Terms and Conditions of hire.
1. Application
These Terms and Conditions will apply to the purchase of the Service, by you (the Customer or you) from Nurtured by Hand and the email address info@nurturedbyhand.co.uk (the Supplier or us or we).
These are the terms on which we sell the Service to you. By ordering the Service, you agree to be bound by these Terms and Conditions.
2. Definitions and Interpretation
In these Conditions the following definitions apply:
Booking
Confirmation
means the email which the Supplier sends to the Customer confirming the Booking.
Business Day
means a day other than a Saturday, Sunday or bank or public holiday when banks generally are open for non-automated business in England.
Collection Address
means the address the Hire Kit will be collected.
Collection Company
means the company who will collect the Hire Kit.
Companies
means the companies including but not limited to: TTS, Sensory Toy Warehouse,
Conditions
means the Supplier’s terms and conditions of sale set out in this document.
Confidential Information
means all information of confidential nature disclosed in whatever form by the Customer to the Supplier.
Contract
means the agreement between the Supplier and the Customer for the sale and purchase of the Service incorporating these Conditions.
Customer
means the person who purchases the Service from the Supplier and whose details are set out in these Conditions.
Delivery Address
means the address the Order will be delivered to.
Delivery Company
means the company who will deliver the Order to the Customer.
Delivery Date
means the date the Order will be delivered.
Experience
means the content of the Order supplied for the length of time between the Delivery Date and Return Date that the Customer can use the Hire Kit.
Force Majeure
means an event or sequence of events beyond a party’s reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster; epidemic or pandemic; war, riot or civil unrest; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; or material required for performance of the Contract; strike, lockout or boycott or other industrial action including strikes or other industrial disputes involving the Supplier’s or its suppliers’ workforce, but excluding the Customer’s inability to pay or circumstances resulting in the Customer’s inability to pay.
Guidelines
means the health and safety and user instructions included within the Hire Kit.
Hire Kit
means the items in the Order which must be returned to the Supplier after the Experience.
Intellectual Property Rights
means copyright, patents, know-how, trade secrets, trademarks, trade names, design rights, rights in get-up, rights in goodwill, rights in confidential information, rights to sue for passing off, domain names and all similar rights.
Order
means the Customer’s order
Party Goods
means the party goods which the Customer can purchase and keep as part of the Services
Payment Date
means the date when payment is due in full (6 weeks before the Delivery Date)
Personal Information
means any information relating to a living individual who can be identified, directly or indirectly, in particular by reference to:
(a) an identifier such as a name, an identification number, location data or an online identifier, or
(b) one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.
Price
means the total amount payable
Return Address
means collected from your fixed abode.
Return Date
means the date the Hire Kit must be returned to the Supplier
Services
means the services agreed between the Supplier and the Customer which may consist of the supply of Hire Kit and / or Party Goods as part of the Order.
Supplier
means the person who sells the Service to the Customer and whose details are set out in these Conditions.
Supplier’s Standard
means that the Hire Kit should be returned to the Supplier:
• in good condition;
• within the weight allowance;
• with a completed returns delivery checklist;
Website
means the Supplier’s website: www.nurturedbyhand.co.uk
3. Booking
3.1 The Customer must pay 100% of the order upon booking.
3.2 Payment of the Booking Fee:
3.2.1 is the Customer’s acceptance of these Conditions; and
3.2.2 guarantees Delivery.
4. Service
4.1 The Service will be provided in accordance with the Order.
4.2 The option to upgrade the Order is available subject to an additional fee.
4.3 Should the Customer wish to downgrade the Order, the difference in the Price is non-refundable.
5. Payment
5.1 If Customer pays Deposit, the balance of the Price is to be paid no later than the Payment Date.
5.2 Card Payment and PayPal Payment is acceptable.
5.3 The Order will not be delivered until all payments have been received in full.
5.4 Where payment is to be made by a third party, the Customer acknowledges that they shall remain responsible for any balance outstanding in respect of the Contract.
5.5 Failure to make payment by the Payment Date may result in cancellation.
6. Delivery
6.1 The Order will be delivered in accordance with Order.
6.2 Delivery will be deemed to have been successful if the Customer fails to notify the Supplier of no delivery within 1 Business Day.
6.3 In the event that the Customer fails to be available for return collection, they will be charged a £40 per day fee.
7. Party Goods
7.1 The risk arising from damage to, or loss of, the Party Goods will pass to you when the Party Goods are delivered.
7.2 Title to the Party Goods shall pass to the Customer once the Supplier has received payment in full and in cleared funds for all Party Goods under all Orders.
7.3 The Supplier warrants that the Party Goods shall:
7.3.1 conform in all material respects to the Order; and
7.3.2 be of a satisfactory quality.
7.4 The Customer may return any Party Goods that do not comply with the warranties specified in clause 7.3 above on the condition that the Customer must first send an e-mail to info@nurturedbyhand.co.uk with:
7.4.1 a copy of the Order;
7.4.2 the Customer’s contact telephone number;
7.4.3 the Customer’s reasons for returning the Party Goods.
7.5 The Customer should send Party Goods to be returned to the Return Address.
7.6 Returns are to be paid for by the Customer.
8. Hire Kit
8.1 Hire Kit is to be handled with care.
8.2 Hire Kit must meet the Supplier’s Standard when returned to the Supplier.
8.3 Should the Customer fail to comply with clause 8.2, the charges set out in Schedule 1 will apply. If the Customer fails to comply with clause 8.2 and fails to pay charges set out in Schedule 1 then the rights of the Customer may be assigned to a third party.
8.4 Hire Kit will be collected in accordance with Order.
9. Photographs
9.1 Nurtured by Hand are happy for photos to be shared for personal use only.
10. Cancellation
10.1 Where the Supplier or Customer must cancel the Contract, due to Force Majeure, the Customer will have the option to postpone the hire of any Hire Kit.
10.2 Should the Customer wish to cancel this Contract at any time, notice of cancellation must be given in writing to us and the cancellation fees are as follows:
10.2.1 Cancellation less than 48 hours prior to Dispatch - You will be liable to pay a cancellation charge of 50% of the total Hire Kit Price.
10.3 The Customer can reschedule Dispatch if they notify the Supplier at least 48 hours prior to Dispatch.
11. Liability
11.1 The Supplier does not exclude liability for:
11.1.1 any fraudulent act or omission;
11.1.2 The Supplier is not responsible for death or personal injury caused by during hire.
11.2 The Supplier will maintain Public Liability Insurance.
11.3 The Supplier is not responsible for the Customer’s failure to follow the Guidelines.
11.4 The Supplier is not liable for loss which was not reasonably foreseeable to both parties at the time the Contract was made.
12. Force Majeure
12.1 A party shall not be liable if delayed in or prevented from performing its obligations due to Force Majeure, provided that it:
12.1.1 promptly notifies the other party of the Force Majeure event and its expected duration; and
12.1.2 uses its best endeavours to minimise the effects of that event.
13. Confidentiality
13.1 The Supplier will:
13.1.1 keep the Confidential Information confidential at all times;
13.1.2 not disclose the Confidential Information or allow it to be disclosed in whole or in part to any third party without the Customer’s prior consent;
13.1.3 take proper and all reasonable measures to ensure the confidentiality of the Confidential Information; and
13.1.4 not use the Confidential Information in whole or in part for any purpose except for what is required to provide the Service.
14. Privacy
The Supplier agrees to respect the Customer’s privacy and comply with the General Data Protection Regulations with regards to Personal Information.
15. Intellectual Property
15.1 The Intellectual Property Rights in the Order are retained by the Companies.
15.2 The Companies do not sponsor, authorise or endorse the Website.
16. Termination
16.1 The Supplier may terminate the Contract or any other contract which it has with the Customer at any time by giving notice in writing to the Customer if:
16.1.1 the Customer commits a material breach of the Contract and such breach is not remediable;
16.1.2 the Customer commits a material breach of the Contract which is not remedied within 14 Business Days of receiving written notice of such breach;
16.1.3 any consent, licence or authorisation held by the Supplier is revoked or modified such that the Supplier is no longer able to comply with its obligations under the Contract or receive any benefit to which it is entitled.
17. Entire agreement
17.1 The parties agree that the Contract constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.
17.2 Each party acknowledges that it has not entered into the Contract or any documents entered into pursuant to it in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Contract. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Contract.
17.3 Nothing in these Conditions purports to limit or exclude any liability for fraud.
18. Variation
No variation of the Contract shall be valid or effective unless it is in writing, refers to the Contract and is duly signed by, or on behalf of, the Supplier.
19. Severance
If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Contract shall not be affected.
20. Conflicts within contract
If there is a conflict between the terms contained in these Conditions, the terms of these Conditions shall prevail.
21. Governing law
The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
22. Jurisdiction
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).
