HIRE ITEMS AND TERMS AND CONDITIONS
• Placing an order with us verbally, by phone, Internet, social media or any other method of communication constitutes you having read, understood and agree to the following terms and conditions.
• Please read this agreement carefully. Upon entering into this agreement, you the hirer, agree to be bound by the terms within.
• These are the only terms and conditions upon which will form a binding contract with you. No alteration or substitution to these terms and conditions shall be valid unless agreed in writing by Feel the Magic Ltd.
• Within these terms and conditions reference to “goods” “order/s” or “item/s” shall include Magic Mirror Photo Booth, LOVE Letters, Portabello Candy Cart, Ferris Wheel Candy Cart, Postboxes and any other items hired by you from us under the contract for hire agreement.
• The period of hire is dependent on the item and will be agreed at time of booking – we can be flexible on this at our own discretion. We reserve the right to collect hired items after midnight following your event as products may/could be needed for re-hire and will be required for quick ‘turn-around’ cleaning and prompt dispatch – under these circumstances this collection time is non-negotiable. We reserve the right to collect at this time without prior discussion.
• We reserve the right to substitute an item for an alternative design i.e. if breakages, delayed returns, lost items have occurred as a result of a previous customer order. Any necessary substitutions will be communicated prior to your order being dispatched/delivered.
• We reserve the right to withdraw our acceptance of your order if the goods requested are not readily available to us and will refund in full any payment you have made.
• We reserve the right to substitute an item for an alternative design i.e. if breakages have been incurred as a result of a previous customer order. Any necessary substitutions will be communicated prior to your order being dispatched.
• All goods hired will require a £50 non-refundable deposit at the time of the booking to secure the order. If the required delivery date is within 4 weeks of placing your order, full payment will be required.
• The balance of the complete cost of the hire (inclusive of the delivery and collection charge) is due for payment 28 days prior to the goods being dispatched. The preferred method of payment is by credit card or debit card either by sage pay invoice or bank transfer. We are happy to accept payment by bank transfer also.
• If the balance payment is not received we reserve the right to withdraw our acceptance of your order. No delivery will be made without receipt of the balance. Delivery will not be made without receipt of the full invoiced balance and security deposit transaction.
• If you wish to arrange an extended hire, hold your hired goods for longer than the contracted period, please contact us in advance to check availability of the products and also the costs for the extended hire.
• No refunds or credits will be issued for any items that are returned unused.
• We do not request that a security deposit is paid before you receive your hire items (unless this has been previously agreed and one is included within your booking form) However, we do run a policy that protects ‘us’ (the owners) and ‘yourselves’ (the customers) from incurring any additional charges as the result of damage, misuse and potential loss of earning for ourselves. As a result, we operate the below system:
AT POINT OF DELIVERY – for all our items (excluding the magic mirror photo booth) we will deliver them to your venue (please confirm with your co-ordinator and provide their name and contact details as well as details of where within the venue your hire item(s) are to be situated). Upon arrival and set-up we will take photos of the set-up of your hire items and what they look like from all angles. A copy of these photographs will then be emailed to you on the day.
Our hire items are in your care and are your responsibility during their hire period from delivery right up until they are collected.as we are not there to see over them. We ask that you take care and attention to all our items and remember that these may be going to another venue the next day (this is very likely over the busy summer months). The venue can not be held responsible for them
6. COLLECTION – the hire items will then be collected the following morning (unless agreed otherwise).
If we discover any damage caused to any of our items we will take further photographs at the venue and we will then email these to you. You will then be provided with a further invoice for the costs of repair and potentially loss of earnings as we would need to refund the next day’s client. This action will not be taken without prior discussion with the client.
Unfortunately, events such and these do occur, and we would therefore not deliver damaged items / items in poor condition to other events until they are deemed fit for purpose. We cannot guarantee that any damage can be repaired within less than 48 hours ready for other bookings. We will invoice for the necessary damage / loss of earnings to be paid within 7 days of your event. Failure to make the requested payments can result in court proceedings being commenced.
• If a security deposit is required, it must be provided with the balance payment 1 month prior to the dispatch of the goods and is paid via Sage through the ‘pay now’ function on your invoice ONLY. The sum of money is dependent upon the value of the goods being supplied and is held as a deposit against the safe and prompt return of the goods under hire. See details of price on our website. If we deem that our items have received no damage this will be refunded to you within 5 days of your date via sage.
• Substitute items will not be accepted, and all damaged items remain the property of Feel the Magic Ltd. and should therefore be returned.
CANCELLATION AND CHARGES
• If, for any reason, you wish to cancel your order you should email us at firstname.lastname@example.org in the first instance. All cancellations or reductions in numbers of items to be hired must then be confirmed in writing and will only become effective on receipt of your cancellation email or letter.
• You will incur a cancellation charge based upon the value of the balance owing. This amount is dependent upon the length of notice we receive from you.
– Cancellations made from 1 MONTH prior to the date of delivery will be exempt from a cancellation charge. Note your full balance payment is non-refundable but no charge will be levied against the balance owing.
– Cancellations made less than 1 MONTH prior to the date of delivery will be charged at 75% of the balance owing on the total contract price.
– Cancellations made within 7 days of the delivery date will be charged at 100% of the balance owing on the contract price.
• Cancellation charges will automatically be added to your invoice.
• All goods remain the property of Feel the Magic Ltd. 69 Masshouse Lane, Kings Norton, Birmingham. B38 9AH
DELIVERY AND COLLECTION
• Deliveries and collections will be made in person by a Feel the Magic Ltd. Hire representative using our own fully serviced vehicles. In some instances, items can be collected from our premises by prior arrangement.
• Delivery and collection charges are quoted on an individual basis, based on the location postcode. You or an appointed person will be required to inspect and sign for the goods at the time of delivery.
• Any person other than the hirer who signs a delivery/collection note at the venue is deemed to be authorised to do so. Any discrepancies to the order must be notified within 24 hours of the delivery. Any discrepancies that are not notified during this period will be exempt from any credit/refund.
• Please be aware that the goods remain your responsibility until they have been collected by Feel the Magic Ltd. Hire. You should therefore make every effort to ensure goods are kept dry and are retained in a secure place until this time. Goods that are not returned will be charged at the price quoted in your contract.
• Hired goods must be returned in their original packaging and packaged in accordance with the guidelines supplied. Failure to do so may result in breakages and therefore charges against your deposit. All items must be repacked and stored together ready for collection: Feel the Magic Ltd. Hire is not responsible for gathering hired items and any additional work/delay incurred as a result of an order which has not been pre-packed for collection will be chargeable at an hourly rate of £25.00 + VAT. Please ensure that all containers are dry prior to placing in the packaging. Goods not available for collection on the agreed date and time will incur an additional collection fee plus a 25% of the listed hire price per item per day.
• We will make every effort to collect and deliver your order at the specified times however we will not be liable for any loss arising directly or indirectly from any delay in the delivery or collection of the goods.
DAMAGED AND / OR STOLEN GOODS
• Goods in your care shall remain your responsibility at all times.
• When goods are returned badly damaged in any way we have the right to charge you the replacement cost or treatment charge and add this to your invoice or deduct the amount from your deposit. If you have paid the full balance and paid no further deposits (i.e. security deposit) you will be invoiced separately to cover these costs. Failure to pay the quoted invoice will also result in court proceedings being issued.
• Details of these charges are available upon request. The hirer shall be solely responsible for the hired goods. Hotels/venues/florists/wedding planners/ or any other third-party involvement will be exempt from any responsibility regarding hired goods and will not be held accountable should any damage occur whilst in their possession.
• If our goods are completely broken beyond repair and / or are stolen whilst under your care (as per the previous condition you are the sole responsibility of any hired goods, not your venue or other source) we will withhold your full deposit and invoice you for a full replacement and loss of earnings (please note the full replacement cost will be more than you originally paid to hire the good(s) and the loss of earnings can, and will include loss of business for future bookings as well as damage to our businesses reputation). We will also notify the police and report this as damage to our property and / or as stolen property. Failure to pay the quoted invoice will also result in court proceedings being issued.
USE OF OUR HIRE PRODUCTS FOR THEIR INTENDED PURPOSE
• Our goods are to be used ONLY for their intended purpose. Any misuse that results in damage will result in your security deposit being withheld or an invoice being sent to pay for their damage and / or loss of potential earnings.
• Where goods have not been used whilst in your care and have resulted in injury Feel the Magic Ltd will not be held responsible for their injury (i.e. the sweet cart or LOVE Letters have toppled over because someone was pulling it or pushing)
• Our LOVE, initials, MR&MRS letters and numbers are for display purposes ONLY. You are free to have photographs taken around them but these are not to be leant on with force, pushed, pulled nor are the bulbs to be touched. The bulbs may get warmer throughout your day and are not to be tampered with. Feel the Magic Ltd will not be held, nor take responsibility of any injury sustained as a result of their misuse.
• We warrant that at the time of delivery goods will be of satisfactory quality; however, we are not liable for any damages or losses incurred during transit. We reserve the right to choose an appropriate replacement to your specified item should the necessity arise. Any necessary substitutions will be communicated to you prior to your order being dispatched via e-mail.
• In no circumstances shall our liability to you exceed the invoice value of the contract.
• Feel the Magic Ltd. or any of their employees shall not be liable in respect of damages/injury/loss or any other damage incurred in respect of this hire, as a result of any defect or damage to the item and the customer shall satisfy himself/herself of the Suitability/condition/placement of the equipment upon receipt.
• These items and conditions and any contract formed between us shall be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the English courts.
• If for any reason you are not entirely satisfied with your goods your statutory rights are not affected and complaints can be made by telephoning; 0121-459-5700 or made in writing to Feel the Magic Ltd. 69 Masshouse Lane, Kings Norton, Birmingham. B38 9AH
• Feel the Magic Ltd. treats any personal information you provide in accordance with the provisions of the data protection act of 1998 and will only use the information you supply via our website and / or social media to contact you in connection with services provided and/or to respond to requests you have made to provide any desired information.
• Wedding Day Hire does not sell, trade or rent your information to third parties.
Please sign, print and date the below and return to confirm you have read, understood and accepted these terms and conditions. Without the return of this agreement your booking will not be valid and may result in your booking being cancelled and monies withheld.