General Hiring Terms & Conditions

BACKGROUND

These Terms and Conditions are the standard terms which apply:

  1. to the hire of Afternoon Tea products by TeaWishes Ltd, registered in England under number 11406349, whose registered address is 223 Camrose Avenue, Edgware, Middlesex, HA8 6AJ.
  2. where You are hiring Afternoon Tea products as a “Consumer” as defined in Clause 1 of these Terms and Conditions.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

Accidental Damage Waiver

means a fee paid by You which covers any accidental damage to Afternoon Tea products that would otherwise incur charges, as explained in Clause 10

"Business"

means any business, trade, craft, or profession carried on by You or any other person/organization

"Business Day"

means, any day other than a Saturday, Sunday or bank holiday

"Calendar Day"

means any day of the year

"Consumer"

means a "Consumer" as defined by the Consumer Rights Act 2015, that is to say an individual who hires Afternoon Tea products for his/her personal use and for purposes wholly or mainly outside the purposes of any Business;

"Contract"

means the contract for the hire of the Afternoon Tea products by You from Us, as explained in Clause 3;

"Deposit"

means the sum payable at the time of Your Order

that is required to secure your Order;

"Afternoon Tea Products"

means Cake Stands, Cutlery, Crockery, Tea Pots, Sugar/Milk Jars supplied by Us and hired by You subject to these Terms and Conditions

"Hire Period"

means the period for which You will hire the

Afternoon Tea products;

"Month"

means a calendar month;

"Price" means the total price payable for the hire of the

Afternoon Tea products;

"Order"means Your order for the Afternoon Tea products;

"Order Confirmation"means Our acceptance and confirmation of Your

Order as described in Clause 3;

"Security Deposit"means the sum payable under sub-Clause 7.5 to cover the non-return, loss, theft or non-accidental damage of the Afternoon Tea products

"We/Us/Our"means TeaWishes Ltd, registered in England under number 11406349, whose registered address is 223 Camrose Avenue, Edgware, Middlesex, HA8 6AJ

"You"means you, the hirer of the Afternoon Tea

products.

1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message or other means.

1.3 Each reference the singular number shall include the plural and vice versa where appropriate.

2. Information About Us

2.1 TeaWishes Ltd, registered in England under number 11406349, whose registered address is 223 Camrose Avenue, Edgware, Middlesex, HA8 6AJ.

3. The Contract

3.1 These Terms and Conditions govern the hire of Afternoon Tea products from Us and will form the basis of the Contract between Us and You. Before completing Your Order, please ensure that You have read these Terms and Conditions carefully. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification.

3.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.

3.3 A legally binding contract between Us and You will be created upon Our acceptance of Your Order, indicated by Our Order Confirmation, and Your payment of the Deposit. Order Confirmations will be provided in writing via email in PDF copy.

4. Afternoon Tea Product Details

4.1 We use all reasonable endeavours to ensure that Afternoon Tea products are regularly maintained & cleaned or replaced as necessary.

4.2 We will advise You on usage of product if required.

5. Your Order and Rules of Hire

5.1 When making Your Order, You will be required to supply the following information:

5.1.1 Delivery Address;
5.1.2 Delivery Time;
5.1.3 Contact Number;

5.2 The following rules apply to Your hire and use of Afternoon Tea Products:
5.2.1 Take care of items during use, any damage will be chargeable;
5.2.2 Any damages or shortages must be notified to TeaWishes Ltd within an
hour of receipt.

6. Hire Period

6.1 The Hire Period shall be chosen in Your Order and confirmed in Our Order Confirmation.

6.2 Unless it is expressly stated otherwise, the Hire Period begins once items have been delivered and ends three hours thereafter, or as stated in the invoice.

6.3 Unless We expressly agree otherwise (and confirm that agreement in writing), no Hire Period may exceed 3 hours.

6.4 You may extend the Hire Period by contacting Us via telephone or email. Extended Hire Periods shall be charged at an hourly rate based on items provided.

7. Fees and Payment

7.1 When placing Your Order, You will be required to pay the total Price to secure your Order.

7.2 The Price for the Afternoon Tea products will be that shown in Our Afternoon Tea Menu current at the time of Your Order.

7.3 We may, from time to time, offer special prices, discounts and other promotional offers. Any such special prices will be valid only for the period advertised. Orders placed during such a period will be accepted at the special price even if We do not accept the Order until after the period has expired.

7.4 The balance of the Price (i.e. the full payment) should be made when You collect the Afternoon Tea Products at the start of the Hire Period.

7.5 All Prices include VAT at 20%. If the rate of VAT changes between the date of Your Order and the date of Your payment of the Price, We will adjust the rate of VAT that You must pay. Changes in VAT will not affect any Prices where We have already received payment in full from You.

8. Cancellation

8.1 You may cancel Your Order at any time before the start of the Hire Period subject to the following:

8.1.1 For Orders cancelled more than 7 days before the start of the Hire Period, there will be no charge and will be refunded in full.
8.1.2 For Orders cancelled less than 7 days, We will retain Your payment in full.

8.2 We may, at Our sole discretion, reduce or waive any of the charges detailed above if Your cancellation is due to exceptional circumstances.

9. Collection, Hire and Return

9.1 The Hire Period begins at on the date & time stated in the Order Confirmation. This is the time from which the Afternoon Tea products will be delivered or collected.

9.2 You should check the Afternoon Tea products at the time of delivery or collection. If there are any items missing or if there is any visible damage to the Afternoon Tea products, You should inform Us immediately, before leaving. We will use all reasonable endeavours to replace missing items or damaged Afternoon Tea products.

9.3 We are required by law to provide consumers with goods that are of satisfactory quality, fit for purpose, and in accordance with descriptions, samples, models and other pre-contract information provided by Us. We are also required to set up the goods correctly and, for the purposes of this Clause 9, Our failure to do so will render the goods ‘damaged’ and/or ‘faulty’. If You discover any damage (pre-existing) or fault with the Afternoon Tea products during the Hire Period, please inform Us within 1 hour of receipt. We will use all reasonable endeavours to provide a suitable replacement or, if a repair is possible without causing you any inconvenience, We will repair the Afternoon Tea products. If We are unable to replace or repair the Afternoon Tea products, or if You would prefer to reject the damaged or faulty Afternoon Tea products, whether before or after a repair or replacement (if the replaced or repaired Afternoon Tea products is still damaged or faulty), We will offer you a refund equal to the remaining, unused part of the Hire Period. Any refund due to You will be made as soon as is reasonably possible, and in any event within 14 calendar days of the date on which We agree that You are entitled to a refund. Refunds will be made using the same payment method originally used by You unless you specifically request a different method.

9.4 The Hire Period ends on the date stated in the Order Confirmation (i.e. 3 hours after items are delivered). Any Afternoon Tea products returned late will incur an excess charge of per Afternoon Tea product, per day (with the first day taking effect after the date stated in the Order Confirmation.).

10. Loss and Damage

10.1 You are responsible for, and will be required to indemnify Us for, any loss or damage which may occur to Afternoon Tea products.

10.2 You will not be responsible for any pre-existing damage to Afternoon Tea products that has already been identified under sub-Clause
9.2 at the time of collection, or for any damage or faults that are discovered under sub-Clause 9.3

10.3 Full details of all charges are available on request.

11. Our Liability

11.1 We will be responsible for any foreseeable loss or damage that You may suffer only as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable only if it is an obvious

consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is formed. We will not be responsible for any loss or damage that is not foreseeable.

11.2 In any event, Our total liability under these Terms and Conditions shall be limited to the value of the Contract between Us and You, that is, the total Price payable by You.

11.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

11.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability with respect to Your legal rights as a consumer. For more information on your legal rights and on the remedies you may be entitled to if something goes wrong, please contact your local Citizens Advice Bureau or Trading Standards Office.

12. Events Outside of Our Control (Force Majeure)

12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
12.2 If any event occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
12.2.1 We will inform You as soon as is reasonably possible;
12.2.2 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;
12.2.3 If the Contract is cancelled under this Clause before the 7 days when the Hire Period begins, any and all sums You have paid to Us will be refunded in full. Other provisions in these Terms and Conditions regarding the retention of sums paid shall not apply.

13. Communication and Contact Details

If You wish to contact Us with questions or complaints, You may contact Us in person at by telephone at 07517 123 610, by email at info@teawishes.uk, or by pre-paid post at TeaWishes Ltd, 223 Camrose Avenue, Edgware, Middlesex, HA8 6AJ.

14. Complaints and Feedback

14.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

14.2 All complaints are handled in accordance with Our complaints handling policyand procedure.

14.3 If You wish to complain about any aspect of Your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Afternoon Tea products, please contact Us in one of the following ways:

14.3.1 In writing, addressed to TeaWishes Ltd, 223 Camrose Avenue, Edgware, Middlesex, HA8 6AJ.
14.3.2 By email, addressed to TeaWishes Ltd, info@teawishes.uk
14.3.3 By contacting Us by telephone on 07517 123 610.

15. How We Use Your Personal Information (Data Protection)

15.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.
15.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from www.teawishes.uk.

16. Other Important Terms

6.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
16.2 You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
16.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
16.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
16.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

17. Governing Law and Jurisdiction

17.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
17.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
17.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of
the courts of England, Wales, as determined by your residency.