Terms & Conditions
1. Terms & Conditions
These Terms govern the provision of goods (whether on a sale or hire basis) and/or supply of services by us to you in connection with the Event. Please read these Terms carefully before placing any order with us. By placing an order with us, you signify your agreement to be bound by these Terms.
2. About Us
- EVENT CITY LIMITED (company number 07059056), whose registered office is at Peel Dome, Intu Trafford Centre, TraffordCity, Manchester, M17 8PL (“us”). To contact us telephone our customer service team at 0161 870 9800 and select option 4 or e-mail email@example.com. Any formal notice or other communication between us must be in writing and sent by email. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
- These terms and conditions (“Terms”) apply to the order submitted by you for the provision of goods (whether on a sale or hire basis) and/or services by us to you at the event due to take place at EventCity (“Event”), in each case as identified in such order. They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract. These Terms and the Contract are made only in the English language. You should print a copy of these Terms or save them for future reference.
4. Placing an order and its acceptance
- Please follow the on screen prompts to place an order. You may only submit an order via the online portal, using the method set out on the online portal. Each order is an offer by you to acquire the goods (whether on a sale or hire basis) and/or services specified therein, subject to these Terms.
- You are responsible for ensuring that your order is complete and accurate. After you place your order, you will receive an email from us acknowledging that we have received it. Please note that this does not mean that your order has been accepted.
- Our acceptance of your order takes place when we send an email to accept your order (“Order Confirmation”), at which point and on which date the contract between you and us will come into existence (“Contract”). The Contract will relate only to the order as confirmed in the Order Confirmation (being the “Order” for the purposes of these Terms). If we are unable fulfil the Order or any part of the Order for any reason, we will inform you of this by email and we will not process your Order or such part of the Order as applicable. If you have already paid for the Order, we will refund you the full amount or a partial amount for the specific goods and/or services we are unable to supply.
5. Right of Cancellation
- Following the issue of an Order Confirmation you shall have no right to cancel any Order and/or Contract and all monies paid for your Order shall be non-refundable (save as set out in clause 4.2).
- We may cancel your Order or any part of your Order at any time and for any reason. In the event that we are unable to supply replacement good and/or services, any monies paid in respect of the cancelled Order (or part thereof) shall be refunded in respect of the specific goods and/or services (and/or, in each case, parts thereof) not provided.
6. Product and services information
- Any descriptions, illustrations and images on our online portal are published for the sole purpose of giving an approximate idea of the goods and/or services described. They will not form part of the Contract or have any contractual force. We will supply the Order to you in accordance with any specification for the goods and/or services appearing on our online portal at the date of your order in all material respects, save that we reserve the right to amend the specification of any of the goods and/or services within your Order if required by any applicable statutory or regulatory requirement.
7. Delivery, transfer of risk and title
- In the case of goods being purchased by you from us, delivery of any goods within your Order is complete once the goods have either been passed to you or collected at the Event, at such location and via such method as determined by us. The goods will be at your risk from that time. You shall own the goods on the later of the delivery of the goods to you or on our receipt of payment in full.
- In the case of goods being hired by you from us, the goods will be at your risk from the time that such goods have either been passed to you or collected at the Event, at such location and via such method as determined by us, until the same as returned to us. We shall own the goods at all times (and you shall have no right, title and/or interest to such goods, save for the right to possess and safely use such goods, without alteration, for their proper purpose, by appropriately skilled/qualified personnel and in accordance with applicable laws (including health and safety laws, licences, permissions and consents) for the period for which you are hiring them) and you shall return the goods to us at the Event (in the same condition in which such goods were provided to you, fair wear and tear excepted), at such location and via such method as determined by us, at the end of the period set out in the order form in respect of which you are hiring such goods.
8. Your Obligations
It is your responsibility to ensure that:
- It is your responsibility to ensure that:
- you co-operate with us in all matters relating to the Order, including providing us, our employees, agents, consultants and subcontractors, with such access to any area as we may reasonably require to fulfil the Order;
- you provide us with such information and materials we may reasonably require in order to supply the Order, and ensure that such information is complete and accurate in all material respects;
- you comply with all applicable laws, including health and safety laws, licenses, permissions and consents; and
- in the case of hired goods: (i) such goods do not leave the Event premises at any time; (ii) our staff can inspect the same whenever reasonably required; and (iii) you immediately inform us of any loss, damage and/or accident to and/or otherwise in connection with such hired goods.
If our ability to perform the Order is prevented or delayed by any failure by you to fulfil any obligation listed in clause 7.1 (“Your Default”):
- we will be entitled to suspend performance of the Order until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Order, in each case to the extent Your Default prevents or delays performance of the Order. In certain circumstances Your Default may entitle us to terminate the Contract under clause 15 (Termination);
- we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Order; and
- it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
9. Pricing, charges and payment
- In consideration of us providing the Order you must pay our charges (“Charges”) in accordance with this clause 8. The Charges are the prices quoted on our online portal (including for all elements of your Order, including any ancillary charges) at the time you submit your Order and are all exclusive of VAT.
- If you wish to change the scope of the Order after we accept your order, and we agree to such change, we will modify the Charges accordingly.
- Payment of the Charges is in advance. We will take your payment upon acceptance of your order and in accordance with the details set out in the online portal. If you fail to make a payment under the Contract by the due date we reserve the right to cancel your Order pursuant to clause 15 (Termination).
- If any problem arises or you are dissatisfied with the Order please contact firstname.lastname@example.org or 0161 870 9800 and select option 4.
11. Intellectual property rights
- All intellectual property rights in or arising out of or in connection with the Order (other than intellectual property rights in any materials provided by you) will be owned by us. You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Order to you.
12. Delivery, transfer of risk and title
We will use any personal information you provide to us to:
- provide the Order;
- process your payment for the Order; and
- inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
In this regard you will ensure that you have all necessary and appropriate consents and notices in place with the relevant individuals to enable you to provide such personal information to us.
- Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Order and/or Contract. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
- Any goods and/or services supplied within the Order are intended for use by your business only, and you agree not to use any such goods for any resale purposes.
- We warrant to you that any services within the Order will be provided using reasonable care and skill.
We provide a warranty that on delivery (on a sale basis) or provision (on a hire basis), any goods within the Order shall:
- subject to clause 5, conform in all material respects with their description;
- be free from material defects in design, material and workmanship; and
- be fit for any purpose held out by us.
- Subject to clause 12.6, if you: (i) give us notice in writing within a reasonable time of discovery that any goods do not comply with the warranty set out in clause 12.4 and/or that any services do not comply with the warranty set out in clause 12.3; (ii) we are given a reasonable opportunity of examining the goods and/or reviewing the services; and (iii) you return any goods to us (at your own cost) and/or cease use of the services, then we will, at our option, repair or replace the defective goods and/or correct errors in or re-perform the services, or refund the Charges for the respective goods and/or services as applicable.
We will not be liable for breach of the warranties set out in clauses 12.3 and/or 12.4 if:
- you make any further use of the goods and/or services after giving notice to us under clause 12.5;
- any defect arises as a result of us following any specification and/or requirements supplied by you;
- you alter or repair the goods and/or services without our written consent and/or use the goods and/services other than for their intended purpose and without reasonable skill and care;
- any defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions as applicable to the relevant goods and/or services; or
- any goods and/or services differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
- These Terms also apply to any repaired or replacement goods supplied by us to you and/or any replacement services supplied by us to you.
14. Our Liability
Nothing in the Contract limits or excludes our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation; or
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
Subject to clause 13.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for any:
- loss of profits;
- loss of sales, business or revenue;
- loss of opportunity
- loss of agreements of contracts;
- loss of use or corruption of software, data or information;
- loss of or damage to goodwill; and/or
- indirect or consequential loss.
- Subject to clause 13.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 100% of the total Charges paid for the specific goods and/or services in respect of which any liability arises.
- Nothing in these Terms limits or affects the exclusions and limitations set out in our (http://www.eventcity.co.uk/terms-conditions/)
- We each undertake that we will not at any time, disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 14.2.
Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract. We each may disclose the other's confidential information:
- to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 14; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
Without limiting any of our other rights, we may suspend the performance of the Order and/or terminate the Contract with immediate effect by giving written notice to you if:
- you commit a material breach of any term of the Contract; and/or
- you fail to pay any amount due under the Contract on the due date for payment.
- Termination of the Contract will not affect any rights and remedies that have accrued as at termination. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will continue and/or remain in full force and effect (including clauses 13 and 14).
17. Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract we will contact you as soon as reasonably possible to notify you. No refund shall be due where any Event Outside Our Control takes place.
18. Delivery, transfer of risk and title
- We shall be entitled to assign, transfer, sub-contract, delegate or in any other manner make over to any third party the benefit and/or burden of the Contract. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
- Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
- The failure to exercise or delay in exercising a right or remedy provided by the Contract or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No waiver shall be effective unless specifically made in writing and signed by a duly authorised officer of the party granting such waiver.
- If any provision of the Contract shall be held to be illegal or unenforceable, in whole or part, the remainder of the Contract will remain in full force and effect.
- The Contract is between you and us. No other person has any rights to enforce any of its terms.
- The Contract shall be governed by and interpreted in accordance with the laws of England and Wales, and we both submit to the exclusive jurisdiction of the Courts of England and Wales.