Lush Occasions
Bespoke Wedding and Event Stylist
TERMS AND CONDITIONS
Anne‐ Louise Hughes
Trading as Lush Occasions of 35 The Belfry, Stretton, Burton‐On‐Trent, Staffs, DE13 0XS.
(“The Stylist”)
“You” are:
The customer who receives Styling Services and/or hires the Equipment from us (and where
there is more than one person, they shall be jointly and severally liable).
(“The Client”)
These are the Terms & Conditions subject to which we allow you to hire our Equipment and provide
our Styling Services.
1. Definitions
In this agreement:
“Charges” Means the hiring fee and includes all costs related in any way to this
agreement.
“Styling Services” Means our styling advice, and attendance to prepare, style your
Event, subsequently remove any Equipment we provide, which is
provided by us following consultation and by agreement, and is
based on your requested theme, style or specifications (“your
Brief”).
“Deposit” Means a sum of money paid by you to us at the commencement of
this agreement to secure the Styling Services and the Equipment for
a specific date for your Event.
“Event” Means the event, wedding, party or function at which Styling
Services will be provided.
“Equipment” Means any items we provide to dress and style your Event in
accordance with your Brief and our Styling Services.
“Hire Period” Means the period of time in which you are entitled to possession of
the Equipment. This will usually be for 24 hours for the Event as
identified in the Styling Services, unless agreed otherwise in writing.
“Quotation” Means a Price offer by us, based on your Brief, which you have
accepted. It includes the Charges for our Styling Services, the hire
and delivery and set up of the Equipment, and the removal of the
Equipment after the Event.
“Services” Means the hire of Equipment and any other Styling Services we
provide to you under this contract.
“Site” Means the place where the Equipment is to be used by you and the
location of the Event.
2. The Basic Contract
2.1. This is a hire agreement. We own the Equipment and hire it to you for
the Hire Period, for a Charge. You may not deal with the Equipment in
any way which is contrary to our ownership of it. If you do, you will be
in breach of this agreement and will also be committing a criminal
offence.
2.2. The Hire Period is for 24 hours. The Hire Period can be extended
thereafter by agreement in writing.
2.3. The Quotation is an invitation to hire. Neither of us is bound to a legal
agreement until you accept and sign this agreement.
2.4. The Styling Services are provided under a contract for services.
Unless set out in the Quotation, any additional Styling Services are
charged at £50.00 per hour.
2.5. This agreement and the Quotation together contain the entire
agreement between us and supersede all previous agreements and
understandings between us. By signing, or instructing us to progress
with the Services, you accept the Terms set out in the Quotation and
the Terms of this agreement.
2.6. Risk in the Equipment passes immediately to you when the Equipment
leaves our possession and is delivered to Site. That means you are
responsible for taking care of it. You remain responsible until the
Equipment is safely back in our possession. The Equipment we
provide for the Hire Period is at your risk, and you are required to
insure it for the Hire Period.
3. Delivery
3.1. We deliver the Equipment to Site and the charges for delivery are
included in our Charges.
4. Charges and Deposit: Payment Procedure
4.1. All Charges are specified in the Quotation.
4.2. All the payments may be made on invoice and in accordance with
Clause 13 below or otherwise as specified in the Quotation.
4.3. The Deposit specified in the Quotation shall be paid by you to us on
entering this agreement. The Deposit is non-refundable unless you
cancel the agreement in accordance with Clause 5.
4.4. The part payment of 50% of your booking cost is due 6 months before
your event and is non-refundable
4.5. Payment of the balance of all Charges is due 4 weeks before the Hire
Period and is non-refundable.
5. Cancellation Terms: Hired Equipment
Under Consumer Laws, you have a right to cancel this hire agreement. You may exercise the
cancellation right under following conditions:
5.1. This contract comes into existence on the day you complete this
agreement.
5.2. As required by the Regulations, details of our after-hiring service and
guarantees, if any, are given along with these Terms and Conditions.
5.3. You may cancel this contract within 14 days of entering into it. That
means we will not be able to hand over the possession of the
Equipment for 14 days. In the event of cancellation within this 14-day
period, the Deposit that you have paid will be returned to you.
5.4. In the event of cancellation beyond the 14-day period set out in Clause
5.3, Clause 6 will apply.
6. Cancellation Terms: Services
6.1. The Services can be cancelled by either party in writing or by email
subject to the matters set out in this clause.
6.2. If The Stylist cancels the Services, any Charges paid will be repaid to
The Client within 14 days of cancellation, and no further refunds, sum
or compensation will be payable to The Client by The Stylist arising
from such cancellation.
6.3. If The Client seeks to cancel the Services more than 6 months before
the Event, then the Deposit shall be forfeited. If the client seeks to
cancel the services under 6 months before the event but over a month
before the event, the second payment of 50% of the booking cost shall
be forfeited. If the client seeks to cancel within a month of the event the
total cost of 100% of the booking cost shall be forfeited. These sums
once paid are non-refundable. No further sums will be due from The
Client to The Stylist.
7. Equipment Not as Ordered
7.1. We shall use all reasonable endeavours to ensure that:
7.1.1. the Equipment complies with its description on the Quotation; and
7.1.2. is of satisfactory quality and/or fit for purpose.
7.2. Immediately upon taking possession of any Equipment, you should
examine it and satisfy yourself that it complies with the Quotation and
has arrived in safe, clean and usable condition.
7.3. If you find any defect in the quality or quantity of the Equipment, or a
failure to comply with the Quotation, you must immediately inform us of
that defect.
7.4. If you claim that the Equipment was defective, you must return it to us
in the exact same condition as you received it.
7.5. In returning defective Equipment, please state the fault and when it
arose.
8. Breakdown and Repair
8.1. You must inform us immediately of any problem or defect with the
Equipment.
8.2. We will, as soon as practicable, repair or replace Equipment showing a
defect.
8.3. If we repair or replace Equipment, you have no additional claim against
us either under this agreement or by statute or common law, in respect
of the defect or problem.
8.4. If you have been negligent in your care or use of the Equipment, you
will pay us for appropriate replacement Equipment of the same quality
without deduction for depreciation or use.
9. Client’s Other Obligations
You agree that you will:
9.1. not permit any other person to use the Equipment outside the scope of
the Services and/or the Event without our written consent.
9.2. not take the Equipment away from the Site without our consent.
9.3. use the Equipment with care, and to keep the Equipment safe.
9.4. return the Equipment to us in the condition in which we delivered it to
you.
9.5. not attempt to repair the Equipment without our consent.
10. Loss or Damage Caused by Third Parties
10.1. You must inform us immediately if the Equipment is stolen or damaged
by a third party.
10.2. You undertake to report the theft to us and to the Police, and after that
to co-operate with us and with the Police so far as your help may be
required.
11. Disclaimers and Limitation of Liability
11.1. Conditions, warranties or other terms implied by statute or common law
in any country, are excluded from this agreement to the fullest extent
permitted by law.
11.2. We are not liable to any person in any circumstances if at any time:
11.2.1. the Equipment has been damaged in any way whatever;
11.2.2. the Equipment has been repaired or serviced by someone not
authorised by us to provide that service.
11.3. We shall not be liable to you for any loss or expense which is:
11.3.1. indirect or consequential loss; or
11.3.2. economic loss or other turnover, profits, business or goodwill
even if such loss was reasonably foreseeable or we knew you might
incur it.
11.4. Except in the case of death or personal injury, our total liability, arising
in any way out of this agreement, shall not exceed the sum of
£1000000. This applies whether your case is based on contract, tort or
any other basis in law.
12. Termination
This agreement terminates on the first to happen of the following events:
12.1. at the expiry of a fixed Hire Period set out in the Quotation or in this
agreement, or any extension of it;
12.2. if the payment of the Charges is not made in accordance with these
Terms; or if The Client commits a material breach of any of these
Terms and fails to remedy the breach within 14 days of being notified in
writing; or The Client makes any statements or behaves in any way or
requests The Stylist to undertake any actions that are discriminatory,
illegal or immoral; or if The Client enters into any form of insolvency
arrangement, or suspends their business.
12.3. Upon termination, The Client shall immediately pay any outstanding
Charges to The Stylist.
13. Miscellaneous Matters
13.1. No amendment or variation to this agreement is valid unless in writing.
13.2. So far as any time, date, or period is mentioned in this agreement, time
shall be of the essence, except we shall not be liable if delivery of the
Equipment by us to the Site is delayed for reasons beyond our control.
13.3. The parties agree that electronic communications satisfy any legal
requirement that such communications be in writing.
13.4. The Charges will be paid after invoices rendered from time to time.
Payment terms are 14 days, and payment is not deemed to have been
made until the Charges have been paid in full. If payment is not made
in full and within time, the Services may be suspended and payment in
advance may be required before the Services are recommenced.
13.5. If payment is not made in accordance with the above clauses, The
Stylist reserves the right to charge interest at the rate prescribed by the
Late Payment of Commercial Debt (Interest) Act 1998 from the date
payment was due until the date payment is made.
13.6. Each party will keep the confidential information of the other party and
any third party confidential and secret, and only use it for the purposes
of supplying the Services or making proper use of the Services. Each
party recognises and accepts its obligations with the regard to the
control and processing of personal data under the current data
protection legislation and regulations. For more information on this,
please see our Privacy Notice on Our Website.
13.7. The Client grants to The Stylist, consent to use any work including
photographs created as part of the Services to show off their services
and designs, together with the right to display images as part of their
portfolio and to write about the Services on websites, and in their
marketing materials. If The Client does not wish to grant this consent,
they must confirm this in writing within 7 days of entering into this
agreement.
13.8. Nothing in these Terms are intended to create a partnership or joint
venture between The Stylist and The Client, and no party has the right
to act as agent for the other or to bind the other party in any way.
13.9. Variations to the Services, may only be agreed in writing. Services
outside the scope of the initial proposal will attract additional charges.
Any changes to the date of the Event will constitute a cancellation and
Clause 6 shall apply.
13.10. Following the conclusion of the Services, The Stylist may wish to
contact The Client to request testimonials, recommendations or
feedback on the Services. By agreeing these Terms, The Client is
consenting to that contact by The Stylist after the conclusion of the
Services.
13.11. In the event of a dispute between the parties to this agreement, then
they undertake to attempt to settle the dispute by engaging in good
faith with the other in a process of mediation before commencing
arbitration or litigation.
13.12. Unless this agreement says otherwise, neither party shall be liable for
any failure or delay in performance of this agreement which is caused
by circumstances beyond their reasonable control, including any labour
dispute between a party and its employees.
13.13. The validity, construction and performance of this agreement shall be governed
by the laws of England and Wales.