Terms and Conditions of sale
These terms and conditions
regulate the Agreement between "you" the customer and Cocoa Delight
(hereinafter referred to as "Cocoa Delight")
All goods which appear for sale on the www.cocoadelight.com web site ("the
web site") are advertised as invitations to treat, and no offer of sale
shall be implied.
By placing an order with Cocoa Delight you are offering to purchase the goods
detailed within that order, which Cocoa Delight may or may not accept at
their sole discretion.
If an order is accepted, Cocoa Delight will send you an e-mail to confirm.
You undertake that all details you provide for the purpose of ordering or
purchasing goods are correct, that the credit or debit card you are using is
your own and that there are sufficient funds to cover the costs of the products
you are purchasing.
To ensure that your credit, debit or charge card is not being used without your
consent, we will validate name, address and other personal information,
supplied by you during or after the order process against appropriate third
party databases. By accepting these terms and conditions you consent to such
checks being made. In performing these checks personal information provided by
you may be disclosed to a registered Credit Reference Agency which may keep a
record of that information. You can rest assured that this is done only to
confirm your identity, that a credit check is not performed and that your
credit rating will be unaffected. All information provided by you will be
treated securely and strictly in accordance with the Data Protection Act 1998.
If for any reason your credit card details are incorrect or there is not enough
money in your account or for any other reason the order cannot be processed, JM
Posner will have right to rescind and upon their election to do so, the order
will be cancelled.
A number of products represented on Cocoa Delight are made to order. In this
instance, full payment for the goods will be taken in advance as the products
are bespoke in nature. Please note that made to order and personalised products
cannot be returned except in the event of a fault.
If there are any changes to the details supplied by you, it is your
responsibility to inform Cocoa Delight as soon as possible.
Your statutory rights are not affected by these terms and conditions.
LIABILITY
We attempt to ensure that the information available on the web site at any one
time is accurate. However, Cocoa Delight assume no duty to update such information
and cannot guarantee that it will be fault-free.
Cocoa Delight does not accept liability (except as set out below) for any errors
and omissions in the presentation of goods on the web site and reserves the
right to change information, specifications and descriptions of listed goods
and products at any time. Cocoa Delight will, however, do its best to correct
any errors and omissions as quickly as practicable after being notified of
them.
Cocoa Delight does not make any warranty that the web site is free from infection
by viruses or anything else that has contaminating or destructive properties.
Cocoa Delight will only be liable for loss (save in the case of death or personal
injury in respect of which there is no limit) up to a maximum total of the
price of the product purchased in respect of any claim.
You are required to print a Copy of Your invoice on which will appear your
rights of cancellation in accordance with the Consumer Protection (Contracts
Concluded by Distance Communication) Regulations 2000 which you agree to.
The liability section applies only to the extent permitted by law and does not
affect your statutory rights.
USE OF THE SITE CONTENT
The copyright, design rights and artwork on the web site belong to Cocoa Delight.
All other intellectual property rights are reserved. This web site is for
personal and non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, licence, create derivative
works from, transfer or sell any information obtained from this web site. You
may only download to your personal computer for viewing purposes and print out
a number of pages of this web site for your personal use.
Unfortunately, because of the nature of selling via the Internet and product
variability, we cannot guarantee that the product colours will be of an exact
likeness as seen or as described. Although we strive to portray images in a
realistic light, sometimes we are governed by what imagery is available.
Product imagery is sometimes displayed in an aesthetic manner (mood shots may
be used) and may not necessarily be in conformance with the approved use of
such products.
The colours and dimensions of the products portrayed on the site are merely
there as a guide. We strive to portray the products as as we can to the actual
colour ways, but we have no control over your personal computer and its
settings. Some products incorporate natural materials (e.g. wood, leather,
etc.) which may also vary slightly. Therefore colours of products may vary
slightly 'in the flesh' from the colour that is portrayed on the website.
Terms and Conditions of Booking
1. |
This booking is subject to these Terms and Conditions of Hire. By signing the Agreement, you are entering into a contract with Ilario Guiducci (trading as Cocoa Delight), acting as an Employment Agent for the reservation of the Service, named in the Agreement, and are agreeing to be bound by these Terms and Conditions. The Agreement also forms a contract between you and the Service, subject to the Terms & Conditions stated here. |
2. |
The fee, and all the relevant details for the event are stated overleaf. These were the details given at the time of the booking. Please inform us urgently if there are any errors. |
3. |
A booking is only confirmed by Cocoa Delight once we are in receipt of the returned Agreement, signed by the Client, together with the reservation fee. Until such time as this condition has been met, the booking will be treated as an enquiry only and Cocoa Delight reserves the right to accept an alternative booking for the Service without notification. |
4. |
The Service on this Hire Agreement will be holding this date exclusively for you from the agreement date (xxxxxx) and therefore they will continue to turn away all other work for this event which is booked for (xxxxxxxx)The potential loss of work to the Service is real and tangible, and so cancellation fees will be charged. |
5. |
The terms of this Agreement do not allow for cancellation other than by mutual consent of all parties and confirmed in writing. Cocoa Delight will charge the following fees should a cancellation occur: |
| a. Within 15 days of the event The full agreed fee. b. Within 30 days of the event. 50% of the full agreed fee. |
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The reservation fee will not be returned under any circumstances. Cancellations are not accepted by e-mail or telephone, only in writing. Once we have received your notice of cancellation, we will confirm this to you via return letter. If you do not receive this letter within 48 hours, do not assume that your event has been cancelled. |
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6. |
The balance of the total fee (less any reservation fee and other payments made) can be made by sending a cheque to Cocoa Delight14 days prior to the event date payable to the Service or can also be made in CASH to the Service on the day of performance before any entertainment is due to begin. |
7. |
It is The Clients' legal responsibility to comply with and ensure that current Health & Safety regulations are in place and any place of performance is fit for the use intended. A safe electrical supply must be provided. All outside situations (Marquees/Outbuildings) must be dry, undercover and made safe for electrical use and insulated from the ground. A separate sheet regarding our electrical requirements for Marquees will be made available at the time of booking. |
8. |
A minimum clear floor space is required of 1 metre x 1 metre with a head height of 3 metres. A minimum of 1 x 13 amp power sockets must be available within 5 metres of the set up area. If other additional entertainment is booked, adequate floor space must be available for all the performers and changing facilities provided if required. |
9. |
A minimum of 1hr is required for rigging and a further hour to dismantle and load the equipment into our vehicle. This must be taken into account when planning any arrangements. |
10. |
In the unlikely event of the Service being unable to perform due to unforseen circumstances such as illness or any other emergency, Cocoa Delight will endeavour to arrange for a suitable act with similiar equipment and experience to cover the performance for the same price. |
11. |
The Client realises that whilst we have excellent machine backup in place, and every reasonable safeguard is assured, the breakdown of any electrical equipment can be an unavoidable occurence and is often outside of our control. We will however make every reasonable effort to rectify the situation. In the extremely unlikely occurence of a non-performance, or if a total failure occurs, The Client will be refunded in full. In this situation, this will be the full extent of our liability. |
12. |
The Client is responsible for the conduct of all persons attending the event whether those persons are invited or not. We do not take any responsibility for controlling rowdy behaviour, or ejecting unwanted persons from the venue. Cocoa Delight and it's operators have the right to perform in a safe environment. We reserve the right to terminate the performance should any physical/verbal abuse, or intimidating actions be made to the operator, Venue, Staff or any of those persons present at the event. Under these circumstances no refund will be given. Cocoa Delight and is operators also reserve the right to terminate the performance should our equipments' safety be compromised in any way. |
13. |
No other persons or performers may use any of the equipment provided other than by prior consent of the Service. |
14. |
If performance time is requested in excess of that agreed overleaf this will be at the discretion of the Service and subject to additional fees charged at £30.00 before midnight and £60.00 per hour after midnight with 1hr being the minimum. Any additional fees must be paid to the Service in cash in advance of the extra services being performed. All requests for additional running time must be cleared with the Venue management team beforehand. |
15. |
Any delayed set up time and subsequent delayed start time due to the overrun of any prior proceeding, or of situations outside of our control will not warrant any extension of the stated finishing time or any fee reduction. Such situations may include, but are not limited to, poor access, room clearing and dancefloor preparation. |
TERMS AND CONDITIONS - With Operator
1) the client will note that the chocolate fondue rental agreement is only for the day stated on the rental contract.
2 ) the client will note that when renting a machine the chocolate fondue will supply where necessary a box of tools , utensils , lighting equipment , extension lead , cable run and extra chocolate if required.
3) the client will note that the fondue must be placed on a sturdy level table at least 6’ x 6’ if the machine is not on a flat surface, it will not work properly.
4) the client will note that once the fondue has had the temperature set, it is imperative that the electrics are not tampered with unless under the instruction of a qualified staff member of the chocolate fondue.
5) the client will note that the chocolate fondue reserves the right to publicise our product with leaflets and business cards.
6) the client will note that our operator has the right, during the duration of the function, to turn off the machine if there is a misuse of it
7) the client will note that our operator will not tolerate any kind of abusive or threatening behaviour and has the right to leave the premises with the equipment should there be a violent or alcohol – fuelled problem from members of the public in the area adjacent to the chocolate fondue machine.
8) the client will note that the chocolate fondue has the right to cancel / waiver any rental agreement if the conditions herein are not adhered to.
