Vintage Affair™ Terms & Conditions of Service
Vintage Affair™ Terms & Conditions of Service
1. DEFINITIONS:
1.1 In these Terms & Conditions the following terms shall have the following meanings:
‘Vintage Affair’ means Vintage Affair Event Styling and Design, Prop Hire and Florists which is the trading name of Edel Cooney, a sole trader registered at Citywest, Co. Dublin, Ireland.
‘Client’ means the person, firm, corporate or public body entering into agreement with Vintage Affair for the provision of Services. Any person purporting to act on behalf of the Client shall be bound by the Terms & Conditions of Service.
‘Balance’ means the Service Charge less any Retainer paid.
‘Booking Form’ means the form issued, otherwise referred to as the “Tally” (either in electronic format or hard copy) by Vintage Affair to the Client specifying, amongst other details, the Venue Date, Service Specifications, Retainer and Service Charge.
‘Damage Deposit’ means the refundable security deposit that Vintage Affair requires the Client to pay as security against the risk of damage to the Materials during the Display period. This deposit amount will be to the value of the ‘Retainer’ payment amount.
‘Dismantling Date’ means the agreed date (or dates) specified in the Booking Form (unless otherwise agreed) for the dismantling and removal of the Materials from the Venue by Vintage Affair.
‘Materials’ means any equipment and materials including (but not limited to) furniture, furnishings, props, decorations and lighting either owned by or under hire to Vintage Affair and installed at the Venue as part of the Services.
‘Invoice’ means any invoice or invoices (also referred to as a ‘Tally’) issued by Vintage Affair to the Client indicating the agreed Service Charge or Additional Charges owed for Service.
‘Display Period’ means the period including and between the Set-up-Date and the Dismantling Date.
‘Retainer’ means the retainer payment (otherwise known as the booking security deposit) as specified in the Booking Form (and which shall be a sum equal either to 20% of the Total Service Charge or €250, whichever sum is greater) to be paid by the Client upon confirmation of the order as consideration for Vintage Affair reserving the Venue Date and providing initial consultation services. The Retainer is held by Vintage Affair subject to the refund conditions set out at clause 5 of these Terms & Conditions, subject always to a minimum retention by Vintage Affair of €250 following expiry of the 14 day cancellation period.
‘Services’ means the provision of decorating and consultation services for the event or events in accordance with the Specifications and which shall also include (unless otherwise agreed) the provision, set-up and dismantling of the Materials at the Venue.
‘Specifications’ means the scope and particulars of Services and Materials agreed by the parties as particularized in the Booking Form.
‘Service Charge’ means the amount payable by the Client for the Services as specified on the Booking Form.
‘Additional Charges’ means any additional charges agreed by the parties in addition to the Service Charge. (i.e. associated travel charges)
‘Set Up Date’ means the agreed date (or dates) specified in the Booking Form (unless otherwise agreed) for Vintage Affair to set up the Materials at the Venue.
‘Venue’ means the venue for the event or events which is the subject of the Booking Form.
‘Venue Date’ means the date of the event or events for which the Services are required.
2. CONTRACT:
Unless stated otherwise in writing all orders placed by the Client are accepted subject to the Terms and Conditions of Service stated below and the Client by placing the order and confirming the details set out in the Booking Form and paying the Retainer is deemed to have acknowledged this and such acts will constitute a binding contract between the parties (“Contract”)
3. THE VENUE:
3.1 Unless otherwise agreed in the Booking Form, the Service Charge is based on the assumption that the Client will ensure that the Venue is safe and complies with all necessary regulations, requirements and relevant bye-laws (including but not limited to Fire & Safety regulations) and is easily accessible to Vintage Affair personnel and is free from any hazardous and/or abnormal conditions or obstructions that might hinder or impede Vintage Affair’s ability to provide the Services. 3.2 If, at the Set Up Date, the Venue does not comply with the above conditions then Vintage Affair reserves the right to charge Additional Charges to cover the cost of any additional elements including but not limited to additional labour, materials and/or insurances that may be required in order to overcome any undisclosed and/or abnormal conditions effecting the installation and erection of the Materials. 3.3 The Service Charge does not include making good any damage to the Venue unless such damage has been caused by the negligence of Vintage Affair’s servants, agents or contractors.
4. PAYMENT:
4.1 Payments must be made in accordance with the payment terms stated in the Booking Form or initial enquiry information email and/or any Invoice(s). 4.2 Unless otherwise specified, the Retainer becomes payable on confirmation by the Client of the Specifications set out in the Booking Form. 4.3 The booking for the Venue Date is only secured on receipt of payment of the Retainer. 4.4 Unless otherwise specified in the Booking Form or enquiry information email, the Balance must be paid to Vintage Affair no later than 60 days prior to the event date. 4.5 All sums payable under the Contract unless otherwise stated are exclusive of VAT and other duties or taxes. Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such sums. 4.6 Vintage Affair reserves the right to charge interest on any late payments at the rate of 4% above the Bank Of Ireland’s (Euro) base rate. 4.7 For the purposes of this clause 4 the expressions “payment”, “payments” and “paid” shall mean receipt of cleared funds into Vintage Affair’s bank account.
5. CANCELLATION AND TERMINATION:
5.1 Either party shall have the right to terminate the Contract without penalty within 14 days from the date of receipt of payment of the Retainer. In the event of such termination by either party Vintage Affair shall refund to the Client all sums paid by the Client to Vintage Affair by way of Retainer or otherwise. The Client may waive the 14 day period referred to in clause 5.1 in order to ensure Vintage Affair begins work immediately and thereafter any refund amount will be governed by clause 5.2 and 5.3.
5.2 Following expiry of the 14 day period referred to in clause 5.1, should the Client subsequently wish to terminate the Contract then the Client will become liable to Vintage Affair as follows: Termination more than 12 months prior to the Venue Date (or 18 months if the Venue Date is 31 December): Client shall be entitled to a refund of 100% of the Retainer less €250. Termination less than 12 months but more than 24 weeks prior to the Venue Date: Client shall be entitled to a refund of 50% of the Retainer less €250.
Termination any time during the 24 week period prior to the Venue Date: Client shall be liable to Vintage Affair for the Balance in full. 5.3 In the event Vintage Affair should terminate the Contract at any time following expiry of the 14 day cancellation period the Client shall be entitled to a refund of the Retainer and any balance paid in full.
6. VINTAGE AFFAIR’S OBLIGATIONS:
6.1 Subject to the Client’s compliance with its obligations under clauses 4 and 7, Vintage Affair undertakes to supply the Services. 6.2 Vintage Affair shall be entitled to subcontract the provision of any or all of its Services.
7. CLIENT’S OBLIGATIONS:
7.1 The Client undertakes:
a) to pay the Retainer and to pay the Balance and any Additional Charges in accordance with the terms agreed under the Contract.
b) to ensure that Vintage Affair has unfettered access to the Venue on (or before) the Set Up Date and the Dismantling Date to enable Vintage Affair to fulfil its obligations under clause 6 above.
c) to provide such electrical power points or supply as may be reasonably required by Vintage Affair.
d) not to use any lighting, heating, cooking or other gas or electrical appliances of any kind within or close to the Materials without the prior written consent of Vintage Affair.
e) not to light, or allow to be lit, any fire, candle or other naked flame within or close to the Materials without the prior written consent of Vintage Affair.
f) not to tamper with the structure or any part of the Materials and in particular not to affix or suspend from the Materials any item whatsoever without Vintage Affair’s prior consent and/or supervision.
g) not to move or adjust any lighting installation Materials without the prior consent and/or supervision of Vintage Affair
h) to cover the cost of any additional labour and associated costs that may be incurred as a result of any unreasonable delays to the dismantling and removal of the materials from the church or venue due to the Client’s failure to clear the church / venue of any extraneous objects and equipment other than Materials. Vintage Affair reserves the right to charge the client additional charges to cover the cost of any additional labour that may be incurred as a result of an unreasonable delay to our services. This includes but is not limited to the delay of the agreed start / finish time of the church or wedding ceremony venue / site. For example: the Bride / Groom arriving late for the wedding ceremony which results in a knock on delay to the dismantling and removal of our property after the ceremony. These additional charges are to cover overtime for Vintage Affair staff and / or the delay in commencement of another event that day.
7.2 The Client shall not sell, transfer, sub-let, licence out the Materials for use to any third party without the express written consent of Vintage Affair. 7.3 The Client will ensure that Venue owner has appropriate public liability insurance in place for the Venue.
8. VARIATIONS:
8.1 If, following payment of the Retainer, the Client wishes to vary the Specifications then Vintage Affair shall use all reasonable endeavours (but shall be under no obligation) to meet any such variation request. Vintage Affair reserves the right to charge Additional Charges to cover the cost of any additional labour and materials that may be incurred to meet such a variation request. Vintage Affair shall be under no obligation to reduce the Service Charge where the Client elects to reduce the Materials ordered. Any decision to reduce the Service Charge will be at the sole discretion of Vintage Affair.
8.2 Vintage Affair will use all reasonable endeavours to supply the Client with the Materials as specified in the Booking Form, but in the unlikely event that this is not possible then Vintage Affair will notify the Client of any variations to the Materials as soon as possible. Where such variation results in a material (i.e. fundamental) change to the Materials the Client shall have the option of (i) either accepting the proposed variation (in which case the parties will consider whether it is reasonable for any adjustment to be made to the Service Charge), or (ii) terminating the Contract and any Retainer paid will be refunded to the Client in full.
8.3 If, at the Set Up Date, the Venue does not comply with the Venue conditions disclosed by the Client and agreed as per these Terms and Conditions then Vintage Affair reserves the right to charge Additional Charges to cover the cost of any additional labour and materials that may be incurred to overcome any abnormal conditions effecting the set-up of the Materials.
8.4 Unless otherwise provided by these Terms & Conditions, any variations agreed by the parties shall be agreed separately in writing.
9. LOSS OR DAMAGE TO MATERIALS:
9.1 The Client shall be responsible for the safe custody of the Materials throughout the Display Period.
9.2 The Client shall notify Vintage Affair of any shortages, damages, incorrect deliveries or unacceptable condition of Materials on the Set Up Date.
9.3 The Client shall be responsible for and shall indemnify Vintage Affair against any loss of or damage to the Materials howsoever caused during the Display Period unless caused by the negligence of Vintage Affair, its employees, agents or sub-contractors. The Client shall not be liable for the cost of damage to perishable Materials (such as floral displays) unless the Client specifically requires immediate replacement, in which case the Client shall be responsible for the cost of the replacement perishables and associated set-up costs.
9.4 Vintage Affair shall be entitled to charge Additional Charges for the cleaning, repair or refurbishment of any Materials (whether belonging to or hired by Vintage Affair on behalf of the Client) if the Materials at the end of the Display Period are found to be in an inferior condition, fair wear and tear accepted, to the condition they were in at the commencement of the Display Period.
9.5 Vintage Affair require a Damage Deposit from the Client. The Damage Deposit shall form part of the retainer / security booking deposit payment. The Client must pay the Damage Deposit to Vintage Affair before the Set-Up-Date and shall be refunded upon safe collection and inspection of all the materials within 14 days following the event date.
10. EXCLUSION AND LIMITATION OF LIABILITY:
10.1 Vintage Affair will use all reasonable endeavours to complete the set-up of the Materials on or before the Set Up Date provided that the Client has complied with the undertakings set out above. If the Materials are not set-up on or before the Set Up Date due to reasons of bad weather or other circumstances beyond its reasonable control Vintage Affair shall not be liable to pay any compensation to the Client.
10.2 If the Materials are not set-up on or before the Set Up Date for reasons other than for reasons of bad weather or other circumstances beyond its reasonable control the Client shall have the right to terminate the Contract and Vintage Affair shall return all monies paid.
10.3 Vintage Affair will take all reasonable care to avoid damage to the Clients’ own property but cannot be responsible for any loss or damage suffered by the Client in respect thereof other than as a result of the negligence of Vintage Affair’s servants, agents or contractors.
10.4 Other than in respect of any liability for personal injury or death arising as a result of the negligence of Vintage Affair’s servants, agents or contractors the Client acknowledges that Vintage Affair’s total liability under the Contract shall not exceed a sum equivalent to the Service Charge.
10.5 In a situation where extreme weather or storms are forecast either during the Set Up Date or during the Display Period that might affect adversely affect the Venue and particularly in circumstances where the event is being hosted outside or in a tent or in a weather sensitive environment, Vintage Affair reserves the right to decline to set-up the Materials or if the Materials are already set-up, to dismantle them, for reasons of safety. In such an event Vintage Affair shall be under no obligation to reduce the Service Charge and the Client will still remain liable for the Service Charge and any Additional Charges. Any decision to reduce the Service Charge or any Additional Charges in such circumstances will be at the sole discretion of Vintage Affair.
10.6 Vintage Affair shall not be responsible for making good any repairs to the Venue unless caused by the negligence of Vintage Affair’s servants, agents or contractors
11. THIRD PARTY LIABILITY
Vintage Affair will not be responsible for and the Client will indemnify Vintage Affair against all claims for injury to persons or loss or damage to property at the Venue howsoever caused unless it be proved that such injury, loss or damage was caused by the result of the negligence of Vintage Affair’s servants, agents or contractors.
12. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS:
Vintage Affair reserves all rights in its intellectual property of any nature whatsoever including without limitation copyright, and design rights and the Client shall not be entitled to any intellectual property rights arising out of the provision of the Services. The Client shall not release photographs, designs, quotations, drawing and recordings to any third party for any commercial purpose without the prior written consent of Vintage Affair. Vintage Affair reserve the rights to take photographs and video footage of its own work (to include event styling, décor and floral creations) at each event for the use of their own marketing purposes only.
13. GENERAL:
13.1 Unless stated otherwise in the Booking Form all Materials shall be treated as the property of Vintage Affair and no title to or right of possession, lien or otherwise in relation to the Materials is granted or assigned to the Client under these Terms and Conditions. 13.2 For the purposes of the Data Protection Act 1998, as amended, the Client agrees and gives consent to the holding and processing of personal data relating to the Client in any form (whether obtained or held in writing, electronically or otherwise) by Vintage Affair for the purpose of fulfilling its obligations under the Contract. 13.3 The Client may not assign its rights under the Contract without the consent in writing of Vintage Affair. 13.4 No provision of these Terms and Conditions are enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any party other than Vintage Affair or the Client. 13.5 These Terms and Conditions shall be subject to the laws of Ireland.