Terms & Conditons
NAME OF SUPPLIER
Lucy Smith, trading as Pretty Pottery of 32 Buckhold Drive, Allesley Park, Coventry. CV5 9LU. Will be supplying ′your venue′ visits and mail order pottery painting parties, 3-D Castings & associated services.
THE SERVICES WE WILL PROVIDE YOU WITH
Pretty Pottery will provide you with the services and goods as detailed in your order ⁄ booking form.
GENERAL
Any quotation or estimate given by Pretty Pottery is an invitation to the client to make an offer only and no order of the Client placed with Pretty Pottery in pursuance of a quotation or estimate or otherwise shall be binding on Pretty Pottery unless, and until, it is explicitly accepted by Pretty Pottery.
Any Contract shall incorporate and be subject to these Conditions and no Contract shall exist until Pretty Pottery has received order conformation.
PRICE
The price of goods and services provided by Pretty Pottery is inclusive of Value Added Tax (VAT) at the current rate. If after the date of the accepted order, any increase occurs in the costs necessarily incurred by Pretty Pottery in supplying the services & products, including, but not limited to materials, labour, transport, overheads or other items which Pretty Pottery has to pay or incur in the performance of the contract, then the amount of any increase in any such costs shall be added to the contract price. Any such changes shall be communicated using all reasonable endeavours.
PAYMENTS
The client shall pay Pretty Pottery in full at the time of booking, this payment is non-refundable, unless Pretty Pottery is unable to provide the products or services as booked by the client.
CANCELLATION CHARGES
If an Event is cancelled by the client within 1 week of the booked date, for whatever reason, the client hereby accepts that their payment is Non-refundable.
If an Event is cancelled any time between 7 days of initial booking & 1 week prior to the event a fifty percent (50%) refund will be made.
Any Products that have ⁄ are being personalised to the clients specifications, (this includes but is not limited to names, dates, images, pictures and any other form personalisation to the clients wishes) are non refundable, under any circumstances.
POSTPONEMENT
Where postponement of an event or completion of the Services is agreed by Pretty Pottery the client shall, if required by Pretty Pottery, pay all costs and expenses caused by such postponement. In addition the client hereby agrees it is reasonable to pay for any pre-booked and pre-paid services or special order items.
If performance of the contract is suspended at the request of or delayed through default of the client including (without prejudice to the generality of the foregoing) lack of, incomplete or incorrect instructions Pretty Pottery shall be entitled to keep the full payment amount.
If the date of the event is changed Pretty Pottery will endeavour to accommodate a new date for the ‘deferred event’. Pretty Pottery does not guarantee to be able to provide its services on the desired date, due to but not limited to conflicts with other bookings and / or lack of stock.
CANCELLATION RIGHTS
You can cancel this contract within 7 days of conclusion of the contract by you and us. The seven day period starts on the day that the contract is concluded. Please note that you cannot cancel the contract if the 7 day cancellation period falls within the 2 weeks prior to the event without paying the full amount.
If an Event is cancelled by the client within 1 week of the event date, for whatever reason, the client hereby accepts that their payment is Non-refundable.
If an Event is cancelled any time between 7 days of initial booking & 1 week prior to the event a fifty percent (50%) refund will be made.
Any Products that have ⁄ are being personalised to the clients′ specifications, (this includes but is not limited to names, dates, images, pictures and any other form personalisation to the clients wishes) are non refundable, under any circumstances.
CLIENT′S OBLIGATIONS AND UNDERTAKINGS ⁄ REDUCTIONS IN THE NUMBER OF ATTENDEES.
In addition to the other obligations set out in these Conditions the client agrees to.
(a) Supply adequate seating & table space for the Event to be successfully carried out.
(b) Any Event that involves the attendance of Children must be adequately supervised by the Children’s legal parents or Guardians.
(c) Pretty Pottery staff are not to be left as the sole carer for Children at any time. This is a requirement of our Insurances.
(d) If Pretty Pottery are taking prints from an Animal the owners / handlers of the animal must adequately restrain & secure the animal to enable the print to be taken safely with minimum risk to staff of Pretty Pottery.
PERFORMANCE
If Pretty Pottery is prevented or hindered from performing the services or any part thereof by any circumstances beyond its control (including but without limitation, damage or destruction to an event venue, and failure of any third party to carry out its obligations) and wherever occurring further performance of the Contract shall be terminated, and No refund given.
LIABILITY
The Liability of Pretty Pottery for any claim or claims for direct injury, loss or damage made or involving the client or any of there guests, whether in contract or in tort (including negligence on the part of its staff or agents) arising out of or in connection with any defect in the Services or any act, omission, neglect or default (whether or not the same constitutes a fundamental breach of the Contract or the breach of a fundamental term thereof) of its staff or agents in the performance of the Contract (including, without limiting the generality of the foregoing, breech of any condition or warranty whether expressed or implied by statute, common law or otherwise howsoever) shall be limited to the total fees paid for the products and services offered by Pretty Pottery.
For the avoidance of doubt Pretty Pottery shall remain liable for death or personal injury caused by our negligence.
Pretty Pottery shall have no liability in respect of damage or loss to the property of the Client or any third parties attending the Event.
No employee, representative, agent, or officer of Pretty Pottery shall be authorised to commit Pretty Pottery to any admission of liability whatsoever and Pretty Pottery shall not be bound by any such admission unless it is explicitly stated in writing and executed on behalf of Pretty Pottery. Nothing in these conditions shall limit or exclude the liability of Pretty Pottery in respect of death or personal injury resulting from the negligence of Pretty Pottery or its agents.
HIRE OF EQUIPMENT
All equipment , and property of Pertty Pottery used in connection with your Event shall be the sole responsibility of the Client who hereby shall be liable for the full cost of replacement or repair in the event of theft, damage or any other loss being suffered by Pretty Pottery. The client shall be solely responsible for the Health & Safety of all third parties attending the Event and shall ensure that all such persons conduct themselves in an appropriate manner at all times.
ENTIRE AGREEMENT
These terms and conditions, together with the Online booking form, set out the whole of our agreement relating to the supply of goods and services offered to you by Pretty Pottery. Nothing said by any sales person, agent, employee or other representative on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by Pretty Pottery. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
INVALIDITY
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
LAW AND JURISDICTION
The validity, construction and performance of this contract shall be governed by English Law and shall be subject to exclusive jurisdiction of the English courts to which you and we submit.
THIRD PARTIES
For the purpose of the Contracts (Rights of Third Parties) Act 1999 this is not intended to, and does not , give any person who is not a party to it any right to enforce any of its provisions.