TERMS AND 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 07702588892.
Application
These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
Waterfall Wedding Decor LTD aka Waterfall Photobooth Co. of 16 Thary Lane, Spalding, PE114BN with email address info@waterfallweddingdecor.co.uk; telephone number (07702588892); (the Supplier or us or we).
These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
Interpretation
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Services;
Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;
Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
Order means the Customer's order for the Services from the Supplier as set out overleaf;
Services means the services, including any Goods, of the number and description set out in the Order.
Services
The description of the Services and any Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of goods and services 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 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.
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.
Basis of Sale
The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.
When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier's delivery of the Services to the Customer.
Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 1 month from its date, unless we expressly withdraw it at an earlier time or have made this clear within an email with an alternative deadline set.
No variation of the Contract, whether about description of the Services, 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.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier's and the Customer's simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises. 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 to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
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 in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
Fees and charges include VAT at the rate applicable at the time of the Order if necessary.
Payment for Services must be made on the date agreed between both parties and in advance of delivery (deposit paid on booking and balance paid no later than 1 month prior to your set date of event). You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services. If for any reason you can not pay on the date agreed, this must be notified to the seller in advance and authorised. If not then you will forfeit the opportunity for a delay in payment and may risk losing your deposit and order.
Invoices sent requesting deposits must be paid on receipt and within 72 hours or we open up your date and this is no longer reserved for you. If the buyer does not pay on time, then you have forfeited your right to your order and we may offer this to someone else.
Invoices sent requesting final balances must be paid on the date provided which will be 4 weeks prior to your wedding date. If the buyer does not pay this on time and we have not been notified with a reason, then you have forfeited your right to your order and we have the right to cancel and retain the deposit.
Only under extreme circumstances will we consider refunding deposits and if the buyer decides to request this, the seller requires this in written format such as a letter or email. The seller will respond to such requests within 72 hours to acknowledge and within 10 days with a response/resolution. Any deposits paid not through direct debits, may take a few days to enter your bank accounts, depending on the banks protocols and procedures.
If the buyer decides to cancel the booking then we withhold the right to retain the deposit paid of 50% (unless agreed otherwise) after 14 days of booking online (if booked in person then no refund is offered). If you have paid in full then we withhold the right the retain the full balance if your wedding is within 3 months.
If the buyer would like to change their date, the fee is a new deposit of 50% (calculated) unless done within 14 days of booking.
COVID POLICY: If there is a national or local lockdown then we offer a free date change or full refund minus potential admin fees. If there are restrictions but your event can take place with restrictions in place then we will consider a free date change but no refund available (this will be case by case reviewed). If you wish to move your date or cancel with concerns of Covid but there are no restrictions in place you will receive no refund of deposit if after 14 days of booking or balance if within 3 months.
If you cancel within 3 months and your balance has not been paid then this will still be due and you will be sent a final invoice.
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; we arrive 1 hour prior to the agreed start time to set up in the location set by you.
in the case of Goods, without undue delay and, in any event, not more than 30 calender days from the day on which the Contract is entered into.
In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to fulfill the booking and stay later as required.
In any case, regardless of events beyond our control, if we do not deliver the services, you can (in addition to any other remedies) treat the Contract at an end if:
we have refused to deliver the Goods or services,
we have failed to deliver the full service at your event,
If you treat the Contract at an end, we will (in addition to other remedies) promptly return partial or all payments made under the Contract depending on the circumstances. This will need to be formally written to us to justify the refund and we will come to an agreement.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.
If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
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.
You will be responsible for covering travel fees for our Attendants, including a stopover charge for venues 2.5hrs+ from their base.
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 at any point. You hire the goods from us and if damage is incurred by yourselves or the guests due to negligence then we have the right to charge you for this.
We have a valid risk assessment, PLI and PAT test in place to avoid injuries/accidents. In the unfortunate event this does occur we are insured to help with this.
We do not accept violent/threatening behaviour to staff and have zero tolerance. If our Attendant feels at risk from behaviour shown by yourselves or your guests then we have the right to withdraw services and stop. You will not receive a refund. You will be banned from booking with us in future. If they feel necessary they have the right to alert police to assist.
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.
You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later than 14 calendar days from the day the Contract was entered into. If you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods and Services which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods or Services.
After 14 days we have the right to withhold your deposit of 50% and full balance within 3 months of your event.
Conformity and Guarantee
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.
Upon delivery, the Goods will:
be of satisfactory quality;
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
conform to their description.
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.
We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
We will provide the following after-sales service: The supplier will support the customer in installing and activating some of their new equipment. The supplier will provide advise in installing and activating their new equipment.
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.
Privacy
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy which can be found The policy can be found on our website.
For the purposes of these Terms and Conditions:
'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
'GDPR' means the General Data Protection Regulation (EU) 2016/679.
'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
we will only Process Personal Data for the purposes identified;
we will respect your rights in relation to your Personal Data; and
we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: janine@waterfallweddingdecor.co.uk.
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.
Excluding liability
We do 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 Consumer - 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 Scotland or Northern Ireland respectively.
We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days