T's &C's
Terms and conditions
Introduction
As the operators of the website www.marykasmagicmoments.co.uk, we have created a website that is intended to be as clear and as straight forward as possible. With these terms and conditions which we outline below, we hope to avoid any misunderstandings on the part of “You” our client or “Us” Maryka’s Magic Moments Limited” as well as of course informing you of your statutory rights.
We ask that you take the time to read through the terms and conditions and familiarise yourself with these terms before making any arrangements with us, as you will be bound by those terms in dealings with us unless they breach the law in which case they will be deemed invalid.
By using this website, you agree to be bound by these terms and agreements.
If you need to make contact with us then please use our details below;
Maryka’s Magic Moments Ltd
20-22 Wenlock Road
London
N1 7GU
Contact Number
02034481385
2.Definitions
2.1 “We/Us/Our” will mean us at Maryka’s Magic Moments Ltd.
2.2 “You” Will mean the buyer of any services supplied by us at Maryka’s Magic Moments Ltd whether online, over the phone, or in person by any representative able to act on our behalf.
2.3 “Goods” will mean anything which is supplied by us to you. This includes any billed consultation times as well as items designed and created by us for use at any event you ask us to arrange for you.
2.4 “Price” will mean the total cost of the Goods which are agreed by us, the seller, and you, the customers.
2.5 “Website” will mean www.marykasmagicmoments.co.uk and any other domain/URL that we may use/create for our business.
3. Payment structures
3.1 As each party that we plan will be bespoke we will make clear all costings in the form of an invoice which will be sent to you, this will be inclusive of VAT.
3.2 To ensure security for us and you, the payment structure is made up of two (2) stages, 50% of the total payment is requested and payable when you confirm your party booking and is needed to secure your date. The remaining 50% is payable a week before the event.
3.3 Only once a minimum of 50% of the total price has been received are we contracted to proceed with your party booking.
3.4 Payments should be made by bank transfer.
3.5 If for any reason we are unable to attend to facilitate your party booking we will refund all monies paid by you although this does not affect your statutory rights in law.
3.6 Once you have confirmed your party booking and agreed prices by way of the 50% payment you have entered into a binding contract with us.
3.7 It is also possible that you may find yourself in a situation where you also need to cancel your event with us. Where possible, all party cancelations must be made at least 14 before the commencement of your party, any cancelations made after this time will mean you forfeit any monies paid.
3.8 If however you are forced to cancel your event, we have a rolling amount of refund we will give you anyway. We, of course, will deduct the cost of any special items we have had to purchase for your event as well as 2% of the value of those items as a handling charge. These items and our handling charge may be subject to VAT as well. Cancellations are on a graduated scale depending on the length of notice you give as set out in paragraph 3.9 below.
3.9 Thereafter we will refund to you the entire balance if cancellation is made no less than 5 weeks or more before the event. If the cancellation is made no less than 4 weeks before the event we will refund 75% of the balance, and thereafter the amount of refund is reduced to 50% at no less than 3 weeks before, This is further reduced to 25% at no less than week 2 before, namely 14days and thereafter there is no refund and you choose to cancel your party any less than 14 days you will forfeit all monies paid towards your event.
4. Disclaimer
4.1 While we shall endeavour to make sure that all of the information that you find on this website is correct, we may decide to make changes to the site at any time and will need to give no notice in order to do so. The terms set out in the agreement with us and pertaining at the time we enter into the agreement are the entire terms of the agreement between ourselves. It will be the same terms as are displayed on our site at the date of the agreement.
5. Photography & Video
5.1 By entering into this contract you are happy for us to take photos and/or videos at your events and to use these items for our marketing purposes. We will do our best to ensure that the names of children or any distinguishing features which enable a stranger to identify your child are not visible on any material we uploaded which may cause concern.
6. Limitation of Liability
6.1 We shall be under no liability whatsoever to you or any third party for any indirect loss and/or expense (including loss of profit or goodwill) suffered by you or any third party arising out of a breach by us of these terms and conditions. This means that our liability to you for any cancellation is limited to the monies paid to ourselves and no more.
6.2 We shall accept no liability whatsoever for any loss (including loss of profit or goodwill) arising from your use of our Website or from your inability to use (or the results of use) of this Website including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any Websites linked to this Website.
6.3 In the event of any breach of this contract by us, the Seller, your remedies shall be limited to damages and our liability (if any) whether in contract, tort or otherwise in respect of any defect in the Goods, or for any breach of these terms and conditions, or of any duty owed to you in connection with them shall be limited to the amount of the Price.
6.4 For the avoidance of doubt, nothing in these terms and conditions shall exclude or restrict our liability to any person for death or personal injury to that person resulting from our negligence.
6.5 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
6.6 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your details.
7. General
7.1 You may not assign, sub-license or otherwise transfer any of your rights under your agreement with us.
7.2 If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and shall continue to have full force and effect.
7.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
7.4 These terms and conditions and any contract to which they apply shall be governed by the laws of England and Wales and are subject to the jurisdiction of the courts of England and Wales.
7.5 You shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to you by us.
7.6 We reserve the right to review these terms and conditions at any time.
7.7 Neither party shall be liable for any situations arising due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm, pandemic, epidemic or other events beyond the reasonable control of either party
E&OE.