terms & conditions
ANNIE DUNNE (Trading as AD EVENT DESIGN)
TERMS & CONDITIONS
THESE ARE THE TERMS AND CONDITIONS WHICH APPLY WHEN YOU USE THE PRODUCTS AND SERVICES OF ANNIE DUNNE.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED
OR USED THE SERVICES.
BY HIRING PRODUCTS OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES,
YOU AGREE TO THESE TERMS AND CONDITIONS.
TERMS & CONDITIONS
The following Terms (Terms) are between You (You or Your) and Annie Dunne, a sole trader, (We, Our, Us or AD Event Design) describe the terms and conditions on which You may access and use the AD Event Design website located at www.adeventdesign.com (the Site) and related services including AD Event Design’s product hire and sale services (together with the Site and the AD Event Design Content, as defined below, the Services).
By accessing or using any of the Services, You acknowledge that You have read, understood, and agreed to be bound by these Terms.
PART A: USING AD Event Design PRODUCTS
1. We aim to give You access to table settings and event supplies for use in Your home or other environment, for an agreed hire period (the Products).
2. The Products include the hire of event supplies, decor, and related services. This agreement sets out the terms and conditions that apply to Your hire of any Product.
3. The agreement also sets out, where the use of the Services is different from the Products (and related Services), the terms and conditions which apply to Services which are unrelated to the Product (and related Services).
2.1. Children under the age of 18 may not use the Services. Parents or legal guardians may not agree to these Terms on their behalf.
2.2. You represent that You are 18 years or older and that You are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting or purchasing the
Products as described in these Terms.
3. MODIFICATION OF THE SERVICES OR THE TERMS
3.1. AD Event Design may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason.
3.2. AD Event Design will use commercially reasonable efforts to notify You of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address You provided to AD Event Design for your quotation.
5. SERVICE EXPECTATION AND RESTRICTIONS
5.1. You acknowledge and agree that We may place limits on the hire of Products.
5.2. We reserve the right to limit, cancel, or prohibit any hire of Products for any reason in Our sole discretion, which is absolute.
5.3. Subject to availability, Your Products may be ordered up to 3 business days ahead of Your requested delivery date.
5.4. Orders within 3 business days of Your desired delivery date are subject to the approval of AD Event Design and cannot be guaranteed.
6. PRODUCT HIRE
6.1. The hire fee (Hire Fee) for the Product will be the total of the Hire Fee and delivery charges listed on the Site for Your hire of the Product.
6.2. When You place an order for a Product, You authorize AD Event Design to raise and issue an invoice for the Hire Fee.
6.3. The invoice raised by AD Event Design will include 25% of the total hire cost, as a refundable damage Deposit Fee and the full invoice must be paid immediately upon order, regardless of how far in advance that product is reserved.
6.4. The Deposit Fee will be refunded within 5 working days after AD Event Design has collected the hired goods from You, pending Our inspection of the wares on their return. The refund may take longer than 5 working days for You to receive depending on Your bank. If the damage is greater than the Deposit Fee charged, then a second invoice will be raised to cover any further damage or fees, such as late fees or additional delivery or collection fees.
6.5. If you would like the refundable deposit to be sent back to you by bank transfer, you will need to provide us with your bank details including the payee name. If bank details are not provided, a cheque will be sent in the post to the billing address.
7.1. You may cancel Your hire order subject to the following cancellation fees and policies:
7.1.2. Any order cancellations made Seven (7) or more days in advance of the delivery date will result in a full refund in the form of Your original payment.
7.1.3. If You cancel seven (7) or fewer days before Your delivery date, We are unable to offer a refund
8. DELIVERY AND USE OF THE PRODUCTS
8.1. Delivery times for the Product may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from occurrences beyond our control for which We will not be responsible.
8.2. If there is a delay in delivering the Products, then where We are aware, We will inform You of this via email and telephone (wherever possible) and the Product will be despatched as soon as We can.
8.3. Delivery of the Product will occur when the Product is delivered to the address You provide us with. You are responsible for the Product when delivery has taken place.
8.4. We will only take Products to the ground floor at the address You have specified for a delivery, save where you have explicitly requested our Set Up service, where in consideration for an additional fee, We shall deliver the Products no more than 1 floor up and 1 floor down, noting that any more than this, then We shall require there to be a useable elevator at the delivery address.
8.5. In all cases, we require You to have provided Us with a delivery location where there is parking not more than 50 metres from the delivery address, which We can use in order to facilitate delivery of the Products. Where there is no such parking, We reserve the right to charge an additional fee for delivery thereon.
8.6. Upon delivery, You bear responsibility for the Products. Where this is under Your instructions, AD Event Design does not bear liability for Products left unattended in an insecure delivery location.
8.7. By hiring Products from AD Event Design You agree that it is for a legitimate purpose and not to engage in unfair and/or illegal business activities or competition.
8.8. The Products AD Event Design provide You with are of great value. You agree to treat the Products in a careful and responsible manner; and where we believe that You have not, our decision shall be set against a reasonable standard of care for the services that we offer and shall be binding and final.
8.9. You are responsible for failure to return, loss, destruction, and damage to the Products for any reason other than normal wear and tear. Normal wear and tear encompasses minor stains, scratches or other minor damage. For the avoidance of doubt, it does not include spilt wax on our tableware, table linen or bad liquid stains.
8.10. If You return a Product damaged beyond normal wear and tear, You agree to be charged for the price of repairing or replacing the Product, as determined in Our discretion, up to the Retail Value of the Product. This will be deducted from your Deposit Fee unless the damage is greater in which case a second invoice will be raised to cover these additional costs.
8.11. If We are unable to Deliver or Collect the Products, due to You not being present at the address or not re-‐packing the Products on time for collection, you will be charged a Fee for the re-attempted delivery or collection. This fee will be deducted from your pre‐paid Deposit Fee.
9. RETURN OF THE PRODUCTS
9.1. If You prevent or delay the scheduled collection of the Product, a late fee will be payable by You, to Us. The late fee shall be applied for each day that your return of the Products is delayed beyond the scheduled return date; and in all circumstances, shall not be less than 30% the original booking fee (less delivery charges) per day for each day of delay, pursuant to a further invoice, which (as necessary) will include any charges referred to in paragraph 9.2.
9.2. The late fee is payable for each order of Products that is not returned when due. If You have not returned a Product within twenty (20) days after the return date for the Product, Your late return will be considered a non-‐return and AD Event Design will charge you the Retail Value, in addition to any other charges identified above.
9.3. Late fees will be deducted from Your pre-‐paid Deposit Fee.
10.1. The following are the limited warranties AD Event Design provides in connection with Product hire; and AD Event Design’s liability to You for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Hire Fee as determined by AD Event Design.
10.2. Subject to availability, We will deliver the Products You ordered, including the specified size, colour and design, on or before the delivery date for which You ordered them, except in the event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery.
10.3. In such event, We will use reasonable efforts to notify You that the Product is unavailable. If We are able to reach You, You will be entitled to choose any available hire Product to replace the unavailable Product. If We are unable to reach You, You acknowledge and agree that We may send You a reasonable substitution replacement product of the same or greater value. Products may appear slightly different in colour and style than as displayed on the Site.
10.4. The Products will be professionally cleaned and delivered ready to use. AD Event Design cleans and inspects each Product with the utmost care. Use of the Product is at Your own risk and save for death or personal injury, AD Event Design shall not be held liable for any health-‐ related complaints associated with any Product.
10.5. We shall not be responsible, in any circumstances, for any matter which, acting reasonably, is outside of our control.
11. PRODUCT RETURN; PACKAGING
11.1. With the delivery of the Product, AD Event Design will provide You with packaging as well as instructions for re-‐packing the Products ready for the agreed scheduled collection
11.2. You agree to prepare and pack the Products in a rinsed condition, for return in the packing on or before the return date specified on the packing slip and listed in Your order confirmation email.
11.3. You may extend Your order for a Product by contacting us at firstname.lastname@example.org provided that any extensions are subject to other orders for that Product. You must return the Product by making the Product available for pick-‐up by AD Event Design courier at the agreed upon location by the agreed upon time.
11.4. You are solely responsible for the Product until it has been picked up by AD Event Design courier.
11.5. We are not responsible for any personal or other items left in the Products or which are returned to AD Event Design in the Return Packaging. Our staff may assist in attempting to locate such items at a customer’s request but We are not obligated to assist and assume no liability for doing so.
PART B: USING AD EVENT DESIGN SERVICES
1.1. All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from AD Event Design and photos and comments from other users (AD Event Design Content) is available to You on an “as is” basis and is to be used for general information purposes only.
1.2. The AD Event Design Content is provided with the understanding that such information does not constitute professional advice or services. As such, You agree not to rely upon or use any AD Event Design Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the AD Event Design Content.
1.3. We may update the AD Event Design Content, including Product description and specifications, as We deem appropriate and without notice to You.
2. THIRD PARTY CONTENT
2.1. The Services may contain links or references to non‐AD Event Design websites, products, services or other materials or content (Third-Party Content). AD Event Design is not responsible for any Third-Party Content or the actions of those that provide or use such Third-Party Content. Any Third‐Party Content is independent from AD Event Design, and AD Event Design has no control over the Third‐Party Content. In addition, a link to any Third‐Party Content does not imply that AD Event Design endorses, approves of or accepts any responsibility for the Third-Party Content or its provider, or vice versa.
3. ACCEPTABLE USE POLICY
3.1. No part of the Services, including the AD Event Design Content, may be reproduced or transmitted in any form, by any means, except that AD Event Design authorizes You to view, copy, download, and print AD Event Design Content (such as press releases and FAQs) that is available on the Site, provided that: (a) You use the AD Event Design solely for Your personal, non-‐commercial, informational purposes; (b) You do not modify the AD Event Design; and (c) You do not remove any copyright, trademark, and other proprietary notices on the AD Event Design Content.
4. USE OF THE SERVICES
4.1. You may not use the Services to: (i) transmit any content, information or other materials that are, or which AD Event Design considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-‐level marketing or pyramid schemes; impersonate any other person, including but not limited to, an AD Event Design representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.
4.2. You also agree that You will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
5. YOUR CONTENT
5.1 If You post, upload or make available to AD Event Design, or otherwise submit to or through AD Event Design as part of Your use of the Services, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to Your use of the Products (Your Content), You hereby grant to AD Event Design a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub‐licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and Your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to You, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to You or to any other person or entity.
5.2 You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, You represent and warrant that Your Content and Your communication conform to these Terms, and that You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize AD Event Design to exploit, Your Content in all manners contemplated by these Terms.
5.3 You waive all moral rights in Your Content which may be available to You in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on Our part and We will not be liable for any use or disclosure of any Your Content.
6. YOUR ACCOUNT
6.1. Access to parts of the Services requires the creation of a user account, including a username and password that You choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to Your account by any person. You agree to bear all responsibility for the confidentiality of Your account information and all use or charges incurred from use of the Services with Your account. You agree to notify AD Event Design promptly of any unauthorized use of Your account or password.
6.2. There may be delays, omissions, or inaccuracies in the Services, including the AD Event Design Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
7. FEEDBACK AND COMMENTS
7.1. By sending Us any feedback, ideas, suggestions, documents or proposals (Feedback), You grant to Us an irrevocable, non-‐exclusive, royalty-‐free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and You waive all moral rights in the Feedback which may be available to You in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that AD Event Design may use Your Feedback without restriction or obligation to You or any third party.
8.1. Where you have an account, You may deactivate Your account and discontinue Your use of the Services at any time.
8.2. In order to deactivate Your account, please contact Us at email@example.com.
8.3. Any violation of these Terms may result in suspension or termination of Your access to the Services and/or removal of Your Content.
8.4. AD Event Design may also terminate Your account if AD Event Design determines that Your conduct poses a risk or liability AD Event Design, or for any other reason as determined by AD Event Design in its sole discretion.
9. EFFECTS OF TERMINATION
9.1. In each of these cases, the Terms will terminate, including Your license to use the Services, except that the sections pertaining to Hire Fee, Late Fees, Lost Return Packaging, Failure to Pay Fees, and Acknowledgment will still apply.
PART C: TERMS AND CONDITIONS APPLICABLE TO ALL PRODUCTS AND SERVICES
INDEMNIFICATION FOR BREACH
1.1. By using the Products and Services, You agree to indemnify, hold harmless and defend AD Event Design and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses including but not limited to legal fees, resulting directly or indirectly from a claim by a third party that is based on Your use of the Services in violation of these Terms.
2.1. By using the Services:
2.1.1. You consent to receive subsequent communications from Us where such communications may be for the purpose of notifying You of the status of Your order, sending You reminders, and providing You with other information relevant to the Services You have purchased; and
2.1.2. You consent to receiving periodic marketing and sales information describing our Services as they may change over time.
2.2. We will not pass on any information you provide us, to any third party, unless required to do so by law or, in order to provide the Services.
3. INTELLECTUAL PROPERTY
3.1. The Services, including the AD Event Design Content and all intellectual property rights in and to the Products and Services and any changes, modifications or corrections, are the property of AD Event Design and its affiliates and licensors, and are protected from unauthorized copying and dissemination. AD Event Design and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.
3.2. Where You are found to have breached the provisions of this paragraph, You hereby agree to indemnify AD Event Design, without limitation and upon demand, for all resulting costs, loss and related legal costs, including costs of enforcement against You, including consequential loss.
4.DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
4.1. The limited warranties set out in Part A paragraph 10 for hire apply only to You and may not be assigned, sold or transferred to any third party. No other warranties are granted by AD Event Design in connection with the Services or Products. The limited warranties shall not apply to any matters arising from Your violation of these Terms.
4.2. Your sole and exclusive remedy and AD Event Design's sole and exclusive liability for a breach by AD Event Design of the limited warranties set out in Part A paragraph 10 shall be, at AD Event Design’s option, AD Event Design’s use of its commercially reasonable efforts to replace the non-‐conforming Product in a timely manner or a refund of Your Hire Fee, as applicable.
5. DISCLAIMER OF WARRANTIES
5.1. Except for the limited warranties set out in Part A paragraph 10 the Services and Products are provided “as is” without any express or implied warranties, including without limitation the warranties of merchantability, quality or fitness for a particular use. Specifically, but without limitation, AD Event Design does not warrant that: (i) the Services, including the AD Event Design content, are correct, accurate, reliable or complete; (ii) the Services will be uninterrupted or error‐free;
(iii) defects will be corrected, (iv) the Services or the server(s) that makes the Services available are free of viruses or other harmful components, or (v) the Products will be fit for your intended purpose or otherwise accord with your expectations.
6. LIMITATION OF LIABILITY
6.1. Nothing in these Terms limits any liability which cannot legally be limited, including but not limited to liability for:
6.1.1. death or personal injury caused by Our negligence, or the negligence of Our personnel, agents or subcontractors; and
6.1.2. fraud or fraudulent misrepresentation.
6.2. Save for any matters referred to above, under no circumstances shall AD Event Design be liable for any damages of any kind, including without limitation direct, indirect, incidental, special, consequential, exemplary, multiple or other damages arising out of or in connection with the use of, or the inability to use, the Services and/or the Products, even if We have been advised of the possibility of such damages. Your sole and exclusive remedy hereunder shall be to discontinue your use of the services and terminate these terms.
7. ENTIRE AGREEMENT
7.1. These Terms are the entire agreement between You and AD Event Design relating to the subject matter herein and shall not be modified except by AD Event Design in accordance with these Terms, or as otherwise agreed in writing by You and AD Event Design. No employee, agent or other representative of AD Event Design has any authority to bind AD Event Design with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
8. SEVERABILITY AND WAIVER
8.1. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
8.2. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
9.1. You may not assign or transfer these Terms or any of Your rights or obligations under these Terms. AD Event Design may assign these Terms at any time without notice to You.
10. FORCE MAJEURE
10.1. AD Event Design will not be liable for or be considered to be in breach of these Terms on account of any delay or failure to perform as required by these Terms as a result of any cause or condition beyond AD Event Design’ reasonable control.
11. GOVERNING LAW AND EXCLUSIVITY
11.1. These Terms are governed and interpreted pursuant to the laws of Ireland. Any disputes in connection with these Terms shall be subject to the exclusive jurisdiction of the Irish courts.