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The Ultimate Party & Wedding Store
Retail Outlet & Head Office
Mood 2 Party, 10 Station Road,
Edgware, Middlesex, HA8 7AB
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D-vine Events, 235 Kenton Lane,
Harrow, Middlesex, HA3 8RP
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Homepagepath arrowIn-Store Sales Order Terms

OUR TERMS

1.DEFINITIONS

1.2 In these Hire Terms, when the following words or phrases are used, this is what they will mean:

“Bespoke Design Goods” Goods which are created by Us for You on a bespoke basis and which do not appear in Our Catalogue and which are more particularly described in the Order Form.

“Business Day” any day which is not a Sunday or Bank Holiday.

“Business Hours” means 10am to 6pm Monday to Saturday.

“Catalogue” the catalogue of our products and services, a copy of which can be found on our Websites or in Our store.

“Events Out of Our Control” any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, road or motorway closures or significant traffic due to accident or vehicle failure, or the failure of our third party suppliers to provide us with any Goods or other goods or services necessary to be able to fulfil the Order.

“Goods” the Goods ordered by You as specified in the Order Form.

“Order” the order that you have placed for the purchase of the Goods and which is specified in the Order Form.

“Order Form” the form signed and submitted by You to provide Us with details of the Goods you wish to purchase.

“Personalised Goods” Goods which are created with a personalisation in relation to text, picture, colour or any other personalisation which may be agreed from time to time and which is specified on the Order Form

“Retail Goods” Goods which are neither Bespoke Design Goods or Personalised Goods, and which are ordered from our Catalogue or our suppliers' catalogues (as the case may be);

“Sales Order Terms” these terms and conditions.

“VAT” value added tax and any other sales or other tax which succeeds it.

“We, Us, Our” Hospitality Services London Limited t/a D-vine Events, Asian Wedding Service, Jewish Wedding Services and Mood 2 Party (company number: 6684879) and whose registered office is at 10 Station Road, Edgware, Middlesex, HA8 7AB.

“Websites” Our websites at www.d-vineevents.com and www.mood2party.com, www.asianweddingservice.co.uk, and www.jewishweddingservices.com.

“You, Your” you, the customer, who has placed the Booking.

1.2 the singular includes the plural and vice versa, and words in one gender include all genders.

1.3 any reference to “writing” or “written” in these Sales Order Terms includes e-mail unless We say otherwise.

2. PLACING AN ORDER

2.1 These are the Sales Order Terms on which We supply the Goods to you as specified on the Order Form. Please ensure that You read these Sales Order Terms carefully, and check that the details on the Order Form are complete and accurate, before You sign and submit the Order Form.

2.2 You place an Order by signing and submitting the Order Form, or by providing Us with the information required in an Order Form by email, to Us as an offer to purchase the Goods from Us.

2.3 The signing and submitting of an Order Form, or the sending of an email as set out in clause 2.2, does not mean that it is accepted. Your Order is accepted by Us either confirming this to You in writing, or by acting in a way consistent with fulfilling the Order (including but not limited to taking payment for the Goods). Once We have accepted Your Order the Order is formed and these Sales Order Terms shall apply.

2.4 If We are unable to fulfil the Order You have placed, We will inform you of this and We will not accept the Order.

2.5 All Orders are subject to these Sales Order Terms, to the exclusion of any other terms and conditions.

2.6 Our Websites and Catalogue are solely for the promotion of Our Goods. The images of the Goods on Our Websites or in Our Catalogue are for illustration and promotional purposes only. We cannot guarantee that Your computer’s display of the colours or the printed pictures accurately reflect the colour of the Goods. The Goods purchased may vary slightly from those images and it is Your responsibility to check that the Goods purchased are those specified in the Order.

3. PRICE AND PAYMENT

3.1 The price of the Goods (“Price”) will be set out in the Order Form at the time We confirm Your Order. Our Prices may change at any time, but Price changes will not affect an Order that We have confirmed with You.

3.2 The Prices are exclusive of VAT and VAT is chargeable on all Orders and You agree to pay any such VAT which may be due.

3.3 The Price of the Goods excludes any Delivery Costs which may be applicable, which will be added to the total amount due.

3.4 You must make the payment for the Order at the time of placing the Order. If You pay by credit or debit card, We may charge an additional fee of 20p per card transaction. These charges are to cover Our costs in processing these payments.

3.5 If any sum due under these Sales Order Terms (or any part of such sum) is not paid by You on the date it is due, such sum will accrue interest at the rate of 4% above the base rate of HSBC Bank Plc from time to time calculated on a daily basis from the date such sum becomes due until the actual date of payment.

3.6 You own the Goods once We have received payment in full for the Goods.

4. COLLECTION OF GOODS

4.1 Collection of the Goods (“Collection”) shall be made by You on the date specified on the Order Form (“Collection Date”), during Business Hours.

4.2 If We agree with You for a Collection outside of Business Hours, Collection of the relevant Goods must be made by You at the agreed time on the Collection Date which shall be specified in the Order Form.

4.3 If You do not Collect the Goods on the Collection Date or (in the case of Collections agreed under clause 4.2 above, at the agreed time specified on the Order Form), We may (in our absolute discretion) retain the Goods for up to 5 working days from the Collection Date for You to arrange a new Collection Date. If You do not Collect the Goods at the re-arranged Collection Date, or if We do not agree to re-arrange the Collection Date, no refund of any sums paid will be given.

4.4 We shall not be responsible for any damage or degradation of Bespoke Design Items or Personalised Items caused by a delay in Collecting those Goods which was due to Your default.

4.5 The Goods will be Your responsibility from the date of Collection.

5. DELIVERY OF GOODS

5.1 Delivery of the Goods (“Delivery”) will take place on the date and at the address specified in the Order Form (respectively “Delivery Date” and “Delivery Address”).

5.2 Where Delivery is specified in the Order Form as being to the kerb of the Delivery Address (“Roadside”) only, this is a delivery drop off service only. We will not assist You in off-loading the Goods from Our vehicle.

5.3 Delivery may be affected by Events Out of Our Control. If We are unable to make a Delivery or be present at the Delivery Address on the Delivery Date due to Events Out of Our Control, We will notify You as soon as possible to re-arrange a new time. If the Event Out of Our Control results in Us being unable to provide Delivery, We will notify You as soon as possible in accordance with clause 9.

5.4 If a Delivery is not made by Us due to an Event Out of Our Control, or any other reason not due to Our default, We may at Our absolute discretion agree another time for Delivery with You, subject to payment of a further fee to represent Our reasonable costs in re-arranging this, which shall be a minimum of £50. If We are unable to agree to another Delivery Date, the Order will be cancelled and no refund of any sums paid will be given.

5.5 It is Your responsibility to provide the correct details of the Delivery. We will use Our reasonable endeavours to comply with those instructions and to minimise any parking charges which may be incurred when providing Delivery services. However if, during the course of a Delivery We incur any parking charges, You agree to be liable for such charges, which will be a debt due to Us immediately on demand.

5.6 The Goods will be Your responsibility from the completion of Delivery.

6. LIMITATION OF LIABILITY

6.1 If We fail to comply with these Sales Order Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of the Sales Order Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable.

6.2 We are not responsible for any loss or expense to You caused by the Goods being unsuitable. It is Your responsibility to ensure that the Goods are suitable for Your requirements at the time of placing an Order.

6.3 We may on occasion agree to inflate balloons or other inflatable items provided to Us by You as part of the fulfilment of any Order for Goods. We are not responsible for any loss of or damage to such items which You have provided to Us, which is caused by Us carrying out your instructions to inflate such items, as part of the fulfilment of any Order. Provided that nothing in this clause 6.3 shall operate to exclude our liability for loss or damage due to Our negligence.

6.4 Nothing in these Sales Order Terms seeks to exclude liability for death or personal injury, fraud or fraudulent misrepresentation, or breach of any terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982.

6.5 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

7. PERSONALISED GOODS If, as part of an Order for Personalised Goods, You provide Us with an image file, jpeg or other image for printing or reproducing on to any Personalised Goods, We are not responsible and accept no liability for any reduction in quality of the image which arises due to the quality of the image We have been provided by You. We do not provide any editing or other alteration service to images sent for reproduction or printing on to Personalised Items, and it is Your responsibility to ensure that the image provided to Us is the image You wish to be reproduced on the Personalised Goods.

8. PROBLEM WITH GOODS OR DELIVERY

8.1 In the unlikely event that there is any delay in Us providing the Goods:

8.1.1 We will contact you and inform You of such delay as soon as reasonably possible; and

8.1.2 please give Us a reasonable opportunity to remedy the problem.

9. EVENTS OUT OF OUR CONTROL

9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Sales Order Terms that is caused by an Event Out of Our Control.

9.2 If an Event Out of Our Control takes place that affects the performance of Our obligations under these Sales Order Terms:

9.2.1 We will contact You as soon as reasonably possible to notify You; and

9.2.2 Our obligations under these Sales Order Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Out of Our Control. Where the Event Out of Our Control affects the performance of the Delivery, You may cancel the Order. Please see Your cancellation rights under clause 9. We will only cancel the Order if the Event Out of Our Control prevents Us from being able to fulfil our obligations under these Sales Order Terms in accordance with Our cancellation rights under clause 11.

10. YOUR RIGHT TO CANCEL AN ORDER OR TO A REFUND

10.1 Your Right to Cancel an Order

10.1.1 You may cancel an Order within 7 days of placing an Order with Us, provided that there is at least 14 clear days before the Goods are to be Delivered to You, Collected by You or any other date that we must comply with and that is specified in the Order (“Cancellation Period”). We will confirm your cancellation in writing to You.

10.1.2 If You contact Us to cancel an Order for Goods during the Cancellation Period, a refund for any payment made will be given. For the avoidance of doubt, no refund of any payment made will be given if you attempt to cancel an Order after the expiry of the Cancellation Period.

10.1.3 If You contact Us to cancel an Order for Bespoke Design Goods or Personalised Goods whether during or after the Cancellation Period, no refund for any payment will be given. This will not affect your legal rights as a consumer in relation to Bespoke Design Goods or Personalised Goods that are faulty or not as described.

10.1.4 An Order may not be cancelled if the Goods have been Delivered to You or if You have Collected the Goods.

10.1.5 For the avoidance of doubt, nothing in this clause 10.1 shall affect Your legal rights in relation to any Goods which are faulty or not as described.

10.2 Your Right to Cancel an Order

You may contact us to cancel a Delivery at any time during the Cancellation Period (as defined in clause 10.1.1 above). In these circumstances the Price of any Retail Goods shall be refunded to You within 14 days of cancellation. No refund will be made in respect of the Price of any Bespoke Design Goods or Personalised Goods. In the event that You cancel a Delivery within the Cancellation Period only, We will charge a fee of £50 to cover our lost costs in arranging that Delivery. For the avoidance of doubt, nothing in this clause 10.2 shall affect Your legal rights in relation to Goods which are faulty or not as described.

11. OUR RIGHT TO CANCEL

11.1 We may in some circumstances have to cancel an Order due to Events Out of Our Control, unavailability of any Goods, key personnel or materials, without which We cannot comply with Our obligations under these Sales Order Terms. We will contact You promptly if this happens.

11.2 If We have to cancel an Order in accordance with clause 11.1 and You have made a payment to Us, a refund of this payment will be given to You.

11.3 We may cancel an Order at any time with immediate effect by giving You written notice if:

11.3.1 You do not pay Us any payment which is due or any part of any payment due; or.

11.3.1 You breach any of these Sales Order Terms in any material way and You do not correct or fix the situation within 2 Business Days of Us asking You to do so.

11.4 If We cancel an Order due to any circumstances set out in clause 11.3, any payments You may have made will not be refunded, and any outstanding sums due under these Sales Order Terms will become payable immediately following the date of such cancellation. Any such sums will accrue interest at the rate specified in clause 3.5 from the date the payment becomes due until the actual date of payment.

12. HOW TO CONTACT US

11.1 We are a company incorporated in England and Wales with company number 6684879 and our registered office is at 10 Station Road, Edgware, Middlesex HA8 7AB.

11.2 If You have any questions or if You have any complaints, please contact Us by e-mailing Us at info@mood2party.com.

13. HOW WE MAY USE YOUR INFORMATION

13.1 We will use the personal information You provide to Us to:

13.1.1 provide the Goods;

13.1.1 process Your payment for such Goods;

13.1.1 inform You about similar products or services that We provide, but You may stop receiving this information at any time by contacting Us.

13.2 We will not give Your personal data to any third party, other than to Our suppliers for the purposes of providing the Goods.

14. OTHER TERMS

14.1 We may transfer Our rights and obligations under these Sales Order Terms to another organisation, and We will always notify You in writing if this happens, but this will not affect Your rights or Our obligations under these Sales Order Terms.

14.2 This contract is between You and Us. No other person shall have any right to enforce any of its terms or conditions.

14.3 Each of the paragraphs of these Sales Order Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.4 If We fail to insist that You perform any of Your obligations under these Sales Order Terms, or if We do not enforce our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.

14.4 These Sales Order Terms are governed by English Law. You and We both agree to submit to the exclusive jurisdiction of the English Courts.