Terms and Conditions of Sale or Rental

1. CONSTRUCTION OF CONTRACT

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1.1. These conditions shall apply to all contracts entered into by XMas Decorators by Confetti Party (hereinafter referred to as "the Company") for the supply of goods and/or services by the Company. The Company contracts upon the terms of these conditions only. Any printed or other standard terms emanating from the Client shall not apply unless expressly agreed in writing by the Company.

In order for the contract to constitute the complete agreement between the parties, the Client must ensure that any representation or instruction on which it wishes to rely has been accepted by the Company in writing.

1.2. In these conditions, the term “the Client” shall mean the person, firm, or company whose name and address appear on the order form, or who has verbally accepted a proposal, and with whom the Company has contracted for the supply of goods and/or services.

 

 

2. ACCEPTANCE OF ORDERS

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2.1. An order signed by the Client or verbally accepted by the Company shall constitute an irrevocable offer by the Client to purchase or rent the goods and/or services specified therein. The Company may accept such an offer within ten (10) days of receipt but shall be under no obligation to do so. If not accepted within this period, the Client’s offer shall lapse unless otherwise agreed in writing.

2.2. The Company shall not be bound until the Client’s order has been formally accepted, such acceptance being signified either by the Company issuing an Order Acknowledgement, by the Company issuing an invoice and the Client making full payment or the agreed deposit payment, or by the Company providing a written acceptance. Only upon such confirmation shall the order be deemed binding.

2.3. Any representation made by the Company’s agents, representatives, or employees shall be binding only to the extent confirmed in an official Order Acknowledgement.

2.4. Once accepted, the Client may not cancel the order.

2.5. For Rental Contracts, the order shall subsist for the full duration as stated on the Booking Form. Cancellation shall result in the Client remaining liable for all yearly payments originally agreed.

 

 

3. PRICE VALUATION

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3.1. Prices are quoted in accordance with the Company’s prevailing price structure and may vary from time to time in reflection of underlying costs. Once accepted, prices for a specific order shall remain fixed.

 

 

4. TAXATION

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4.1. Unless expressly stated otherwise, all proposals and quotations are not subject to VAT. Any other statutory charges in force at the time of invoicing may still apply where relevant.

 

 

5. INSTALLATION

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5.1. The Company’s obligations under the contract shall commence only upon receipt of all necessary information and documentation to enable installation without interruption.

5.2. Any installation date specified shall be deemed an estimate only. Time for installation shall not be of the essence. The Company shall not be liable for any loss or damage arising from failure to install by a particular date, whether due to negligence or otherwise.

5.3. Installation times shall be extended for any period during which performance is delayed by events beyond the Company’s control, including but not limited to weather, fire, flood, explosion, strikes, riot, war, technical difficulty, plant breakdown, or compliance with any order of a competent authority. The Client shall remain liable to pay for such goods and services as are delivered and ready for installation.

5.4. Upon installation on the Client’s premises, the insurable interest in the goods shall rest with the Company.

5.5. If the goods are shown to be defective due to faulty materials or workmanship, the Company shall, at its option, repair or replace the goods (or the defective part thereof). No liability shall attach where defects arise from misuse, neglect, or failure to follow care instructions.

5.6. The Company is responsible for supplying the goods as described in the proposal. Where this cannot be achieved, the Client shall be notified at the earliest possible opportunity. 

5.7. The Client shall sign a Completion Form confirming satisfactory installation.

5.8. While the Company will seek to minimise disruption to the Client’s property, the Client acknowledges that fixings (including screws, nails, and fasteners) may be required.

 

 

6. TAKE DOWN

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6.1. The Company’s obligations in respect of take down and storage shall commence only upon receipt of all necessary information and documentation to enable such work to proceed without interruption.

6.2. Any take down date specified shall be deemed an estimate only. Time for take down shall not be of the essence, and the Company shall have no liability for delay.

6.3. Take down times shall be extended for any delay beyond the Company’s control, including the same events listed under clause 5.3. The Client shall remain liable to pay for services provided and goods prepared for take down.

6.4. Upon removal of goods from the Client’s premises, the insurable interest in the goods shall revert to the Company.

6.5. The Client shall sign a Completion Form upon completion of take down.

 

 

7. PROPERTY AND RISK

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7.1. In Purchase Contracts, risk (but not title) passes to the Client upon installation. In Rental Contracts, risk shall remain with the Company.

7.2. Goods for which title has not passed must be insured by the Client for no less than their invoice value, with any proceeds held in trust for the Company.

7.3. Title to goods shall remain with the Company until payment in full of all sums owed by the Client has been made. Until then, the Client shall hold such goods as bailee, store them separately, and clearly identify them as Company property. The Company may repossess goods in the event of insolvency, bankruptcy, or winding-up proceedings.

7.4. The Company may sue for the price of goods notwithstanding that property has not yet passed.

7.5. The Company shall have the right to repossess goods at any time and the Client hereby grants the Company and its agents licence to enter premises where goods are held for such purposes.

7.6. The Company may require goods to be stored separately or clearly marked to indicate Company ownership.

 

 

8. PAYMENT

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8.1. Where an order is placed more than fourteen (14) days before installation, a 20% deposit shall be paid within forty-eight (48) hours of acceptance, with the balance due fourteen (14) days before installation. Where an order is placed less than fourteen (14) days before installation, the full contract price shall be payable immediately. If the Company has expressly agreed to accept cash, the deposit is still required within forty-eight (48) hours, and the remaining balance may be paid in full upon installation. In exceptional cases, the Company may allow payment within thirty (30) days of the invoice or installation date, whichever is earlier. Payments shall be made directly to the Company, and only an official receipt shall discharge the debt. No payment may be withheld or set off, and interest will accrue on overdue sums at 4% per annum above the NatWest base rate.

8.2. Settlement discounts are not permitted unless expressly agreed in writing.

8.3. Accepted payment methods include Cash, Bank Transfer, or Credit Card.

 

 

9. THE COMPANY’S LIABILITY

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9.1. The Company’s liability under the contract shall be limited to the contract price of the goods and/or services in question. Under no circumstances shall the Company be liable for consequential loss, loss of profit, loss of anticipated savings, or claims made against the Client by third parties.

The Company may cancel the contract without liability if, in its sole discretion, a credit reference obtained for the Client is deemed unsatisfactory. In such cases, the Company shall remain entitled to payment for all goods and services supplied up to the date of cancellation.

Save as expressly provided herein, all warranties or conditions relating to quality, fitness for purpose, or compliance with description (whether statutory or otherwise) are excluded to the fullest extent permitted by law. Nothing in these terms shall limit or exclude liability for death or personal injury caused by the Company’s negligence.

 

 

10. CANCELLATIONS

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10.1. The Company may terminate the contract forthwith if the Client is in breach of these terms and conditions.
10.2. If the Client is a company and is subject to winding-up, administration, or liquidation proceedings, or proposes an arrangement with creditors.
10.3. If the Client is an individual who becomes bankrupt, subject to a statutory demand, or unable to pay debts.

10.4. In such cases, the Company shall be entitled to recover all costs, expenses, overheads, and loss of profit incurred, which shall become immediately payable as a debt.

10.5. Any goods or services supplied and belonging to the Company must be returned immediately. The Company shall have the right to enter the Client’s premises to recover them under clause 7.5.10.6. For Rental Contracts, the Client remains liable for the full contractual duration as per the Booking Form. Cancellation of subsequent years may be accepted only if the Client notifies the Company in writing at installation or within 48 hours, citing dissatisfaction with goods or services.

 

 

11. OTHER

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11.1. Any provision held to be invalid or unenforceable shall be deemed severable and shall not affect the validity of the remaining provisions.

 

 

12. LAW & JURISDICTION

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12.1. This contract shall be governed by and construed in accordance with the laws of England.
12.2. The parties agree to submit to the non-exclusive jurisdiction of the English Courts. Where the Client is based outside England and Wales, the Company may, at its discretion, bring proceedings in the courts of the Client’s local jurisdiction.