Terms & Conditions
The following are the terms (“Terms”) on which Scenes & Stories Ltd. a Limited company registered in England under number 09857769, whose registered address is Unit 1-2, 52A Western Road, Tring, Herts, HP234BB. (“we” “our” or “us”) agree to hire furniture, props and other goods (“Hire Items”) to the individual named in the booking form (“you” or “your”).
1. Orders for Hire Items
1. You may place orders for Hire Items by any oral or written form of communication but no orders submitted by you (including enquiries made via the facility on our website) shall be deemed to be accepted by us unless and until confirmed in writing by us in a booking form.
2. You shall be responsible for ensuring the accuracy of the terms of any order and for checking that the booking form is correct.
3. These Terms apply to the exclusion of any other terms that you seek to impose.
2. Hire Period
1. The hire period will be specified in the booking form. You may not extend the hire period without our prior written agreement.
3. Hire Charges, Deposit and Payment
1. The hire charges will be specified in the booking form.
2. Subject to clauses 4.1 to 4.3, a non-refundable deposit of 50% of the hire charges is payable when making the booking to secure the Hire Items.
3. The remaining 50% of the hire charges shall be paid no later than 14 days before the start of the hire period.
4. If you fail to pay the hire charges in full before the start of the hire period we may refuse to hire the Hire Items to you.
5. You shall pay all amounts due in full without any deduction and you shall not be entitled to use any counterclaim against us in order to justify withholding payment.
6. We may, from time to time, offer special prices, discounts and other promotional offers. Any such special prices will be valid only for the period advertised. Orders placed during such a period will be accepted at the special price even if We do not accept the Order until after the period has expired.
7. A refundable security deposit will be added to your order. The security deposit will be retained by us in full or in part if any of the Hire items are not returned, lost, stolen or damaged. Subject to clause 6, the security deposit may not cover the integrality of our losses and further payment may be required in the event of loss or damage.
1. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Regulations”) apply unless the booking was concluded at our business premises. Where the Regulations apply you may cancel your booking at any time within 14 days after the day on which the contract is entered into. Information about your right to cancel and a form of cancellation notice are provided with these Terms.
2. Subject to clause 4.3, where you exercise your right of cancellation in accordance with clause 4.1 we will reimburse all payments received from you.
3. If you have confirmed to us in writing that you wish us to proceed with the booking before the end of the cooling off period referred to in clause 4.1, you must pay us any costs we have reasonably incurred in doing so up to the date when we receive your notice of cancellation. To the extent that the payments received from you exceed such costs and we will refund the excess (if any) to you.
4. If you wish to cancel a booking after the end of the cooling off period referred to in clause 4.1:
a. you should give us written notice not less than 28 days before the start of the hire period in which case we shall retain the non-refundable deposit referred to in clause 3.3; but
b. if you give us written notice less than 28 days before the start of the hire period you must pay the hire charges in full.
5. Delivery and Collection
1. For the purposes of these Terms “delivery” means the point when the Hire Items are delivered to you or your agent or authorized representative and “deliver” shall be construed accordingly.
2. The address(es) for delivery and collection of the Hire Items shall be as set out in the booking form or otherwise agreed in writing. You shall also provide us with contact details and phone numbers.
3. It is your responsibility to:
– ensure you (or your agent or authorized representative) are present when the Hire Items are delivered and collected;
– satisfy yourself that the Hire Items are delivered complete and in good working order and undamaged condition; and sign the delivery note to confirm delivery.
4. If you fail to discharge the responsibilities referred to in clause 5.3 then, subject to clause 5.5, you may not subsequently dispute the quantity and condition of the Hire Items delivered and our delivery note is final and conclusive evidence of such matters.
5. Any discrepancies between what we have agreed to hire to you and the Hire Items delivered must be reported to us within 24 hours of delivery to you.
6. We shall use reasonable endeavors to deliver and collect the Hired Items at the times stated in the booking form but we shall not be liable for any delay in delivery or collection nor for any loss or expense incurred by you as a result of such delay.
7. The cost and extent of our delivery service will be based on the items confirmed in the booking form. We will provide delivery and unloading service to a ground floor level or higher level accessible by goods lift.
8. It is your responsibility to insure that we have all the information required for delivery, including restrictions in terms of lift size, flights of stairs and timings.
9. If a Hire Item is not available (for example a vintage item breaks before the start of the hire period) we will offer a replacement or provide a refund of the hire charges paid for that Hire Item.
6. Hire Items and Damage/Loss/Replacement
1. Scenes & Stories retains property of the items at all times
2. Subject to clause 6.4, all Hire Items shall be in good repair and condition on delivery and all electrical Hire Items will be PAT tested.
3. You agree to keep the Hire Items in good repair and condition during the hire period and until they are returned to us.
4. Due to the vintage, upcycled and handmade nature of our goods some Hire Items may have signs of wear and tear and are supplied ‘as seen’. You may inspect such Hire Items prior to placing your order by providing us with reasonable notice and at a time agreed by us.
5. The Hire Items must be returned to us in same condition as that in which they were delivered. Any pre-existing damage will be clearly notes on the delivery note.
6. Any Hire Items which are returned to us damaged (beyond normal wear and tear) or altered will be repaired/restored by us to their original condition and you must pay us the costs of repair/restoration (including where appropriate depreciation in value) within 14 days of the date of our invoice.
7. In relation to any Hire Items which are returned to us damaged or altered beyond repair/restoration or which are lost while on hire, you must pay us the costs of replacing such Hire Items within 14 days of the date of our invoice.
8. You shall return the Hire Items to us in their original packaging and boxes. If any packaging is not returned we shall charge you for its replacement.
7. Your Obligations during Hire Period
1. You take on full responsibility and risk for the Hire Items during the hire period and until they are returned to us. You shall provide us with evidence of your insurance on request.
2. You shall not use the Hire Items for any purpose other than that for which they were hired, in particular you shall not use them for any abnormal or hazardous purpose.
3. You shall not do or permit to do anything to the Hire Items which could invalidate the insurance referred to in clause 7.1.
4. During the hire period and until the Hire Items are returned to us you shall not take the Hire Items, or permit them to be taken, outside the United Kingdom and you shall confirm their location to us on request.
5. You shall not at any time during the hire period and until the Hire Items are returned to us transfer, lend or sub-hire the Hire Items to any third party nor otherwise part with their possession.
6. Any labels identifying the Hire Items as our property must not be removed.
7. You shall not alter, repair or attempt to repair the Hire Items without our prior written consent. Any such consent shall be subject to such conditions as we may in our absolute discretion require.
1. Subject to clause 9.3, we do not warrant that the Hire items are suitable for the particular or any purpose for which they are hired (unless this is specifically agreed where we provide services as referred to in clause 11).
2. We accept no responsibility for injury caused to any person by the Hire Items during the hire period and until they are returned to us.
3. You are responsible for acquiring any necessary permission and consents in respect of the use of the Hire Items and for ensuring all Hire Items are stored in accordance with all laws and regulations. Please keep Hire Items away from heat sources as some may be flammable.
4. All Hire Items must only be used indoors unless otherwise agreed on the booking form.
9. Limitation of Liability
1. Nothing in these Terms shall limit or exclude our liability:
a. for death or personal injury caused by our negligence, or the negligence of our employees, servants, agents or subcontractors; or
b. fraud or fraudulent misrepresentation.
2. Subject to clause 9.1:
a. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or contracts or for any indirect or consequential loss whether arising from negligence, breach of contract or otherwise; and
b. our total liability to you in respect of all other losses arising under or in connection with the hire of the Hire Items and the provision of any services as referred to in clause 11, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the amount of the charges paid by you for such hire and services.
3. Nothing in these Terms shall exclude or limit your legal rights as a “consumer”. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office.
1. Any complaints about any of the Hire Items or the services we provide should be made within 5 days of date on which the matter giving rise to the complaint arose.
11. Additional services
1. In addition to the hire of Hire Items we also offer bespoke styling services, sourcing and party planning. Where we agree to provide such services, full details of the services and our charges will be confirmed in the booking form.
2. We reserve the right to providing you with a separate set of terms & conditions in relation to any of the above mentioned additional serviced.
3. We shall provide any such services using reasonable skill and care and in accordance with any details set out in the booking form provided always that:
a. any dates for providing the services as specified in the booking form shall be estimates only and we shall not be liable for any delay in meeting these; and
b. we shall have the right to make any changes to the services which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the services and we shall notify you in any such event.
4. We offer styling planning consultations and the charges for these (including any charges for our travel to the venue) shall be confirmed in the booking form.
1. Without limiting our other rights or remedies, we may terminate any contract governed by these Terms with immediate effect by giving written notice to you if:
a. you fail to pay any amount due to us on the due date for payment;
b. you commit any material breach of any of these Terms and, if it is capable of remedy, you fail to remedy it within 7 days of our notice requiring you to do so; or
c. you make any voluntary arrangement with your creditors or you are subject to bankruptcy proceedings in any jurisdiction.
2. On termination of any contract governed by these Terms:
a. you shall immediately pay all of our outstanding unpaid invoices and interest and, if Hire Items and/or services have been supplied but no invoice has been submitted, we shall submit an invoice and this shall be payable by you immediately on receipt;
b. you shall return all Hire Items to us and, if you fail to do so, we may enter your premises and take possession of them. Until all Hire Items have been returned, you shall remain solely responsible for them in accordance with these Terms; and
c. the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination of the contract shall not be affected and clauses which expressly or by implication have effect after expiry or termination shall continue in full force and effect.
1. We will use the personal information you provide to us to fulfill your booking and process your payment. We may also use it to inform you about similar services that we provide but you may stop receiving such information at any time by contacting us.
2. We shall not be responsible for any delay or any failure to perform due to any cause beyond our reasonable control.
3. You shall not without our prior written consent assign, transfer or subcontract with any of our rights or obligations under these Terms.
4. Any notice to be given under these Terms shall be deemed to have been validly given if served personally on the other party or if sent by first class pre-paid post or email to the last known address of that party. It shall be treated as having been received:
a. if sent by first class pre-paid post, 2 days after the date of posting; and
b. if sent by email, on the same day if sent during normal working hours or on the next working day where sent outside such hours, in each case provided that it is supported by a valid server delivery receipt.
5. No waiver by us of any breach of these Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provisions.
6. If any provision of these Terms is unenforceable, it shall be limited or eliminated to the minimum extent necessary so that the rest of these Terms remain in full force and effect.
7. Nothing in these Terms constitutes a partnership, joint venture or agency of any kind between you and us. You shall have no authority to act as our agent or to bind us.
8. These Terms shall not be enforceable by a person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
9. No variation of these Terms shall be binding unless in writing and signed by you and us.
10.These Terms shall be governed by English law and the English Courts shall have exclusive jurisdiction to decide any dispute concerning these Terms.