Terms and Conditions
1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 "Customer" means any person who purchases Goods and Services from the Supplier;
1.3 "Goods" means the articles specified in the Proposal;
1.4 "Proposal" means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
1.5 "Services" means the services specified in the Proposal;
1.6 "Supplier" means STAG AND HEN WORLD LLP of 48 East Hill, Wandsworth, London, sw18 2hh
1.7 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
3 THE ORDER
3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 30 days.
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier ("the Order") within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
4 PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the Proposal and is Exclusive of VAT and inclusive of any applicable charges outlined in the Proposal.
4.2 Payment of the price shall be in the manner specified in the Proposal.
4.3 If the Customer fails to make any payment within 1 dayof it becoming due, the Supplier shall be entitled to charge interest at the rate of 30% per month on the outstanding amounts.
4.4 Full payment is due 30 days prior to the event.
4.5 Deposit is due 45 days from the proposal date unless the event is within 30 days of the proposal in which case deposit and full payment must be paid in full at the same time.
4.6 All listed website prices are subject to availablitity and change without notice, prices may change between date of viewing and date of a binding contract and these will be highlighted and notified to the customer immediately.
4.7 Deposits are 20% of full payment and is required a minimum of 45 days before the event.
4.8 The prices listed in packages and activity sections are based on groups of eight and may change if groups are smaller or larger.
5 DELIVERY
5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods. The delivery date of services will be adhered to unless changed by the Supplier before or on the event dates, the Customer will be made aware immediately of any changes to the service with an equal service being provided to the customer.
5.2 All risk in the Goods shall pass to the Customer upon delivery.
6 TITLE
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 obtain all necessary permissions, licenses 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
7.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
8 SUPPLIER'S OBLIGATIONS
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
8.2 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.
8.3 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.
8.4 In addition to the Customer's statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials for a period of 7 days from the date of delivery.
9 CANCELLATIONS AND REFUNDS
9.1 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within 7 days of delivery and the Customer shall be entitled to replacement Goods or a full refund.
9.2 The Customer may cancel an Order by notifying the Supplier in writing at the address above 31 days prior to the due event commencement date with any payment paid being refunded in full. However deposits are non refundable and are due 45 days prior to any event.
9.3 If the Customer fails to cancel the order within the time specified in Clause 9.2 any deposit and payments paid will not be returnable.
9.4 No cancellations can be made by the Customer 31 days prior to any event.
9.5 Ammendments to the goods provided must be made by the Customer 31 days prior to the event commencement date. No amendments will be made after this date, unless the supplier cannot provide the specific activity, in which case an alternative or equal activity will be issued.
10 LIMITATION OF LIABILITY
10.1 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 for the Goods and Services.
10.2 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.
10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
11 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.
12 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
14. THIRD PARTY SUPPLIERS
14.1 The Supplier makes every effort to receive the latest information on events supplied by third parties.
14.2 The Supplier makes every effort to attain a risk assessment from every third party.
14.3 The Supplier provides public liability insurance to cover customers on Events organised.
14.4 Where the third party have not supplied the activity to the standard expected the Customer should write to the address above to make an official complaint which will be immediately followed up.
15. COMPLAINTS
15.1 If you feel you have not received the goods or received a poor level of service you may write a compliant to the above address, and it will be addressed immediately and seriously.
