In this document the following words shall have the following meanings:
“Customer” means any person who purchases Services from the Supplier;
“Proposal” means a statement of work, quotation or other similar document describing the services to be provided by the Supplier;
“Services” means the services specified in the Proposal;
“Equipment” means the apparatus required to operate our services, excluding foodstuffs;
“Supplier” means Matthew Andrews t/a Dreams of Chocolate;
“Dreams of Chocolate” means Matthew Andrews t/a Dreams of Chocolate.
General Booking Terms
1.1 These Terms and Conditions shall apply to all contracts for the supply of Services by Dreams Of Chocolate to the Customer and shall prevail over any other documentation or communication from the Customer.
1.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
1.3 By placing an order and paying the deposit you show you have accepted these Terms and Conditions.
1.4 In relation to the Services, by virtue of any statute, law or regulation, nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
2.1 Any proposal attached to these terms and conditions shall remain valid for a period of 14 days.
2.2 The Customer shall be deemed to have accepted the Proposal by placing an order with Dreams Of Chocolate within the period specified in Clause 2.1.
Price and Payment
3.1 The price for the Services is as specified in the Proposal and is inclusive of any applicable charges outlined in the Proposal.
3.2 The Deposit is due within 7 days of placing an order.
3.3 The Remaining Balance is be cleared 1 month before the event.
3.4 Should the event fall within less than one month of the order being placed, the full balance is due immediately upon booking.
3.5 If the Customer fails to make any payment within 7 days of it becoming due, the Supplier shall be entitled to cancel the Proposal and retain any payments already made.
4.1 To enable the Supplier to perform its obligations the Customer shall:
- Co-operate with the Supplier
- Provide the Supplier with any information reasonably required by the Supplier
- Obtain all necessary permissions, licences and consents which may be required before the commencement of the Services, the cost of which shall be the sole responsibility of the Customer; and
- Comply with such other requirements as may be set out in the Proposal, in the appendices of these terms and conditions or as otherwise agreed between the parties.
5.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
5.2 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
5.3 The Supplier may withdraw from performing Services as a result of disorderly, unruly or criminal behaviour of any parties that the Supplier feels poses a risk to the Supplier’s equipment or personnel.
5.4 The Supplier will provide requested Chocolate and Dips. If requested Dips or Chocolate is unavailable an alternative will be provided.
6.1 Any order consisting of a ‘dry hire’ product (that is, hired without the suppliers staff being present) shall also be subject to the Dry Hire Terms and Conditions found in the appendices of these terms and conditions.
Limitation of Liability
7.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.
7.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
8.1 The Customer may cancel an Order by notifying Dreams Of Chocolate in writing at the address shown on the Contact Us page of the website. If the Customer cancels less than 30 days prior to the Event the full hire fee will be due to Dreams Of Chocolate.
8.2 The Customer may cancel an Order if over 30 days by notifying Dreams Of Chocolate in writing at the address shown on the Proposal. Any payments already made are non-refundable.
8.3 Failure to pay the final balance within 1 month of the event shall be deemed as a cancellation by the Customer and the full value of the hire shall become due.
9.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, Power Outages, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
Appendix 1 - Dry Hire Terms and Conditions
Definition of terms
The Quote The written equipment list confirming duration of hire and cost, agreed prior to commencement of the contract.
The Company Matthew Andrews t/a Dreams of Chocolate, 29 Eastwoods Road, Hinckley, LE10 1LH
The Hirer The person, company or group who is named on the hire sheet / invoice
The Contract Agreement entered into between The Company and The Hirer
The Equipment All equipment provided by The Company including accessories and flight cases.
Hire The equipment specified by the hirer and the duration for which it is in their possession.
1.1 Any verbal Hire quote will be confirmed in writing to The Hirer, providing the total cost for the agreed Hire.
1.2 The Hire is not confirmed until written acceptance of The Quote is received back from The Hirer. Once this is received, The Contract is entered into between The Hirer and The Company.
1.3 In the absence of a written quotation and/or confirmation, The Contract shall be entered into once a hire sheet is signed by The Hirer or their representative.
1.4 Upon entering into The Contract, The Hirer agrees to abide and be governed by these terms and conditions.
2.1 Where possible, the equipment provided will be as detailed in the quotation. Where a substitute is necessary, it will be for equipment of the same or better specification.
2.2 The Equipment will be provided in full working order and in good physical condition. Any discrepancies or faults must be reported when the equipment is delivered to The Hirer.
2.3 The Equipment remains the property of The Company at all times.
2.4 The Hirer during the continuance will not sell or offer for sale, assign, mortgage, pledge, underlet, lend or otherwise deal with The Equipment or any parts thereof in a manner prejudicial to rights of The Company, but will keep The Equipment in its possession and will not remove the same or any part or parts thereof from the place where the equipment is for the time being without the previous consent of The Company and will duly and punctually pay all rents, rates, taxes, charges and impositions payable in respect thereof on demand and will protect the same against distress, execution or seizure and indemnify The Company against all losses, costs, charges, damages and expenses incurred by it by reason or in respect thereof.
The Hirers Responsibility
3.1 The Hirer is responsible for arranging suitable insurance cover against loss or damage to The Equipment for the Hire, and should ensure that this includes cover whilst in transit where applicable.
3.2 The safety, security and condition of The Equipment will be the responsibility of The Hirer for the full duration of Hire until it is back in possession of The Company and until that time, The Hirer shall be liable for any loss, theft or damage to The Equipment.
3.3 The Hirer will be required to pay the total repair costs, or full cost for a new replacement (including any relevant taxes) where liability is found in clause 3.2. The Hirer will also be liable for the total hire charge up to the date payment in full is made.
3.4 The Hirer is responsible for returning all equipment in the same manner as they were received in accordance with the instructions received with the equipment. The Hirer should clean the equipment as described in the instructions received on delivery.
3.5 All equipment is to be used in conditions that are deemed acceptable for normal operation. Failure to comply with this will increase the risk of damage to The Equipment, which will then leave The Hirer liable for the repair or replacement costs as details in clause 3.2.
Return Of The Equipment
4.1 Unless collection of The Equipment by The Company is arranged, it is the responsibility of The Hirer to return The Equipment to The Company by the end of the Hire.
4.2 Any period of hire beyond that previously agreed by The Company will be charged at full day rate for each new 24 hour hire period entered into.
4.3 Where a deposit was made on receipt of The Equipment, this shall be refunded, without interest, once The Company has received all The Equipment detailed on the hire sheet / invoice and, following inspection and testing by The Company, is found to be in acceptable condition and in full working order.
Liability Of The Company
5.1 In the event of equipment being found to be faulty, or becoming faulty during use, the liability of The Company will be limited to replacement or repair of the faulty equipment at no additional charge to The Hirer, except where it is believed the fault or damage has occurred from misuse of The Equipment.
5.2 The Company shall not, in any circumstances, be liable to The Hirer or any third party for a claim that arises from the use or misuse of The Equipment.
5.3 In the event of The Equipment, or any part thereof being confiscated by the Police or any other body, The Company shall not be liable for any costs incurred recovering The Equipment.
Terminating The Contract
6.1 The Company shall be entitled to terminate the contact at any time, should a breach of the terms and conditions occur.
6.2 Where the agreement is terminated, The Company reserve authorisation to enter into the premises where The Equipment is believed to be located, in order to regain it into their possession.
6.3 Should the agreement be ended prematurely due to a breach of terms and conditions on the part of The Hirer, the rights of The Company to recover all costs owing to them as part of The Contract are maintained.
Changes To These Terms And Conditions
7.1 The Company reserve the right to update or amend these terms and conditions where and when deemed necessary.
8.1 The Contract and these terms and conditions are governed by and construed in accordance with the laws of Great Britain, and any disputes relating to these shall be subject to the exclusive jurisdiction of the courts of England.
Appendix 2 - Chocolate Fountain
This appendix relates to chocolate fountain hire:
- Please note that we expressly reserve the right to substitute any choice of dipping item in the event your first choice is unavailable.
- Set up time is approximate only, however the fountain will run for the full duration booked from the time the chocolate is flowing.
- Please note that an hour is required to set up the chocolate fountain so if you request the fountain to be ready for your evening guests arrival at 7:30, we will require access to the room to set up from 6:30pm at the latest.
- If we arrive at your requested time and the venue is not ready or we are unable to gain access to set up through no fault of our own, any time we have to wait will be deducted from the time the chocolate fountain is flowing.
- If you require us to be set up any time prior to the commencement of serving then we reserve the right to charge for this time.
- A round, sturdy table is required for the chocolate fountain (minimum 5ft) covered with a table cloth. Please ensure the location is within close proximity to a plug socket and that the table is placed on a level, stable floor.
- The duration required to set up is based on there being adequate access to the area where the chocolate fountain is to be located. A room temperature of at least 20ºC is required for chocolate to melt and the fountain to flow adequately. We cannot be held responsible if the set up time is prolonged due to the room being too cold.
- The chocolate fountain must be located inside, away from any breezes. Breezes may mean that the fountain will not flow adequately and can cause excessive spillages.
Appendix 3 - Popcorn Machine
This appendix relates to popcorn machine bookings:
- We expressly reserve the right to substitute any choice of flavour in the event that your first choice is unavailable.
- We require 45 minutes to set up the popcorn machine. For example, if you request the machine to be ready for 7:30pm, we will require access to set up from 6:45pm at the latest.
- The popcorn machine should not be located near any smoke detectors. Please ensure the location is within close proximity to a power socket.
- Start time is approximate only; however the machine will run for the full duration booked from when the popcorn is ready to be served. If we arrive at the time agreed and the venue is not prepared or we are unable to gain access to set up through no fault of our own, any time that we have to wait will be deducted from your booking.
Appendix 4 - Candy Floss Machine
This appendix relates to the hire of the candy floss machine:
- We expressly reserve the right to substitute any choice of flavour in the event that your first choice is unavailable.
- We require 30 minutes to set up the candy floss machine. For example, if you request the machine to be ready for 7:30pm, we will require access to set up from 7:00pm at the latest.
- Please ensure the candy floss machine is located within close proximity to a power socket.
- Start time is approximate only; however the candy floss machine will run for the full duration booked from when we are set up. If we arrive at the time agreed and the venue is not prepared or we are unable to gain access to set up through no fault of our own, any time that we have to wait will be deducted from your booking.