Modern Heritage Styling Ltd. Company number 11904984 whose registered office address is Mulberry Barn, Cold Harbour Farm, Newark Road, Norton Disney, Lincoln, LN6 9JR.
The customer who receives Services and/or hires the Equipment from us (and where there is more than one person, they shall be jointly and severally liable).
These are the Terms & Conditions subject to which we allow you to hire our Equipment and provide our Services.
In this agreement:
“Charge(s)” Means the fee to hire the Equipment and for our other services and includes all costs related in any way to this agreement.
“Deposit” Means a sum of money paid by you to us at the commencement of this agreement to secure the Styling Services and the Equipment for a specific date for your Event and to allow the Stylist to commence work.
“Event” Means the event, wedding, party or function at which Styling Services will be provided.
“Equipment” Means any items we provide to dress and style your Event in accordance with the Quotation and our Styling Services.
“Hire Period” Means the period of time in which you are entitled to possession of the Equipment. This will usually be for 24 hours for the Event as identified in the Quotation, unless agreed otherwise in writing.
“Quotation” Means a price offer by us, based on your instructions, which you have accepted. It sets out the Charges.
“Services” Means the hire of Equipment and any Styling Services we provide to you under this agreement.
“Styling Services” Means our styling advice, and attendance to prepare, style your Event, subsequently remove any Equipment we provide, which is provided by us following consultation and by agreement, and is based on your requested theme, style or specifications.
“Site” Means the place where the Equipment is to be used by you and the location of the Event.
“Terms” Means these Terms and Conditions. Nothing in this Contract shall exclude or limit any statutory rights of the Consumer. If any details on your quotation or invoices are incorrect then please inform Modern Heritage Styling Ltd.
This is a hire agreement. We own the Equipment and hire it to you for the Hire Period, for a Charge. You may not deal with the Equipment in any way which is contrary to our ownership of it. If you do, you will be in breach of this agreement and will also be committing a criminal offence.
The Hire Period is for 24 hours. The Hire Period can be extended thereafter by agreement in writing.
The Quotation is an invitation to hire. Neither of us is bound to a legal agreement until you accept and confirm this agreement.
The Styling Services are provided under a contract for services. Unless set out in the Quotation, any additional Styling Services are charged at £75.00 per hour.
The Terms and the Quotation together contain the entire agreement between us and supersede all previous agreements and understandings between us. By signing, or instructing us to progress with the Services, you accept the terms set out in the Quotation and the Terms.
Risk in the Equipment passes immediately to you when the Equipment leaves our possession and is delivered to Site. That means you are responsible for taking care of it. You remain responsible until the Equipment is safely back in our possession. The Equipment we provide for the Hire Period is at your risk, and you are required to insure it for the Hire Period. Equipment must not be removed from the main public areas of the venue.
We deliver the Equipment to Site and the charges for delivery are included in our Charge.
All Charges are specified in the Quotation.
All the payments of the Charges are made on invoice and in accordance with Clause 13 below or otherwise as specified in the Quotation.
The Deposit specified in the Quotation shall be paid by you to us on entering this agreement. The Deposit is non-refundable unless you cancel the agreement in accordance with Clause 5. The Deposit reserves the event date and individual items specified for that date as itemised in the quotation. The Deposit also covers administrative costs and time spent with the client in the initial stages of taking a booking. No booking is confirmed until the full non refundable, non transferable deposit is received. Quotations are valid for 14 days. After this time the prices may fluctuate and we will need to requote.
Payment of the balance of all Charges is due 4 weeks before the Hire Period.
Under consumer law, you have a right to cancel this hire agreement. You may exercise the cancellation right under following conditions:
This agreement comes into existence on the day you accept the Terms.
As required by the Regulations, details of our after-hiring service and guarantees, if any, are given along with these Terms.
You may cancel this agreement within 14 days of entering into it. That means we will not be able to hand over the possession of the Equipment for 14 days. In the event of cancellation within this 14-day period, the Deposit that you have paid will be returned to you.
In the event of cancellation beyond the 14-day period set out in Clause 5.3, Clause 6 will apply.
The Services can be cancelled by either party in writing or by email subject to the matters set out in this clause.
If the Stylist cancels the Services, any Charges paid will be repaid to the Client within 14 days of cancellation, and no further refunds, sum or compensation will be payable to the Client by the Stylist arising from such cancellation.
If the Client seeks to cancel the Services more than 12 weeks before the Event, then the Deposit shall be forfeited. No further sums will be due from the Client to the Stylist.
If the Client seeks to cancel the Services less than 12 weeks before the Event, then the Deposit will be forfeited. Any expenses incurred as at the date of cancellation must also be paid by the Client, and those paid shall also be non-refundable. In addition, a cancellation fee will be immediately due, which shall be 100% of the Charges, less any Deposit paid. Any unpaid cancellation charges after 30 days of invoice will be passed to a collections agency who will act on behalf of Modern Heritage Styling Ltd. Further charges will be added to your account.
We shall use all reasonable endeavours to ensure that:
the Equipment complies with its description on the Quotation; and
is of satisfactory quality and/or fit for purpose.
We reserve the right to substitute items of higher or same value should your chosen items be damaged, lost or stolen at previous events after your initial booking has been made. You will be consulted about the changes where appropriate. It is not always possible to replace items with an exact replica therefore a suitable substitution will be made and colours will adhere to the agreed palate. We will dress the venue with items you have selected and reserved for the event and cannot be held responsible if the overall look is not what the client had envisaged.
Immediately upon taking possession of any Equipment, you should examine it and satisfy yourself that it complies with the Quotation and has arrived in safe, clean and usable condition.
If you find any defect in the quality or quantity of the Equipment, or a failure to comply with the Quotation, you must immediately inform us of that defect.
If you claim that the Equipment was defective, you must return it to us in the exact same condition as you received it.
In returning defective Equipment, please state the fault and when it arose.
You must inform us immediately of any problem or defect with the Equipment.
We will, as soon as practicable, repair or replace Equipment showing a defect.
If we repair or replace Equipment, you have no additional claim against us in respect of the defect or problem.
If you have been negligent in your care or use of the Equipment, you will pay us for appropriate replacement Equipment of the same quality without deduction for depreciation or use.
You agree that you will:
not permit any other person to use the Equipment outside the scope of the Services and/or the Event without our written consent.
not take the Equipment away from the Site without our consent.
use the Equipment with care, and to keep the Equipment safe ensuring the chair covers and any other goods hired are not tampered with once the room is dressed. We will photograph the set up as proof of how the room was left. The Client should recognize that not all chair sash styles are secured to the chairs and once we have left the premises we accept no responsibility for sashes which become a hazard.
return the Equipment to us in the condition in which we delivered it to you.
not attempt to repair the Equipment without our consent.
The lead contact must ensure that all hired items are fully covered by their own insurance or the venue insurance with regard to public liability risks and indemnity.
Inform Modern Heritage Styling Ltd of any policies their chosen venue may have in place such as their policy on open flames and access times for dressing. We must be informed of any changes that are put in place following the booking such as but not limited to a change of chair style, table sizes and table style as this may affect Modern Heritage Styling Ltd’s ability to fulfil the contract.
Inform Modern Heritage Styling Ltd of the final total number of styling items required 30 days prior to the event. No refunds will be given should numbers decrease during the final 30 days prior to the event. We recognize that in certain circumstances the number of items hired can increase at the last minute. We will allow for slight adjustments to your original estimate subject to availability, however, we cannot guarantee that sudden increases in numbers can always be accommodated.
You must inform us immediately if the Equipment is stolen or damaged by a third party.
You undertake to report the theft to us and to the Police, and after that to co-operate with us and with the Police so far as your help may be required.
Conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.
We are not liable to any person in any circumstances if at any time:
the Equipment has been damaged in any way whatever;
the Equipment has been repaired or serviced by someone not authorised by us to provide that service.
We shall not be liable to you for any loss or expense which is:
indirect or consequential loss; or
economic loss or other turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
Our fabrics are washed in biological detergents including stain removers and we will not be held responsible for any allergic reactions due to this. All fabrics are ironed however at times some creasing may occur whilst in transit. It is recognized that during the course of the event, hired goods could be subject to accidental damage such as staining by foodstuffs, beverages and polish marks. We accept this to be inevitable. However, should our items be subject to irreparable damage or be missing upon collection the Client will be liable for the replacement cost of said items.
The burn time of candles used in our styling is calculated by the candle manufacturer not Modern Heritage Styling Ltd and fluctuations in these times are not the responsibility of Modern Heritage Styling Ltd. Candles with a specified 8hr burn time are the standard used by Modern Heritage Styling Ltd although we would never suggest they are left to burn for more than 4 hours at a time. Should the Client wish to double or triple the amount of candles required so that venue staff can change them throughout the event this can be built into the quote up to 28 days before the event. Arrangements regarding the change of candles via venue staff would need to be made between the Client and venue in a separate agreement and we accept no responsibility for problems caused by this. Candle use is done so at the Clients risk. Candles should never be left unattended.
We offer consultations at our showroom subject to availability. Children are welcome to attend consultations but are fully the responsibility of the parent/guardian. The responsible adults should be aware that the showroom is a work place and has areas of danger such as lit candles, glass items and tall displays. All breakages/ damage must be paid for.
This agreement terminates on the first to happen of the following events:
at the expiry of a fixed Hire Period set out in the Quotation or in this agreement, or any extension of it;
if the payment of the Charge is not made in accordance with these Terms; or if the Client commits a material breach of any of these Terms and fails to remedy the breach within 14 days of being notified in writing; or the Client makes any statements or behaves in any way or requests the Stylist to undertake any actions that are discriminatory, illegal or immoral; or if the Client enters into any form of insolvency arrangement, or suspends their business.
Upon termination, the Client shall immediately pay any outstanding Charges to the Stylist.
Verbal or email instructions by the Client to proceed will constitute an acceptance in full of these Terms.
The Charges will be paid after invoices rendered from time to time. Payment terms are ‘on invoice’, and payment is not deemed to have been made until the Charges have been paid in full. If payment is not made in full and within time, the Services may be suspended and payment in advance may be required before the Services are recommenced.
If payment is not made in accordance with the above clauses, the Stylist reserves the right to charge an administration fee of £50 and interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services. Each party recognises and accepts its obligations with the regard to the control and processing of personal data under the current data protection legislation and regulations. For more information on this, please see our Privacy Notice on our website.
The Client grants to the Stylist, consent to use any work including photographs created as part of the Services to show off their services and designs, together with the right to display images as part of their portfolio and to write about the Services on websites, and in their marketing materials. If the Client does not wish to grant this consent, they must confirm this in writing within 7 days of entering into this agreement.
Nothing in the Terms is intended to create a partnership or joint venture between the Stylist and the Client, and no party has the right to act as agent for the other or to bind the other party in any way.
Variations to the Services, may only be agreed in writing. Services outside the scope of the Quotation will attract additional charges. Any changes to the date of the Event will constitute a cancellation and Clause 6 shall apply, unless we agree differently in writing.
Following the conclusion of the Services, the Stylist may wish to contact the Client to request testimonials, recommendations or feedback on the Services. By agreeing the Terms, the Client is consenting to that contact by the Stylist after the conclusion of the Services.
In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
If the Stylist is limited or hindered from providing any Goods or Services booked by the Client due to circumstances beyond its control eg. government intervention, Acts of God, civil disturbance, war, national or local disaster, strikes, labour disputes, loss of stock whilst stored or in transit, fire, theft, extreme weather, floods, road traffic accidents whether directly or indirectly involved then the liability of the Stylist to the Client shall not exceed the amount paid by the Client for the Services. The Deposit shall be non-refundable, (being an approximation of the value of Services already rendered) and the Stylist shall (where the value of the Services already delivered to the Client is greater than the value of the Deposit) be entitled to be paid additionally for all Services delivered to the Client up to that point. The Stylist shall not be liable for any additional losses incurred by the Client in such circumstances.
If your wedding or event is prevented from taking place due to a local or national government restriction we will endeavour to postpone your date. While ever weddings and events are allowed to take place albeit at a reduced number, postponements would be at Modern Heritage Styling Ltd’s discretion. Upon agreeing a postponement, we will supply the Client with a list of available dates over a 2 year period. Should the client choose a date where by Modern Heritage Styling Ltd is unavailable this is entirely their choice and the normal terms and conditions regarding cancellation will apply. If once a wedding has been postponed and a new date agreed, the event is then cancelled, normal terms and conditions will apply.
The validity, construction and performance of this agreement shall be governed by the laws of England and Wales.
Modern Heritage Styling Ltd have full public liability insurance and insurance certificates are available on request.
Modern Heritage Styling Ltd will take no responsibility should these terms and conditions not have been fully read or understood by the client.