Terms & Conditions

DEFINITIONS

The following definitions apply in these Terms and Conditions and the documents related to herein:

"Acknowledgement" means the Booking Form signed by the Supplier;

"Booking Form" means the form which the Hirer uses to place an Order;

"Contract" means the contract formed between the Supplier and the Hirer as set out in these Terms and Conditions and includes these Terms and Conditions, the Booking Form and the Equipment Specific Instructions;

"Deposit" means the sum stated as payable as deposit for the Equipment on the Supplier’s website or Booking Form;

"Equipment" means the toys and goods identified on the Booking Form for hire from the Supplier;

"Hire Period" means the duration of hire set out on the Booking Form;

"Hire Price" means the price stated on the Booking Form for the equipment supplied therein for the Hire Period;

"Hirer" means the person named on the Booking Form, who must be aged 18 or over;

"Equipment Specific Instructions" means the list of contents, assembly and packing instructions, and instructions of use issued to the Hirer in respect of the Equipment and forming part of the Contract;

"Price Balance" means the Hire Price less the Deposit;

"Order" means an order by the Hirer to hire the Equipment, either by telephone, email, or other method as stipulated on the Supplier’s website or other literature;

"Supplier" means Lisa Cook of [11 Bradenham Road, West Wycombe, Buckinghamshire, HP14 4EY] trading as Daisy’s Party Toys;

"Terms and Conditions" means these terms and conditions.

BASIS OF CONTRACT

The Hirer will place an Order by completing and returning the Booking Form to the Supplier with the Deposit.  If it wishes to accept the Order, the Supplier will acknowledge receipt of the Order and the Deposit by signing and returning the Booking Form to the Hirer and will confirm the time for collection or delivery of the Equipment, at which point a contract for the hire of the Equipment will be in force.

An order by the Hirer constitutes an offer to hire the Equipment and the Hirer is responsible for checking that the terms of its offer are correct.  By placing an order the Hirer acknowledges that the terms of the Booking Form, the Terms and Conditions and the Equipment Instructions Sheet shall apply to the Contract.

INSPECTION OF EQUIPMENT

The Hirer will be given the opportunity to inspect the Equipment before taking delivery of thereof and any defects will be agreed by the Hirer and Supplier and noted on the Booking Form at the time of collection/delivery.

SUPPLY OF EQUIPMENT

The quantity and description of the Equipment will be as set out on the Booking Form.

If the Supplier cannot, for reasons beyond its reasonable control, fulfil the booking with the Hirer as set out in the Acknowledgement, meet the request of a Hirer it shall inform the Hirer as soon as reasonably possible and will use its reasonable endeavours to provide substitute Equipment.  In the foregoing circumstances, the Hirer is entitled to reject the substitute Equipment and shall be entitled to a refund of the Deposit within 10 days of such rejection.

COLLECTION/DELIVERY

The Hirer may collect the Equipment or request delivery by the Supplier.  In the Order the Hirer must:

  • State whether it will collect the Equipment from the Supplier’s address as set out in the Order, or provide an address to which the Supplier should deliver the Equipment; and
  • State whether it will return the Equipment, or provide an address from which the Supplier should collect the Equipment.

 

Where the Hirer finds it is unable to collect the Equipment and gives the Supplier at least 4 hours’ notice, the Supplier will use its reasonable endeavours to deliver the Equipment.

A delivery/collection charge of £20 applies to delivery/collection to addresses within a 15 mile radius of the Supplier’s address, as noted above.  Charges for addresses beyond this radius will require separate agreement with the Supplier when making the Order.

At the end of Hire Period the Hirer will return the Equipment or, where collection by the Supplier has been agreed, will ensure the Equipment is ready for collection by the Supplier at the time agreed for collection. 

If the Hirer fails to comply with this condition it will be charged £25 per hour, or part hour, until the actual time of return or time when the Equipment is ready for collection.  The supplier is not responsible for any delays in collecting the Equipment caused by the Hirer failing to comply with this condition.

If you would like to contact us by post:

11 Bradenham Road
West Wycombe
Buckinghamshire
HP14 4EY

USE OF THE EQUIPMENT

During the Hire Period the Hirer shall be responsible for:

  • using the Equipment in accordance with the Equipment Instructions Sheet, including age and capacity restrictions and supervision and set-up instructions;
  • ensuring that the Equipment is used indoors, unless specially authorised for outdoor use by the Supplier on the Booking Form;
  • ensuring the Equipment is used on a flat, safe surface suitable to the Equipment and in no event near water such as swimming pools, baths or rivers and in sufficient space for easy access to the Equipment by users;
  • the set-up of the Equipment;
  • the supervision and safe keeping of the Equipment;
  • the proper supervision of all persons using the Equipment including numbers of children using Equipment at any one time;
  • ensuring that no children consume food or drink while using the Equipment;
  • ensuring that children wear shoes when using the Equipment;
  • ensuring that the Equipment is returned in a clean and undamaged condition.

 

The Hirer should also read the Equipment Instruction Sheet as to general use of the Equipment. 

DAMAGE

The Hirer is responsible for any damage caused to the Equipment during the Hire Period.  For the purposes of the Contract, “damage” shall mean any breakage, scratching, disfiguring or discolouring of the Equipment.   In the event of any damage the Hirer shall pay an amount equivalent to the Hire Price, or in the case of the Equipment being unfit for rehire, the Hirer shall pay the sum equivalent to the cost to the Supplier of purchasing replacement Equipment.

The extent of damage and the obligation for the Hirer to reimburse for damage shall be communicated by the Supplier to the Hirer within 72 hours of collection or return of the Equipment.

PAYMENT

The Hirer shall pay the Price Balance in full at the time of collection or delivery of the Equipment.  Payment should be by cheque payable to Mrs L Cook, or in cash.

No credit will be extended and the Contract will not constitute an agreement regulated by the Consumer Credit Act 1974.

LIABILITY - IMPORTANT

The Hirer is invited to make enquiries and inspect the Equipment before entering into the Contract.  The Supplier accepts no responsibility for lack of enjoyment by or suitability to a user or group of users of the Equipment.

The Hirer is responsible for any damage to property, or death or personal injury to a user of Equipment during the Hire Period except where death or personal injury is caused by the Supplier’s negligence.

Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence or for any matter for which it would be unlawful for the Supplier to exclude or attempt to exclude its liability.

Subject to the above, the Supplier’s total liability in contract, tort, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Hire Price.

CANCELLATION

If the Hirer cancels all or part of the booking within 7 days of the event the supplier reserves the right to withhold the deposit.

GENERAL

At no time will ownership of the Equipment pass to the Hirer.  The Hirer grants the Supplier a licence to enter any premises where the Equipment is being kept if the Equipment is not returned at the end of the Hire Period for the purpose of recovering such Equipment.

The Supplier and the Hirer do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

This agreement and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales. 

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