Terms and Conditions are the standard conditions by which Le Chocolat Fondue Ltd, (the “Supplier”) agrees with the Client (the “Client”) to supply the Service specified in this Agreement. These Terms and Conditions constitute the whole Agreement and the confirmation e-mail (the “Agreement”) between the Client and Supplier. This Agreement supersedes all prior Agreements. These Terms and Conditions can only be varied if expressed in writing by the Supplier.
In these Terms and Conditions the words below will bear the meaning indicated.
Agreement -Terms and Conditions and the confirmation e-mail
Service – Supply of the chocolate fountain and other specified products as agreed hired at the event outlined in the confirmation e-mail
Booking Fee – Fee agreed in the confirmation e-mail for the Service provided.
Event – Event date, location and hire period specified in the confirmation e-mail
Once the non-refundable deposit of £50 has been received and the confirmation e-mail has been issued to the Client, this Agreement will be binding.
3. CLIENT OBLIGATIONS
The Client must provide a sturdy round table no less than 4ft wide, complete with table linen and access to a 240V mains socket within 6 feet. If the chocolate fountain is to be located in the middle of an open area, extension leads may be required. The Client agrees to supply the extension leads and tape to the floor. The Supplier accepts no responsibility for accidents.
The Client must provide the Supplier access to the venue 1 hour prior to the chocolate fountain hire start time.
If the number of guests specified in the confirmation e-mail is exceeded, no liability will be accepted for any decision to shorten the dipping time due to shortage of dips.
The Client will be responsible for claims against the Supplier for any spillage on items of clothing, furniture, carpet or anything else caused by others, other than the Supplier’s attendant.
The Client is responsible for any damage caused to the Suppliers equipment. The Client will be charged the full cost of any repair or replacement required should the damage be due to the negligence of the Client or their guests.
If the Suppliers performance of any of its obligations under the Agreement is prevented or delayed by an act or omission by the Client, the Client shall reimburse the Supplier for any costs or losses sustained or incurred by the Supplier, arising directly or indirectly from the act or omission by the Client.
4. SUPPLIER OBLIGATIONS
The Supplier will provide the Service.
If the Supplier cannot honor the Agreement, the Client is due a full refund including deposit and subsequent claims for incidental damages will not be accepted.
The full balance of the Booking Fee must be received by the Supplier 14 days prior to the Event.
In the event of any or all of the Booking Fee not being received by the Supplier 14 days prior to the Event, the Supplier shall be entitled to treat non payment as a cancellation and no refund will be payable.
Cash payment at the Event is accepted however must be paid prior to the attendant setting up the chocolate fountain. Failure to do so will result in the chocolate fountain or alternative products not being set up.
All deposits are non-refundable.
Cancellations must be made in writing to the Supplier.
If the Client cancels 14 days prior to the Event, the full Booking Fee will be refunded minus the deposit amount.
If the Client cancels within 14 days of the Event, 10% of the Booking Fee will be refunded.
Claims for refunds will not be accepted.
7. FOOD ALLERGY
The Supplier shall not be held responsible for nut allergies for the Client or their guests. All chocolate and dips may contain traces of nut. It is the responsibility of the Client to inform their guests that traces of nut may be present in the chocolate and dips.
The chocolate fountain attendant will not tolerate violent, aggressive or abusive behavior under any circumstances. He/she reserves the right to terminate the Service at any time if they feel their personal safety is at risk or the equipment supplied is in danger of getting damaged or has been damaged due to unruly behaviour by the Client or their guests. No refund will be provided.
The Client agrees for photographs to be taken of the chocolate fountain and other products supplied by the supplied as well guests during the Event and agrees for them to be used in publicity material by the Supplier.
The equipment supplied remains the property of the Supplier at all times.
The Client agrees to allow the Supplier to promote their business at the Event, by placing business cards and a banner around the chocolate fountain and other products supplied by the supplier.
In the event of a heavy demand for a specific dip, the Supplier reserves the right to substitute the dip.
The Client’s rights as a statutory consumer are not affected.
In the event of the chocolate fountain failing to operate as a chocolate fountain, guests will still be able to continue dipping into the basin of the chocolate fountain providing them with the experience. The Supplier will refund the Client 25% of the Booking Fee.
No liability is accepted by the Supplier for any loss, damage, cost, charge or expense whether occasioned by negligence or caused in any other way whatsoever and whether arising directly or consequentially by reason of or for or in respect of or in anyway in connection with the Service provided unless the loss or damage arises as a result of death or personal injury.
The Suppliers total liability to the Client in respect of any loss, damage or distress arising under or in connection with the Agreement shall in no circumstances exceed the Booking Fee.
The Supplier will endeavour to ensure an on time chocolate fountain flow start time; however will accept no liability or responsibility for delays in arriving to the venue.
10. FORCE MAJEURE
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, lock outs, 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.
11. THIRD PARTY RIGHT
The Contracts (Rights of Third Parties) Act 1999 does not apply to this Agreement.
These Terms and Conditions are governed by English Law and are subject to the exclusive jurisdiction of the English Court.