Terms and Conditions
We are Sweets for my Sweet Ltd, 27 Pintail Drive, Iwade, Sittingbourne, Kent. ME9 8QW. If we agree to hire any goods or items to you (“the Equipment”), this will be subject to the following terms and conditions.
1.1 If you are hiring on behalf of a business or organisation you confirm that you have the necessary authority to enter into this contract on behalf of that business or organisation, and that you will indemnify us against all losses and expense which may be incurred if this is not the case.
1.2 We reserve the right to decline some or all of your order, for any reason.
2.1 You may place your hire order with us by email, phone, mail or in person.
2.2 We will provide you with an order quote confirming availability (or otherwise) of the Equipment and stating total costs including installation, delivery or other applicable charges.
2.3 The contract between us will be formed when you advise us that you accept the order quote.
3 Hire Charges
3.1 Our hire charges and all other applicable charges will be as shown in the order quote and/or on our website. The order quote or confirmation or invoice will also show the date the fee is due and the period of the hire.
3.2 All equipment should in clean, good working condition, and returned to us in the original condition supplied (without damage).
3.3 You agree to reimburse us for all costs in connection with repairing or replacing Equipment not returned good working condition and will be liable for charges at the daily rate shown in the order quote for the period of such repair or replacement.
3.4 We reserve the right to impose additional charges at the daily rate for the period in which any item of Equipment is not available for use by our other customers because of your breach of these terms and conditions.
3.5 Where we have taken a deposit we may retain the whole or part of this in order to set against any liability you have to us in relation to the hire of the Equipment.
4.1 At our discretion we may ask for 2 months prior to delivery, or payment within 14 days of delivery. The precise structure of payment will be specified in the order quote.
4.2 We accept payment by cash, cheque, or BACS transfer, or business card payments.
4.3 Business card payments will be subject to a 4% transaction fee.
4.4 Where any payment is not made by the date specified in the order quote we shall be entitled to charge interest on the outstanding amount at the rate of 8% per annum above the base rate of the Bank of England, accruing daily, until payment.
4.5 Any deposit paid is non-refundable.
5.1 We deliver hire services to customers in the United Kingdom, unless otherwise quoted.
5.2 Equipment will be delivered or collected by you in good working order. Unless notice is received to the contrary on acceptance or set up, Equipment will be deemed to be in good working order and in good condition.
5.3 Our estimated time for delivery will be stated in the order quote or invoice. We hope to deliver these estimates but occasionally delays will occur, despite our best efforts. We will not be liable for any delay or failure to deliver within such estimated timescales.
6 Installation / Collection
6.1 Where we are unable to set up through error or fault on your part, we reserve the right to charge for our time at the rates shown on the order quote, or at £30 + VAT per hour.
6.2 If electric point is required for the service it must be located within 5 metres of where hire item is set up.
6.3 Any consumables left on the hire item when we collect will be rightfully property of Sweets for my Sweet Ltd. We are not obliged to return (by post/courier) any consumables after collection has been made.
6.4 Be advised that Fun Foods that invlove cooking on site (Popcorn, Candy Floss, Crepes, Waffles) will produce heat. We advise on our website to locate these machines in well-ventilated rooms with high ceilings so as not to affect any smoke alarms. Sweets for my Sweet cannot be responsible for any smoke alarm / fire alarm going off at the venue and affecting the event and any or items on site (evacuation, time delay, sprinkler system, etc). Upon hire of these Fun Food Machines and selecting the location on site the customer is responsible for this action. Contact Sweets for my Sweet in advance if you have any concerns over this prior to the event.
6.5 Our staff need to be advised in advance if there are stairs to encounter on site where we will be loading / unloading hire equipment. If the elevator on site is not functioning or has limited space restrictions we will also need to be aware of this in advance.
6.6 We reserve the right to not accept an order or cancel an order if there is reason to suspect staff may be at risk of physical or verbal abuse. No refund will be issued in the instance.
7.1 The risk in the Equipment will pass to you upon delivery or installation, or, where you choose to uplift the Equipment directly, at the moment of uplift.
7.2 When uplifting the Equipment directly from us you should ensure that you have suitable transport as we reserve the right to refuse removal of Equipment where appropriate arrangements for safe and lawful transport of the Equipment has not been made. If the start of the hire is delayed for this reason we reserve the right to charge at the daily rate shown in the order quote during the period of delay.
8.1 You will not be entitled to cancel the contract once the Equipment has been uplifted or delivered, unless we agree to such cancellation.
8.2 If you are a business customer and wish to cancel the contract within 60 days of the start of the hire the following cancellation charges will apply (being a percentage of the hire charge excluding delivery and extra charges).
a) 31 – 60 days before start of hire period – 50% of hire charge.
b) 0 – 30 days before start of hire period –100% of hire charge.
8.3 If you are a consumer then you have the right to cancel the contract for a period of 24 hours starting from the time the contract is formed, or until the hire commences, whichever is the sooner.
8.4 If you are a consumer cancelling under clause 8.3 then you must advise us in writing immediately at Sweets for my Sweet Ltd, 27 Pintail Drive, Iwade, Sittingbourne, Kent. ME9 8QW or by email to email@example.com. We are not obliged to accept cancellation after this period.
8.5 A fee of £50 + VAT admin fee also applicable on all cancellations.
9 Your responsibilities
9.1 You will make all reasonable efforts to ensure that the Equipment is not damaged or misused during the period of the hire. This includes ensuring that the Equipment can safely be used with any other items which you use.
9.2 You will make all reasonable efforts to ensure that any person operating or using the Equipment during the period of the hire is instructed in the safe and proper operation of the Equipment.
9.3 You shall not sell or attempt to sell or otherwise dispose of the Equipment.
9.4 You shall reimburse us for all costs in connection with repairing or replacing Equipment not returned in good condition, pay us the full retail cost of any Equipment which is lost stolen or damage beyond economic repair, and insure the Equipment against such liability.
9.5 At our discretion you agree to pay the full daily rate for all items of Equipment which require to be replaced or repaired until such repair or replacement has been completed.
9.6 This clause 9 shall not affect your statutory rights or seek to exclude liability which cannot be excluded under the Unfair Contract Terms Act 1977.
9.7 Your responsibility for the goods begins when you or your agent receive the goods and ends only when the goods have been returned to us or collected by us. Your responsibilities include safe keeping of the goods and protection against the elements, theft, vandalism or improper use. You are responsible for the return of the goods and making clear arrangements with us for the collection of the goods at the end of the hire.
9.8 It is your responsibility to make sure that all people who use the Equipment are properly instructed in its safe and correct use and that they are in possession of all instructions supplied by us. It is the customer’s responsibility to provide all suitable clothing. You must ensure that the Equipment is not misused.
9.9 No responsibility can be accepted by Sweets for my Sweet for injury caused by use of equipment hired. No Liability accepted for any stock lost by malfunction of the equipment on hire.
9.10 It is the responsibility of the hirer to ensure that users of the equipment exercise adequate care to avoid injury. Sweets for my Sweet Ltd will not accept responsibility for injury caused through irresponsible behaviour.
9.11 It will be your responsibility at all times to arrange a suitable supply of electricity for use with the Equipment. Under no circumstances should electrical Equipment be used without it being correctly earthed unless it is of double insulated specification. You will be responsible for complying with requirements of the Electricity at Work Regulations 1989 during the period of your responsibility for the Equipment.
9.12 If self-service it is your responsibility to comply with Health and Safety law including Food Hygiene Certification for your staff, etc.
9.14 Dry-hire disclaimers are here to download as PDF as these are contracts you enter when items are not staffed by us:
10.1 You agree to properly maintain the Equipment during the period of the hire and to notify us as soon as reasonably practicable if there is a problem with the operation of any item of Equipment.
10.2 You shall not alter or modify the Equipment or use it for purposes for which it is not designed.
10.3 You agree that we have a right of access to the Equipment in order to inspect, repair or replace it and you authorise us to enter any property where the Equipment is located or where we reasonably believe it to be located, to carry out such inspection, repair or replacement.
10.4 Any breakdown or any unsatisfactory working of Equipment must be immediately notified to us. Under no circumstances must you repair or attempt to repair the Equipment unless authorised by us. The Equipment must be returned to our premises for examination except where examination elsewhere has been mutually agreed upon. You must notify us immediately if the Equipment is involved in any accident resulting in damage to the Equipment or to other property, or injury to any person.
11 Liability and Indemnity
11.1 To the fullest extent permissible under English law, we will not be liable for any losses you incur arising out of or in connection with the hire of the Equipment.
11.2 Notwithstanding the terms of clause 7.1 in the event that we are held liable for losses which you have incurred arising out of or in connection with the hire of the Equipment, our liability to you shall be limited to a sum equal to the amount paid by you for the Equipment hired.
11.3 You agree to indemnify us at all times in respect of all claims by any person in relation to any injury, loss, claim or expense arising out of or in connection with the use of the Equipment.
11.4 If you are a consumer, this clause 11 does not affect you statutory rights.
12 Termination of Hire
12.1 We shall be entitled to terminate the contract immediately and to repossess the Equipment at any time where you are in breach of these terms and conditions, or you take any steps, or if any process or action is started which, in our reasonable opinion suggests that your solvency is in doubt.
12.2 Where the provisions of clause 12.1 apply, you authorise us to enter any property where we reasonably believe Equipment to be, in order to repossess such Equipment.
13.1 For your peace of mind we strongly recommend that a suitable insurance be taken out by yourself as all hire equipment is the responsibility of the customer during the hire period, including our equipment left at other premises. No insurance is provided by Sweets for my Sweet Ltd for loss / theft / damage.
14 Personalised Products
14.1 Order Acceptance - We must receive payment of the whole of the price for the goods you order before your order can be accepted. Our acceptance of your order brings into existence a legally binding contract between us.
14.2 Machine Printed Goods - The delivered quantity of your product may vary by ±10% of the ordered quantity.
14.3 Delays beyond our control - We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any
event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
14.4 Copyright designs - It is the client’s responsibility to gain authorisation to use any copyrighted material/logos.
14.5 Designs - We may occasionally use examples produced for brochures, samples, web site. If this is not acceptable it must be clearly stated on official order or artwork approval.
15 Governing law
15.1 These terms and conditions and the contract for the hire of the Equipment are governed by English law and are subject to the exclusive jurisdiction of the English Courts.
16.1 Photos of our products may be taken at the events that we attend for promotional purposes. Our staff will only take photos of our items and services, with or without the guests using the products. If you would not like images of your event to appear on our website please advise the member of staff attending the event on site, or email firstname.lastname@example.org to request that the photos not be shown on our website or social media feeds.
If you wish to have a copy of the photos we have taken at your event for personal use (strictly not for business use) then email email@example.com and we will send you copies by email.
16.2 All content included on this site, such as text, graphics, logos, button icons, images, is the property of Sweets for my Sweet Ltd, its owner and/or its suppliers and partners. You acknowledge that all copyright, trademarks and other intellectual property rights in and relating to www.sweetsformysweet.co.uk or its contents are vested in Sweets for my Sweet Ltd and/or its suppliers or our partners where appropriate. You must not use, reproduce, modify or distribute our images or any part of those images in any manner, whatsoever.
Terms & Conditions of Quotation and Sale (Printed Goods)
1.1 ‘Company’ shall mean Sweets for my Sweet
1.2 ‘Buyer’ shall mean any person ordering goods or services from the company.
1.3 ‘The Goods’ shall mean the goods or services which shall be supplied by the company to the buyer.
2.1 A quotation by the company does not constitute an offer and the company reserves the right to withdraw or revise a quotation at any time prior to the company’s acceptance of the buyers order.
2.2 Any terms or conditions of the buyers order which are inconsistent of these conditions or which are not expressly contained herein shall not be binding on the company and shall not be considered applicable.
2.3 No waiver alteration or modification of any of these conditions shall be binding on the company unless given in writing and signed by a partner of the company.
3.1 The company may increase the price of the undelivered balance of the goods at any time and, where the price is greater then the price current at the date of order, notification will be sent to the buyer before the goods are dispatched and the buyer may within seven days of receipt of such notice cancel the order in writing so far as the undelivered balance of the goods is concerned.
3.2 The price of the goods on quotation does not include carriage/handling charges unless specifically outlined in said quotation.
3.3 The price of all goods is exclusive of and will be subject (where appropriate) to Value Added Tax and any other duties or taxes which are or will be from time to time payable.
4. SETTLEMENT TERMS AND OWNERSHIP
4.1 The company may give credit facilities if the buyer produces one bank and two trade references which are satisfactory to the company.
4.2 If the buyer has been given credit facilities by the company then payment in full shall be made no later than thirty days after the date the invoice was raised.
4.3 Any extension of credit allowed to the buyer may be withdrawn at any time without notice.
4.4 If a buyer had not been given credit facilities by the company the order must be accompanied by cash or cheque equivalent to the price of the goods.
4.5 Time for payment shall be of the essence. Without prejudice to any other right the company may have, genuine debts as to the buyers financial position and/or failure to pay any invoice in accordance with the foregoing terms or other terms specified in the contract shall entitle the company to cancel further deliveries and work both on the same order or any order from the buyer and to treat the contract as at an end. The company also reserves the right to charge interest on overdue accounts at the rate of 7% per annum above the HSBC Base Rate from time to time to run from the due date of payment until receipt by the company of the full amount whether before or after judgement.
4.6 An order once placed cannot be cancelled differed or altered except by mutual agreement or under clause 3.1 hereof and then only on terms which would fully indemnify the company.
4.7 Ownership of the goods shall remain vested in the company until payment in full has been received by the company for those goods, for any other goods supplied by the company and of any other monies due from the buyer to the company on any account, and until such time the buyer shall hold the goods or the proceeds of sale as bailee in a fiduciary capacity for the company.
4.8 For as long as the property in the goods remains in the company:-
4.8.1 The goods shall be kept separate from other goods on the premises of the buyer so as to be identified as the goods of the company.
4.8.2 Subject to sub-clause 4.8.3 below the buyer shall be at liberty to resell the goods or any part thereof in the ordinary course of business on condition that such part of the proceeds of sale shall equal the price of the goods shall belong to the company.
4.8.3 The buyer’s liberty to resell shall be automatically determined on the occurrence of any of the events referred to in clause 11 whereupon all amounts owed by the buyer to the company shall become payable immediately and the company shall be entitled to enter any premises of the buyer to remove any goods which are the property of the company.
4.9 Notwithstanding clause 4.7 the buyer is responsible for insuring the goods against all risks of loss damage or destruction and such risks shall be borne by the buyer from the time of delivery.
4.10 Each clause and sub-clause of this clause (4) is separate, severable and distinct and, accordingly, and in the event of any of them being for any reason unenforceable according to its terms, the other shall remain in full force and effect.
5.1 Delivery dates are approximate but the company shall within reason endeavour to meet those dates. The company shall not be liable for any loss or damage, direct or indirect, occasioned by delayed delivery and the buyer shall not be entitled to reject the goods or cancel other orders for goods because of delayed delivery.
5.2 Quantities dispatched may vary by up to 5% of that ordered but will be considered as due execution of the order.
5.3 The company shall not be held responsible for deliveries made to third party addresses such as exhibition centres, Hotels and festivals where an increased risk is perceived by the company for a failed delivery.
6.1 The goods will generally accord with the description in the companies catalogue current at the time of order but the company reserves the right in its sole discretion to vary such descriptions or specifications or to cease to manufacture the goods and any such variation or the substitution of reasonably equivalent goods shall not give rise to any claim against the company.
6.2 All measurements quoted are nominal and unless otherwise agreed shall not be reason for termination by the buyer.
6.3 The buyer shall be solely responsible for any matter which the company shall on the buyers instructions print on goods or for any design or construction which he supplies and shall obtain any licences, permission and/or consent for their use.
6.4 All sketches or other work produced by the company at the buyers request shall be separately charged and invoiced.
6.5 The company cannot be held responsible for errors in drawings or samples after they have been approved by the buyer.
6.6 The samples of printed napkins sent by the company have successfully passed examination under the following categories: EN71 Part 3: (1994) Migration of Certain Elements, BS EN71 (1995) Part 3: Toxicity & Colourfastness.
7. WARRANTY AND LIMITATIONS OF LIABILITY
7.1 The company warranty that the goods will be free from material or other defects in workmanship and will conform to the company’s specifications.
7.2 The buyer shall:-
7.2.1 Inspect the goods immediately upon delivery.
7.2.2 within three days of delivery of the goods give notice in writing to the company of any defects or non-conformity.
7.2.3 if there shall be any defect or non-conformity immediately return the goods at its expense to the company: and if the company determines the goods are defective or non-conforming the goods will be replaced. The Customer must make the goods available for collection when requested. After 3 failed collection attempts, any investigation into the complaint shall be voided and the goods shall be invoiced in full
7.3 The warranty will not apply to goods which have been repaired or altered by anyone other than the company or subjected to accident misuse or neglect.
7.4 Any claim not made in writing and received by the company within any specified time limit shall be deemed waived and the company shall have no liability.
7.5 The company’s liability in respect of any loss or damage shall not exceed the invoice value of the goods, in respect of which any claim is made.
7.6 No liability will be accepted by the company for consequential loss or damage.
7.7 All other warranties and conditions whether express or implied statutory or otherwise as to quality or fitness of the goods for any purpose are hereby excluded.
7.8 Where the customer requests the use of our express service, the company shall not be held liable for failure to deliver on time as a result of delays caused by incidents that are out of the companies’ control.
8. BUYERS WARRANTIES
8.1 The buyer warrants to the company that all work or material supplied and any design specification or instruction given to the company shall not infringe the copyright or any enforceable rights of privacy or any right of any person, firm or corporation.
8.2 The buyer shall indemnify the company against all actions claims loss liability damages costs and expenses (including reasonable legal expenses and costs) suffered or incurred by it arising out of any breach by the buyer of the warranty given by the buyer in clause 8.1.
9.1 The company shall not be responsible for any non-delivery of the whole consignment or any part thereof unless the buyer notifies the company in writing within 14 days of the date of dispatch.
9.2 The company shall not be responsible for damage to goods in transit unless the buyer notifies the company and the carriers in writing within three days of the date of delivery.
10. FORCE MAJEURE
10.1 Neither party shall be liable to the other if by reason of any act of god, outbreak or threat of war, riot, strike, lock out, trade dispute or labour disturbance, statutory enactment, regulation or orders, accident, power failure, breakdown of plant or machinery, fire, flood, difficulty in obtaining workmen, materials or transport or other circumstances whatsoever outside the control of or which could not have been reasonably prevented by either of the parties the buyer is prevented from or delayed in taking delivery, or the company is prevented from, delayed or hindered in making delivery of the goods or any part thereof at the time stated for delivery. During any period when delivery of the goods or any part thereof cannot be made by the company for any such reason the buyer, after giving not less than fourteen days written notice of its intention to do so, shall be at liberty to purchase elsewhere at its own cost and risk, such quantities of goods similar to the goods as the company may be unable to deliver.
The company reserves the right (without prejudice to its other rights and remedies) either to terminate any contract with the buyer, or to suspend any further deliveries under any contract or require payment in advance in any of the following events:-
11.1 The buyer fails to make any payment to the company when the same becomes due; or
11.2 if the buyer, being a company, goes or threatens to go into liquidation or has or may have a receiver appointed or, in the opinion of the company, is unable to pay its debts within the meaning of S.518 of the Companies Act 1985; or
11.3 the buyer, not being a company, has a Receiving Order made against him or enters into any arrangement or composition with creditors; or
11.4 the buyer is in material breach of any of the terms and conditions hereof.
12.1 All contracts of which these conditions form part are personal to the buyer who shall not assign or charge the benefit thereof without the written consent of the company.
13.1 These terms and conditions shall be interpreted in accordance with English Law and any unresolved dispute shall be submitted under the English Courts.
14.1 All notices to be served on the company by the buyer shall be sent to the companies head office at Sweets for my Sweet, 27 Pintail Drive, Iwade, Sittingbourne, Kent. ME9 8QW.
14.2 All notices to be served by the company to the buyer shall be sent to the buyers last known trading address.
15.1 When multiple colours are being printed within close proximity to one another, the Company will add what they feel is sufficient bleed to the Customers artwork in order to prevent unsightly gapping. These amendments made to the artwork will not be included during the proofing process.
15.2 When the Customer requests a hot foil print, it is understood that foils bleed and any small details may fill in. The Company will endeavour to reduce the bleed as far as possible however due to the nature of the process it cannot be eliminated.
15.3 Product colours can vary when compared against the Companies colour chart, the product colours can also vary in-between batches.
15.4 Product colours can vary across our product range, eg: a Black coaster may differ in colour from a Black napkin.