Terms and Conditions

GENERAL TERMS

 

This page (together with any documents referred to on it) tells you the terms and conditions upon which you ("the Customer") contract with us, Wegotitcovered. Please read these terms and conditions carefully.  You should understand that by submitting an order you agree to be bound by these terms and conditions.  You should print a copy of these terms and conditions for future reference.

 

Information about us

The website at http://www.wegotitcovered.co.uk ("the Site") is a website owned and operated by Claire Benton & Danielle Bellini trading as Wegotitcovered. Our principal place of business is located at 20 Tudor Gardens, Leigh on Sea, Essex, SS9 3AF. If you have any questions about these terms please contact us by either email: info@wegotitcovered.co.uk or by phone: 01702 416108 Monday to Friday 09:00 to 17:00.

 

Your status

By submitting an Order, you warrant that:

a)        you are legally capable of entering into binding contracts and have the necessary authority or authorisation to do so; and

b)        all of the information provided by you to us is true and accurate; and

c)         you are at least 18 years old.

 

How the contract is formed between you and us

After contacting us via email or telephone and submitting a booking form to us ("the Order"), you will receive an e-mail from us acknowledging that we have received the Order together with an initial invoice (“the Deposit Invoice”). Please note that this does not mean that the Order has been accepted. The Order constitutes an offer by you to us to contract on our terms and conditions, which we are free to accept or decline at our absolute discretion.  Orders will not be accepted before we have received the deposit payment for the Hire Goods. We shall have no liability to you under the Contract until we receive the full payment in cleared funds. Upon receipt of deposit payment, we will send you an e-mail to confirm that your order has been accepted together with a request for the final balance due ("the Final Balance Invoice").  The Final Balance Invoice will contain your name, the total price of the Order, the date for final payment ("the Final Balance") and an order number.  The contract between us ("the Contract") will only be formed when we receive the final payment in cleared funds which is due five weeks prior to the Hire date.

 

1.              Interpretation

 

1.1           In these Terms:-

 

"Customer" means the person(s) named in the Order for whom the Supplier has agreed to supply the Hire Goods in accordance with these Terms;

"Contract" means the contract between the parties for the supply of the Hire Goods;

"Hire Goods" means the goods which the Supplier is to supply for hire in accordance with the Order;

"Replacement Value" means the cost of replacing the Hire Goods subject to the Contract as specified in the Order;

"Supplier" means Claire Benton & Danielle Bellini trading as Wegotitcovered;

"Supplier’s Charges" means the charges for the supply (and, if applicable, delivery) of the Hire Goods as set out in the Order or in any other published literature produced by the Supplier from time to time relating to the Hire Goods;

"Terms" means these terms and conditions under which the Hire Goods are to be provided.

 

1.2           Any reference in these Terms to a statute or any provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.

1.3           The headings in these Terms are for convenience only and shall not affect interpretation.

              1.4           References to including and include(s) mean respectively including without limitation and include(s) without limitation.

2.              Entire Agreement

2.1           These Terms contain the whole agreement between the parties who confirm that they have not entered into the Contract in reliance upon any representations that are not expressly incorporated in these Terms.

 

3.              Supply of Hire Goods

3.1           The Supplier shall supply (and deliver if applicable) the Hire Goods to the Customer in accordance with the Order and the Terms.  The Terms apply to all Contracts to the exclusion of all other conditions (subject to those agreed to from time to time by the Supplier in writing) including any conditions which the Customer may purport to incorporate under any confirmation of Order or similar document.

3.2           Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.

3.3           The Hire Goods supplied to the Customer under these Terms shall:

a.              conform in all material respects with the description of them on the Site; and

b.              be of satisfactory quality (within the meaning of the Supply of Goods and Services Act 1982).

By accepting delivery of the Hire Goods, the Customer acknowledges and confirms that all representations and warranties of the Supplier contained in these Terms have been fully complied with.

3.4           Where Hire Goods supplied are not in conformity with the provisions of clause 3.3 the Supplier may in its absolutely discretion either replace the Hire Goods supplied or refund the price paid for the Hire Goods supplied in which case the Supplier shall have no further liability to the Customer.

3.5           The Supplier may correct any typographical or other errors or omissions on the Site or the Deposit Invoice or Final Balance Invoice without any liability to the Customer.  If any inaccuracy is discovered in respect of the advertised price of the Hire Goods or any of them then the Supplier will contact the Customer by email as soon as practicable to inform the Customer of the correct price of the Hire Goods and the Customer shall be entitled to either proceed with the Order at the amended price or to cancel the Order.

3.6           THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE - Except in respect of death or personal injury caused by the Supplier’s negligence or as expressly provided in these Terms, the Supplier shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Supplier, his servants or agents or otherwise) which arise out of or in connection with the supply of the Hire Goods (including any delay in providing or failing to provide the Hire Goods) or their use by the Customer and the entire liability of the Supplier under or in connection with the supply or non supply of the Hire Goods shall not exceed the amount of the Supplier’s Charges for the supply of the Hire Goods, except as expressly provided in these Terms.

 

4.              The Site

4.1           The Site may provide links to the websites of other companies or businesses, whether affiliated with the Supplier or not.  The Supplier cannot give any undertaking that products or services hired or purchased from companies or businesses to whose website links have been provided from the Site will be of satisfactory quality, and any such warranties are DISCLAIMED by the Supplier absolutely.  This DISCLAIMER does not affect the Customer's statutory rights against the third party seller.

4.2           Where the Site contains links to other third party websites and resources, these links are provided for the Customer's information only.  The Supplier has no control over the contents of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from the Customer's use of them.

4.3           No link to the Site may be created without the prior written consent of the Supplier.

4.4           The Site contains a large amount of information and it is always possible that, despite the Supplier's best efforts, some of the information listed on the Site may be incorrect, and the Supplier accepts no liability for any inaccuracies in said information.

4.5           All intellectual property rights in the Site and its content including copyright and trade marks are the property of the Supplier. You may print off one copy, and may download extracts, of any page(s) from the Site for your own personal reference but any other use or reproduction of the content is prohibited.

4.6           Although the Supplier does its best to ensure the security and availability of the Site it does not guarantee uninterrupted availability nor will it be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect the Customers computer equipment, computer programs, data or other proprietary material due to use of the Site or to the downloading of any material posted on it, or on any website linked to it.

 

5.              Force Majeure.

5.1           The Supplier shall not be liable for any delay, defect or inability to comply with its obligations under the Terms due to any act of God, war, strike, lock out, industrial action, fire, flood, drought, tempest or any other event beyond its reasonable control.

 

6.              General

6.1           The Supplier reserves the right to revise and amend these Terms from time to time.

6.2           If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

6.3           The Supplier is entitled to appoint a sub contractor, agent or other representative to carry out or perform all or part of its obligations under the Contract.

6.4           A waiver by the Supplier of any default shall not constitute a waiver of any subsequent default.

6.5           Contracts for the hire of Hire Goods through the Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

6.6           For the purposes of the Contracts (Rights of Third Parties) Act 1999, the Contract 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.

 

MAKING A BOOKING/PAYING THE DEPOSIT

 

7.              Prices and Payment

7.1           Payment for all Hire Goods must be by cheque, bank transfer, PayPal, credit or debit card or cash.

7.2           When the Customer (or the Supplier at the Customer's request) completes a booking form, the Supplier shall issue a Deposit Invoice that will require payment of a 50% non refundable deposit. Once the deposit payment has been received in clear funds, the event date and applicable rates are confirmed. Following receipt of the 50% non-refundable deposit the Supplier shall issue a Final Balance Invoice which shall require payment of the Final Balance. The Supplier shall have no liability whatsoever to the Customer until full payment has been received in cleared funds. The prices of the Hire Goods advertised on the Site includes VAT but excludes delivery costs, which will be added to the total amount due as set out in the initial quote and Deposit Invoice.

 

8.              Final Balance/ Amendments

8.1           The Final Balance is due no later than 5 weeks before the event date ("the Final Balance Due Date"). Any required stock will be ordered once the Final Balance has been received in clear funds. Any delay in payment of the Final Balance may result in stock not being received by the Supplier in time for the event. In this case, the closest alternative stock will be used or sent and the Customer agrees to be liable as if the preferred stock were supplied. For the avoidance of doubt, the Supplier is not obliged to supply any of the Hire Goods until the Final Balance is received in cleared funds.

8.2           Upon payment of Final Balance, a receipt will be emailed or posted by the Supplier to the Customer.

8.3           Any amendments such as guest numbers, colours, and general stock requirements must be submitted by the Final Balance Due Date. Any amendments made between the Final Balance Due Date and the event date may not be accepted.

8.4           In any case where amendments are made between the Final Balance Due Date and the event date, additions to the order shall be chargeable either at the rate agreed at point of booking, or at the rate listed on the Site at that time (whichever is greatest). If the price of the additional goods required was not pre-determined at point of booking, nor listed on the Site, the price will be set at the discretion of the Supplier.

8.5           In any case where amendments are made between the Final Balance Due Date and the event date, deductions to the order will not be refunded. This term is included to account for any stock ordered in on the Final Balance Due Date which may have been required for the event.

8.6           In any case where linen chair covers and/or tablecloths are required, the Supplier will contact the venue on behalf of the Customer to obtain any necessary dimensions. This is ultimately the responsibility of the Customer. If the Supplier fails to obtain the details directly then the Customer is obliged to obtain and submit the details prior to the Final Balance Due Date. Late submissions may result in alternative stock such as Lycra chair covers being used and the Customer agrees to be liable as if the preferred stock was supplied. If for any reason the Supplier cannot cover any furniture on the day with required linen then alternative stock will be used and the Customer agrees to be liable as if the preferred stock was supplied.

 

CANCELLATIONS / REFUNDS

 

9.              Consumer Rights

9.1           If the Customer contracts as a consumer, he or she may cancel the Contract within seven working days of the Order and receive a full refund of the price paid for the Hire Goods, provided the Supplier has not yet dispatched the Hire Goods. In the event the Hire Goods have been dispatched, the Customer agrees and confirms that no refund shall be due as the Supplier will be unable to accept a booking from a third party using the dispatched Hire Goods on the event date.

9.2           In the event that the Customer cancels the Contract after the seven working day period as set out in clause 9.1 above, the Supplier shall retain the non-refundable deposit and the Customer acknowledges and confirms that this is reasonable and represents a genuine pre estimate of the loss suffered or incurred by the Supplier.

9.3           To cancel a Contract, the Customer must inform the Supplier in writing. The Customer has a legal obligation to take reasonable care of the Hire Goods while they are in his or her possession. If the Customer fails to comply with this obligation, the Supplier reserves the right of action against the Customer for compensation.

 

10.           Refunds

10.1        Refunds will only be given in the following circumstances:

a.              if the Customer has cancelled the Contract within the seven-day cooling-off period pursuant to clause 9.1, the Supplier will process the refund as soon as possible and, in any case, within 30 days of the day the Customer gives notice of cancellation. In this case, any cleared funds received by the Supplier from the Customer will be refunded in full;

b.              if the Supplier fails to deliver and/or set up the Hire Goods on time. (the morning of the event for all DIY services or the event start time for all Set Up Services). In both these cases, no refunds will be given if any of the Hire Goods have been used;

c.              if the Supplier fails to deliver and/or set up the Hire Goods due to fault on the part of the Supplier, save where any of the circumstances in clause 5.1 apply;

d.              (DIY Service only). if the Customer claims that the Hire Goods are defective then the Supplier will examine the returned Hire Goods and, if in the reasonable opinion of the Supplier the Customer's claim is valid, will notify the Customer of any refund via e-mail within a reasonable period of time. The Supplier will usually process the refund due to the Customer as soon as possible and, in any case, within 30 days of the day of sending the e-mail stating that a refund is due for the defective Hire Goods. Hire Goods validly returned because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to the Customer and the cost incurred in returning the item to the Supplier. Any defective items must be returned before the event date along with proof of postage stating a valid pre event date be it via post or email. The Supplier requests that the Customer raises any issues with defective goods within 1 day of receipt of the Hire Goods so that replacements can be sent out in time; and

e.              if replacements are not an option, only the price paid for any disputed items plus the cost incurred by the Customer in returning the item to the Supplier will be refunded in accordance with all other terms set out in clause 10(d).

10.2        The Supplier will usually refund any money received from the Customer using the same method originally used by the Customer to pay for any Hire Goods.

 

OPERATIONAL TERMS

 

11.           Delivery and/or Set Up

11.1        The Supplier will liaise either directly with the venue or the Customer the week prior to the event to arrange all delivery and/or set up and collection details. Set Up Service Customers will then be sent an email confirming the delivery date and time window as well as team members due to carry out the work and appropriate contact details. DIY Customers will be sent an email stating tracking number of consignment and estimated delivery date and time.

11.2        (DIY Service Only). All Do it yourself consignments will be delivered no later than the morning of the event (typically DIY consignments are received by the customer 3-7 days prior to event date). Consignments will be sent via courier service. Once booked on, tracking numbers will be emailed by the Supplier to the Customer for them to track online.

11.3        (Set Up Service) When set up of the room is complete a delivery note will be completed and signed either by the Customer or a member of staff at the venue. The delivery note will confirm the event details, the time and date of set up and the Hire Goods ordered. The signer will be required to confirm the quantities of goods delivered. If no third party is available to sign, the Supplier or a suitable representative will sign and confirm quantities on behalf of the Customer. If for any reason the Supplier arrives at the venue and quantities laid out are different to the quantity ordered, the Supplier will facilitate to the best of their capabilities with the available stock. Extras will be charged for after the event at the same rate. No refunds will be given for deductions. In both events the Customer agrees to be responsible for all Hire Goods detailed on the completed delivery note.

11.4        (DIY Service) Consignment will include a delivery declaration signed either by the Supplier or a suitable representative whom packed the consignment. Also included will be a cover letter asking that consignment is checked against delivery declaration. Any disputes must be raised no later than 24 hours after time of delivery.

11.5        If the Supplier has insufficient stock to deliver the Hire Goods ordered the Customer will be notified as soon as practicable. In this case the Supplier will offer alternative available stock to the Customer. If the Customer is dissatisfied with available stock then any sums paid by the Customer will be re-credited to the Customer's account and the Supplier shall bear no further liability whatsoever.

11.6        The Hire Goods will be at the Customer's risk from the time of delivery until the time that the Supplier receives them back in satisfactory condition.

 

12.           Collection/Return

12.1        (DIY Service) Consignment will include a return declaration. This will provide details of the Hire Goods contained in the consignment. Each quantity of Hire Goods will be initialled either by the Supplier or a suitable representative whom packed the consignment. Upon return, the Customer will be required to confirm the quantities of the Hire Goods by printing and signing their name and declaring returning quantities. Each consignment will be verified upon return and an invoice will be raised by the Supplier in respect of any missing or damaged items in accordance with clause 13.

12.2        (Set Up Service)The Hire Goods will be collected from the venue either in person or via a courier service on a pre-determined date after the event. The Hire Goods will be verified upon receipt. The Supplier will contact both the Customer and the venue directly in the event that any of the Hire Goods are missing or damaged. An invoice will be raised by the Supplier in respect of any missing or damaged items in accordance with clause 13.

12.3        In the event that the venue(s) insist on same evening collections, a charge of £50.00 will be applied to the total price. For the avoidance of doubt, a same evening collection will be a collection carried out at any time between 10pm-3am the day of the event. The Supplier will collate a list of venues which insist on this term and list it on the Website for your convenience when the information becomes available. The Customer agrees that the charge may be added at this time.

13.           Losses And Damages

13.1        In the event that any of the Hire Goods are lost or damaged whilst under the control of the Customer, the Customer acknowledges and confirms that the following charges shall apply which represents a genuine pre-estimate of the loss suffered by the Supplier

a.              Chair covers-                                              £10.00 each

b.              Sashes-                                                      £3.00 each

c.              Table Swags-                                              £50.00 each

d.              Table runners-                                            £5.00 each

e.              Napkins-                                                     £3.00 each

f.               Tablecloths-                                                £15.00 each

g.              Wishing Well-                                             £100.00 each

h.              Small vases-                                               £15.00 each

i.               Large Vases                                                £30.00 each

j.               Ostrich Feathers                                         £3.00 each

k.              Chivari Chairs                                             £50.00 each

l.               Cheltenham Chairs                                     £50.00 each

m.            Chivari Chairs (‘Ice’-clear plastic                 £70.00 each

n.              Foldable Chairs                                          £20.00 each

o.              Seat Pads                                                   £6.00 each

p.              Round Tables                                             £100.00 each

q.              Trestle Tables                                             £60.00 each

 

 

13.2        Payments for all Losses and Damages are due on the date of the invoice. (The Losses and Damages Invoice). The Supplier reserves the right to charge interest at the rate of 2% above the Bank of England base rate (in the case of consumers) and 8% above the Bank of England base rate together with compensation under the Late Payment of Commercial Debts (interest) act 1998 (in the case of businesses), such interest shall accrue daily from the date of the invoice until the date of payment whether before or after judgment.