Welcome to Sophia’s Final Touch Ltd!
General Terms & Conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 07491273377.
Application
- These Terms and Conditions will apply to the purchase of the services and goods by you. We are Sophia’s Final Touch Ltd, Transpoint Building, Doncaster Road, Doncaster DN1 3HT Company Registration Number 14014134, email address info@sophiasfinaltouch.co.uk; telephone number 07491273377.
- These are the terms on which we sell or hire all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase or hire the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Services
- The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
- In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Services which appear on the Website are subject to availability.
- We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- You are responsible for confirming final numbers & details prior to the event if anything changes without notifying us we will go on the last invoice emailed to you.
- If any details change with your venue effecting our decor we expect you to notify us in a timely manner so that any necessary changes can be implemented.
- All of our Goods are to Hire Only, and must be returned the same day or following day of your event or agreed. Items which are perishable or personalised such as Fresh Flowers, Favours, or Printed Stationary may be kept after your event. Any Items missing after your event will be chargeable.
- Sophia’s Final Touch Ltd has a team of Stylists, of which any may work on the day of the event and is not limited to your initial stylist in your consultation.
Customer responsibilities
- You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
- Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
- Whilst any products which are hired are in your possession or your chosen venues, you are responsible for any threat or damage caused to any rental items. If damage or threat does occur you will be responsible for the cost of fixing or replacing that item.
Personal information
- We retain and use all information strictly under the Privacy Policy.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the item purchased, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- Any items for hire can be changed up to 8 weeks prior to the event as long as its agreed with both the customer and supplier and included on the final invoice.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Customer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
- You will be asked to electronically sign your initial invoice by Typing your name and sending it back this will secure your booking and also mean you have accepted these terms and conditions.
- You will also need to provide a correspondence address on your invoice.
- If you cannot sign the initial invoice an email stating you have paid your initial deposit to book will also mean you have accepted these terms and conditions.
- If inflation is to rise above 5% between the time of booking and your final invoice due date (8 weeks before) the amount on your final invoice will be amended to reflect this in order to deliver all the products requested. The first 5% of inflation will be covered by Sophia’s Final Touch.
Fees and Payment
- The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Event Proposal at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
- Fees and charges include VAT at the rate applicable at the time of the Order. However, if in the future we become VAT registered and your final invoice has not been produced we have the right to increase your outstanding invoice however will need to give at least 3 months’ written notice via email.
- You must pay your initial deposit and full remaining balance via Bank Transfer, Cash, or via Pay Pal or otherwise before delivery of the Services.
- A 20% deposit of the final estimated total will need to be taken to secure a booking the remainder of the payment will need to be made 8 weeks prior to the event date.
- If you event is within 8 weeks full payment will be needed to secure your booking.
- A £50 surcharge may be applicable for each and every delivery/collection request which requires me to amend my logistical arrangements. i.e requesting to set up an alternative date to the event.
Delivery
- We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
- in the case of Services, within a reasonable time; and
- In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges, this will be at our discretion.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Returns of Items/Missing/ Damaged
Equipment collected or used by the Hirer from our offices or premises must be returned at the end of the Hire Period, as set out in the Hire Contract. Each additional day or part thereof will be charged at the appropriate daily rate. (b) Items missing on collection from site will be charged for at their current cost of replacement. Items returned within 4 weeks will be credited, however, the additional hire period will be charged for. After 4 weeks, items returned will not be credited. (c) Broken chairs / furniture will be charged for at the full cost of replacement. (d) Hire Items are not to be used outside unless agreed prior any items taken and damaged without prior agreement will be charged.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods for sale until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
- accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance;
- goods that are made to your specifications or are clearly personalised;
- Goods which are liable to deteriorate or expire rapidly.
Right to cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason, however any deposit paid is non refundable.
- The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Commencement of Services in the cancellation period
- We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service. Payment for Services commenced during the cancellation period
- Deduction for Goods supplied
- Effects of cancellation in the cancellation period
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
- If we have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
- Upon delivery, the Goods will:
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- For the purposes of these Cancellation Rights, these words have the following meanings:
- distance contract means a contract concluded between a trader and a customer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the customer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a customer and the customer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity
- Be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- It is not a failure to conform if the failure has its origin in your materials.
- We will supply the Services with reasonable skill and care.
- In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, Termination and Suspension
- The Contract continues as long as it takes us to perform the Services.
- Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
- commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
- is subject to any step towards its bankruptcy or liquidation.
- On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
- If for reason out of your or our control you event can not go ahead we will do our best to moved you booking to a new date. Refunds will not be given.
Colours of Items
All efforts have been made to represent my items accurately in my photographs, however sometimes there may be slight discrepancies with colour due to different monitors showing different saturation and photographs being taken in different lighting and I cannot be held accountable for this. Every care is taken to provide the items as you expect them.
Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).
Force Majeure
The performance of the Company’s obligations hereunder is subject to variation or cancellation consequent upon Act of God war strikes riot lockouts or other labour disturbances fire flood restrictions on the use of transport fuel or power or any other cause beyond the control of the Company. In the event of frustration of the Agreement due to any of the above causes the Contract shall be deemed to be complete and upon written notice by the Company to the Hirer to that effect the Company shall refund to the Hirer any monies received in respect of the Hire Contract less 10% which shall be retained by the Company in respect of its costs and expenses.
Excluding liability
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Customer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs, please contact Sophia’s Final Touch Ltd directly via phone or email, we aim to respond with an appropriate solution as soon as the dispute has been fully investigated.
Email address: info@sophiasfinaltouch.co,uk
Telephone number: 07491273377