will be made using the same payment method originally used by you unless you specifically request a different method.

1.4 The Hire Period ends at the time we have agreed by email on the date stated in the Order Confirmation. Any products and/or services from my sweets and treats LTD returned late will incur an excess charge of £10 per product from my sweets and treats LTD, per day (with the first day taking effect after 14 hours on the date stated in the Order Confirmation.) products and/or services from my sweets and treats LTD may be returned early, however We are unable to issue any refunds of any kind for early returns that do not fall under sub-Clause 9.3.

10. Accidental Damage Waiver

1.1 An Accidental Damage Waiver [will be automatically added to Your Order, but can be removed at Your request] OR [can be added to Your Order at Your request].

1.2 The Accidental Damage Waiver covers the following:

2.a.1 Any accidental damage to products from my sweets and treats LTD while they are in Your possession;

1.3 The Accidental Damage Waiver does not cover the following:

3.a.1 Malicious or deliberate damage or that which, in Our opinion, has been caused by carelessness or improper use;

1.4 If You do not take out the Accidental Damage Waiver, You will be responsible for any and all of the types of damage and/or loss shown above in sub-Clause 10.2 in addition to that shown in sub-Clause 10.3.

11. Loss and Damage

1.1 You are responsible for, and will be required to indemnify Us for, any loss or damage which may occur to products from my sweets and treats LTD that falls outside of the terms of the Accidental Damage Waiver described in Clause 10.

1.2 Any charges due under this Clause 11 will firstly be taken out of Your Security Deposit. If the cost of repairing the damage or replacing the products such as a sweet cart is, in Our opinion, higher than the sum of the Security Deposit, You will be required to pay any excess sum.

1.3 You will not be responsible for any pre-existing damage to products from my sweets and treats LTD that has already been identified under sub-Clause 9.2 at the time of collection, or for any damage or faults that are discovered under sub-Clause 9.3

1.4 Full details of all charges are available on request.

12. Our Liability

1.1 We will be responsible for any foreseeable loss or damage that You may suffer only as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable only if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is formed. We will not be responsible for any loss or damage that is not foreseeable.

1.2 [In any event, Our total liability under these Terms and Conditions shall be limited to the value of the Contract between Us and You, that is, the total Price payable by You.]

1.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

1.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability with respect to Your legal rights as a consumer. For more information on your legal rights and on the remedies you may be entitled to if something goes wrong, please [contact Us] AND/OR [contact your local Citizens Advice Bureau or Trading Standards Office.].

13. Events Outside of Our Control (Force Majeure)

1.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

1.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

2.a.1 We will inform You as soon as is reasonably possible;

2.a.2 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;

2.a.3 If the event outside of Our control continues for more than 48 hours We will cancel the Contract and inform You of the cancellation in writing;

2.a.4 If an event outside of Our control continues for more than 48 hours and You wish to cancel the Contract, You may do so by informing us in writing;

2.a.5 If the Contract is cancelled under this Clause 13 before the Hire Period begins, any and all sums You have paid to Us will be refunded in full. Other

provisions in these Terms and Conditions regarding the retention of sums paid shall not apply.

14. Communication and Contact Details

If You wish to contact Us with questions or complaints, You may contact Us in person, by telephone at 07775730661, by email at [email protected] or by pre-paid post at Sweets and treats LTD, 8 Curland Grove, Bristol, BS14 9QF.

15. Complaints and Feedback

1.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

1.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available Via email.

1.3 If You wish to complain about any aspect of Your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the products and/or services from sweets and treats LTD, please contact Us in one of the following ways:

3.a.1 [In writing, addressed to My Sweets and treats LTD 8 Curland grove. Bristol, BS14 9QF.

3.a.2 [By email, addressed to Sweets and treats customer services, [email protected];]

3.a.3 [Using Our complaints form, following the instructions included with the form;]

3.a.4 [By contacting Us by telephone on 07775730661]

16. How We Use Your Personal Information (Data Protection)

1.1 All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and Your rights under that Act.

1.2 We may use Your personal information to:

2.a.1 Provide Our products and services to You;

2.a.2 Process Your payments; and

2.a.3 Inform You of new products and services available from Us. You may request that We stop sending You this information at any time.

1.3 We will not pass on Your personal information to any other third parties [without first obtaining Your express permission].

17. Other Important Terms

1.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.

1.2 You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

1.3 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 and Conditions.

1.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and

enforceable.

1.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

18. Governing Law and Jurisdiction

1.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.

1.2 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

Fair usage policy 

Our fair usage policy applies to My sweets and treats products and services that are offered as 'unlimited'

Only one product or service may be purchased at anyone time by anyone person during the event hire period.

'Unlimited' (candy floss & popcorn) relates to the hire time of our products and or services which starts and ends at the times agreed by you and us.

There is no option to 'take home' our products and or services (i.e. candy floss in a bag)

My sweets and treats reserve the right to withdraw products and services and without prior warning if we believe our fair usage policy is in breach.