PRETTY PRINCESS PARTIES
TERMS AND CONDITIONS FOR CUSTOMERS
1. These terms and conditions shall apply in respect of all goods and services we supply to you. Except to the extent that these terms and conditions are varied by mutual consent they shall constitute the entire agreement between us and shall prevail over your own terms and conditions. You agree that in entering into this agreement, you shall not rely on any representation or understanding, whether oral or in writing, which is not included or referred to in these terms and conditions.
2. On enquiry you will confirm to us the date, time and place of the party and any other special requirements.
3. The choice of venue is entirely your responsibility and we shall make no representations to its suitability.
4. On confirming the booking we will require payment of our upfront fee which will be notified to you at the time of your booking. Where payment is not received the booking will not be confirmed.
5. You agree to notify us of any special requirements of your children including but not limited to allergies or food preferences which may in any way affect our decision to provide our Service to your children or affect the health or well being of other children in our care and you agree to indemnify us in respect of any claim which may arise as a result of your misrepresentation or failure to make such disclosure.
6. In addition to the initial fee there will be a charge per child, with payment being made on the day of the party. You will be notified of the child rate on the day of booking. You will notify us of the number of children attending the party no later than 7 days prior to the confirmed party date.
7. Provided that you shall notify us of a cancellation no later than 35 days before the date of the party you will be refunded the full initial payment. Should you cancel the party between 35 and 21 days before the party date, you will be refunded half the initial payment made by you. You acknowledge that if you cancel the party less than 21 days before the party date, you will not be entitled to a refund of the initial payment.
8. You shall pay to us the mileage costs at the rate confirmed on the enquiry.
9. Payment is to be made in full without any discount deduction, set off or abatement.
10. We reserve the right to appropriate any payment made by you and apply it in total or partial satisfaction of any debt due from you to us.
11. We reserve the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998. Any fees incurred by us in recovering payment will be chargeable
12. We warrant that we will use all due skill and care in providing you with our services and that all goods will be of a satisfactory quality.
13. Where you are a business the following limitations and exclusions to the warranty given above shall apply:
· Except in respect of death or personal injury caused by our negligence we shall not be liable to you 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 this agreement for any losses, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of this contract, which arise out of or in connection with the provision of the service, and any goods and/or materials by us to you.
· We will not be liable to the party organiser for any damage, loss or injury suffered by your child or any other persons while participating in our service.
· Except in respect of death or personal injury our entire liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement between us shall not exceed either the amount of the price payable by you in respect of the services, goods and/or materials we supply to you or in respect of a valid claim the amount claimable under the terms of the appropriate insurance policy we hold.
14. If any provision of these terms and conditions (whether in part or in whole) is held by a Court or jurisdiction to be illegal, or unenforceable the parties shall agree to amend the relevant provision as shall be necessary to ensure its application and the remaining provisions of the Contract shall remain full force and effect.
15. Any waiver by us of any breach of or any default under any provision of this agreement will not be deemed a waiver of any subsequent breach or default and will in no way affect the terms of this agreement.
16. The terms of the Contracts (Rights of Third Party) Act 1999 shall not apply to these terms and conditions.
17. These terms and conditions shall be governed by the laws of England.