Sugar & Rind – TERMS & CONDITIONS

(Version 1.0 – last updated April 2021)

Please read these Terms carefully which apply to the use of this Website and the provision of our party services. These Terms apply to all users of the Website and anyone booking a party with us (you or your) and govern how you may use our Website.

These Terms are in 2 parts as follows:

  • Website Terms of Use – General terms governing your use of the Website
  • Booking Terms – terms governing any booking that you make on the Website

These Terms constitute a legally binding agreement between you and us. You should read them carefully and let us know if you have any questions.  By using our Website, and by making a booking, you confirm that you have read, and understood and agree to be bound by these Terms.

We may amend these Terms from time to time. The most recently published version of these Terms will apply each time you use our Website or make a booking with us. Please check for any changes to these Terms every time you visit and especially each time you make a new booking with us.

Nothing in these Terms affects your legal rights where you are buying as a customer. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards.

  1. Information about us and how to contact us
    1. We are Sugar and Rind Ltd, a company registered in England and Wales with company registration number 13050836 and our registered office is at 1 Howgate Road, London, England, SW14 8NQ (the Company, us, we, our).
    2. You can contact us by calling us on 07850 135641 or by writing to us at info@sugarandrind.com or via our contact form on our website at sugarandrind.com . If we need to contact you we will do so by telephone or by writing to you at the email address you provide to us.
  2.  Definitions
    1. In these Terms, the following definitions have the meaning set out below, unless the context otherwise requires:
      Booking a booking by you for the Services submitted to us via the Website and as may be amended in accordance with these Terms.
      Charges the charges payable by you to us for the Party as set out in the Booking and confirmed by us and which may be revised in accordance with these Terms.
      Equipment any goods or equipment such as glassware, tableware, cutlery, linen, bars & furniture, decorations, tents & coverings that are supplied by us as part of the Party where selected by you as a Party Item.
      Party the party that is to be provided by us comprising solely of the Party Items as detailed in the Booking.
      Party Date the date of the Party as set out in the Booking or as otherwise agreed by us in writing.
      Party Items the party items as more particularly described on our Website and selected by you using the Build Your Party Tool on the Website and set out in the Booking which may include (as relevant) the supply of food, drink, entertainment, staff, stretch tents & coverings, bars & furniture, decoration, tableware, photography and any other items we offer on the Website.
      Premises the premises where the Party is to be provided as set out in the Booking.
      Services the supply of the Party Items by us to you at the Premises in accordance with these Terms.
      Staff the staff supplied by us as part of the Party where selected by you as a Party Item or otherwise expressly stated to be included in a Party Item.
      Supplier the third party supplier engaged by us to provide any element of the Party Items including (as applicable) DJ, caterer, wine merchant, photographer or provider of other entertainment services and any supplier of the Tent.
      Tent the tent or covering that is to be provided as part of the Party where selected by you as a Party Item.
      Terms these terms and conditions as amended from time to time.
      Website the website operated by us at www.sugarandrind.com.
    2. In these Terms, any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

 

WEBSITE TERMS OF USE

  1. Eligibility
    1. You may only use the Website if you are aged 18 or over.
    2. You must not use the Website for any false or fraudulent bookings.
  2.  Website Availability
    1. We do not guarantee that the Website, or any content on it, will always be available or uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Website for business and operational reasons.
    2. We cannot be held liable for the unavailability of, or any modification to, the Website or any of our Services.
  3.  Your account
    1. To make a booking on the Website, you will need to register for an account on the Website. You must provide accurate and complete information and keep your account information updated.
    2. You are fully responsible for keeping your account details secure and will be wholly liable for any purchase or other activity that occurs on your account, even if that activity is (or is alleged to be) carried out by an unauthorised third party (unless in each case due to a breach of security which is our fault). You must notify us immediately if you become aware of any unauthorised activity on your account.
    3. We may close your account and deny you access to our Website with immediate effect if we reasonably suspect any unauthorised use of your account or if we have reasonable grounds to believe you are in material breach of these Terms.
    4. By using and creating an account on our Website you confirm that you have full capacity and authority to agree to these Terms.
    5. We will use your personal information as set out in our Privacy Policy.
  4.  How you may use the Website:
    1. We are the owner or the licensee of all intellectual property rights in and to our Website, and in and to the material published on it. These works are protected by copyright laws and treaties around the world as well as various other intellectual property rights. All such rights are reserved.
    2. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged if you quote from our Website.
    3. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors. Unauthorised use of data or content downloaded from the Website for any commercial purposes, or passing the information contained on the Website to third parties, is strictly forbidden and may lead to legal action. Users may not republish, scrape, reproduce, re-distribute, or copy any of the content on this Website. You must not attempt to reverse engineer or derive any source code or algorithms on our Website.
    4. If you copy or use any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  5.  Third Party Links
    1. Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or of any information you may obtain from them. We have no control over the contents of those websites or resources.
  6.  Viruses
    1. We take reasonable steps to ensure that our Website is safe to use, but we cannot guarantee that our Website will be secure or free from bugs, vulnerabilities or viruses.
    2. You are responsible for configuring your device and browser to access our Website securely. You should use your own virus protection software.
    3. You must not misuse our Website by knowingly introducing viruses, trojans, vulnerabilities, worms, logic bombs or other material that is malicious or technologically harmful.
    4. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
  7.  Linking to the Website
    1. You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link to our Website in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
    2. If you wish to link to or make any use of content on our Website other than that set out above, please contact us first.

BOOKING TERMS

  1. Our contract with you
    1. Our acceptance of your Booking will take place when we email you and confirm acceptance, at which point a contract will come into existence between you and us. Please note that we may email you to acknowledge your Booking but this email will not constitute our acceptance of your Booking.
    2. If we are unable to accept your Booking, or any element of your Booking, we will inform you and refund any payment that has been made by you. This might be because Party Items you have requested are unavailable on the Party Date or because we can’t provide all the Party Items on the Party Date.
    3. Please note that we only accept bookings that are within Greater London and Surrey.
  2.  Your Booking
    1. Please note that the images on our Website of the party items we offer and of any previous parties that we have organised are for illustrative purposes only and your Party and any Party Items may differ.
    2. When we have received your Booking, we will contact you to confirm certain details with you in relation to the Party Items. We will contact you at the email address or on the telephone number that you provide to us at the time of making the Booking.
    3. Some Party Items may need to be delivered in the days running up to the Party Date, (for example if you select a Tent, this will need to be set up prior to the Party Date). Further details regarding set up times are in the FAQs in the How it Works section of our Website. We will contact you to notify you of any set up dates and dates for removal / dismantling and you are responsible for ensuring that we have the necessary access on these dates. Please note that, if we are unable to remove or dismantle any Equipment on the stipulated date, there may be additional costs which we shall be entitled to invoice you for.
    4. As part of delivering the Party to you, we engage various suppliers to provide the Party Items (Suppliers). These Suppliers may provide us with instructions for the way in which the Party Items may be used (for example, if you select a Tent, there will be certain restrictions, such as a prohibition on any heating equipment, types of lighting or cooking equipment used inside the Tent).
    5. Tent
      1. If you select a Tent as a Party Item, we will contact you to arrange a convenient time for us and our Supplier to carry out a site visit at the Premises.
      2. The Tent must be erected on a firm clear site that is clear of trees and free of any wires or cables and in any area that is not susceptible to flooding.
      3. At the site visit, we will notify you of any other specific requirements such as power supply, lighting, access to other facilities.
      4. You must ensure that all the stated requirements are met. Failure to comply with any of the requirements may mean that we are unable to provide the Tent and/or the Services and may need to cancel the Booking.
      5. Following a site visit, the Charges may be adjusted depending upon your requirements. We will confirm any change to the Charges to you.
    6. We may make minor changes to the Booking as follows:
      1. to reflect changes in relevant laws and regulatory requirements (for example any changes to health and safety regulations which may affect the Party Items); and
      2. to implement minor adjustments and improvements. These changes will not affect your Party but may affect how we set-up or manage the Party.
    7. If we need to make changes to your Booking at any time (excluding minor changes as referred to above) such as a change to the Party Date or a significant change to any element of the Party Items, we will promptly notify you. If you are unhappy with the proposed change, we will give you the option to:
      1. hold the Party on an alternative date, where we need to change the Party Date; or
      2. cancel the Booking and receive a full refund.
  3.  Your Obligations
    1. By making a Booking, you confirm that you are authorised to do so and have the necessary authority and consent of the owner of the Premises to hold the Party at the Premises.
    2. You are responsible for making your own decision as to which party items to select and ensuring that these meet your needs.
    3. We are not event managers and whilst we will provide the Party Items to you, you are in charge of the management and running of your Party. Any Staff that we supply will only carry out the work that you have booked them to do, as included in the Party Item, and will not provide any additional services.
    4. We may need certain information from you so that we can provide all aspects of your Party, (for example, if you have selected a bar as Party Item, we may require a floor plan or clear description of where to set this up). We will contact you in writing to ask for this information. You are responsible for ensuring that any information you provide to us is correct. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either cancel the Booking and end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required.
    5. Premises and Facilities
      1. You are solely responsible for ensuring that:
        1. you have any necessary consents, licences and authorisations required in order to enable the Party to take place at the Premises and for us to provide the Services. This includes (as applicable) any local authority licences, music licences, alcohol licence and permission that may be needed for the erection of a Tent;
        2. we and our Suppliers have clear access to the Premises throughout the Party as required to provide the Services and during such time as is necessary to allow for the installation and removal/dismantling of Equipment;
        3. the Premises are safe and secure and suitable for the hosting of the Party and for attendance by the guests and Staff and you have appropriate insurance in place;
        4. there is uninterrupted, safe and adequate power supply at the Premises and in the required locations to enable the Equipment to operate;
        5. our Staff and Suppliers have access to and use of free parking in close proximity to the Premises. Please notify us at the time of the Booking if there are any parking restrictions or parking charges;
        6. the Staff have access to adequate toilet facilities at the Premises;
        7. where a Tent is to be erected, the Premises are not susceptible to flooding and the ground is flat and free of any wires or cables on top or underneath the surface.
    6. If you do not comply with your obligations set out above:
      1. we may charge you additional costs incurred by us as a result; and/or
      2. we may cancel the Booking and end the contract.
    7. Food and Drink and Dietary Requirements
      1. You are responsible for notifying us of any dietary requirements and allergies at the time of your Booking or no later than 2 weeks prior to the Party Date;
      2. Please contact us to check the ingredients of all food that is to be supplied.
      3. Please note that all food may contain traces of nuts.
      4. You are responsible for the suitable storage and arrangement of food once it is on the Premises. Any food that is provided by us for a Party should not be consumed after the Party.
      5. No food or drink other than that provided by us will be served by our Staff without our agreement excluding any condiments and garnishes. We are not responsible for any food and drink that is not supplied by us.
  4.  Equipment
    1. You shall be responsible for the safety of any Equipment that is supplied to the Premises and ensuring that it is not damaged or otherwise tampered with until we remove the Equipment. You shall be responsible for any damage to the Equipment whilst it is at the Premises and which is not caused by us, our Staff or Suppliers or due to our negligence (including loss, destruction, theft or unauthorised use of the Equipment). We may charge you additional costs incurred by us as a result.
    2. You shall procure that we and our Suppliers have access to the Premises after the Party Date to enable removal of the Equipment at such times as notified by us to you.
    3. You shall be liable for any loss of or breakages or damage to the Equipment including any broken glassware and tableware. We will take a refundable deposit for glassware and tableware which will be automatically applied to your basket during checkout. The deposit will be returned to you upon collection and examination of the glassware and tableware. If there is any loss or damage, deductions will be made from the deposit and any remaining balance will be returned to you.
    4. Any Equipment that is supplied as part of the Services is owned by us or our Suppliers and is hired to you for your Party. Ownership in the Equipment (including any glassware and tableware) shall not pass to you at any time. The Equipment must be returned to us and we shall be entitled to charge you for any Equipment that is not returned to us.
  5. Your right to make changes to a Booking
    1. If you wish to make any changes to the Booking and/or your Party Items, you should notify us as soon as possible. We will notify you if the change is possible and if there are any additional charges as a result of the change. Whilst we will use our reasonable endeavours to accommodate any changes, as elements of the Party Items are provided by Suppliers, we may not be able to do so and may already be committed to certain costs. Any requested changes are therefore at our sole discretion. Please note that no changes are possible where requested within 2 weeks of the Party Date.
  6. Your rights to cancel the Booking
    1. You may cancel a Booking within 14 days of the date of your Booking and receive a full refund, unless the Party Date is within 30 days of the date of the Booking where no refund shall be made.
    2. In the event that you cancel a Booking, we may incur costs to our Supplier that we are unable to recover. As the Party will be bespoke to you, we are not likely to be able to resell the Party Items you have booked. In the event of cancellation, we shall charge the following cancellation charges:
      1. If a Booking is cancelled 91 days or more before the Party Date, no Charges shall be due and we will refund any Charges that have been paid by you;
      2. If a Booking is cancelled between 90 days and 61 days before the Party Date, 25% of the Charges shall be retained by us (or paid by you) and we shall refund to you any balance held by us;
      3. If a Booking is cancelled between 60 days and 31 days before the Party Date, 50% of the Charges shall be retained by us (or paid by you) and we shall refund to you any balance held by us;
      4. If a Booking is cancelled 30 days or less before the Party Date, 100% of the Charges shall be paid by you and no refund shall be made.
    3. We shall invoice you for any cancellation charges where such amounts have not already been paid by you. Cancellation charges shall be due within 7 days of the date of invoice.
  7. Our rights to cancel the Booking
    1. We may cancel the Booking at any time on written notice to you and without liability to you and without any obligation to refund sums already paid, if:
      1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Party, or do not comply with your obligations in section 3; or
      3. we become aware that you do not have authority to make a booking and/or that hosting the Party will be in breach of any applicable laws or regulations.
    2. If, for any reason, we are unable to provide the Services, we shall notify you as soon as possible and, where practicable, we will offer alternative Services at no additional cost to you or, where that is not practicable, we will refund all sums paid by you.
    3. If the Party cannot take place due to Covid-19 lockdown laws, we shall contact you to re-arrange an alternative date with you. Please note that no refund will be payable in such circumstances. Please also note that if you are unable to host the Party due to illness or any other reason, no refund will be payable except where otherwise expressly stated in these Terms.
  8. Price and payment
    1. When you make a Booking, we will take a deposit which shall be 20% of the total Charges. The balance of the Charges shall be payable 21 days before the Party Date. All Charges are inclusive of VAT.
    2. We take all reasonable care to ensure that the prices displayed on the Website are correct. However, as we use a number of Suppliers and the prices are dependent upon a number of factors including compliance with your obligations, we may need to make changes to the Charges after we have received your Booking. We shall confirm the changes by email. If you do not agree to the changes, you shall be entitled to cancel the Booking by giving us notice of cancellation in writing within 7 days of receipt of the email. Please note that this right of cancellation does not apply where there is a change to the Charges as a result of additional Party Items requested by you or any other change to your Booking made by you.
    3. Some of the prices on the Website are based on a specified number of guests such as our food platters. It is your responsibility to select the correct party items for the number of guests attending your Party and we shall not be liable if the Party Items we supply to you are insufficient for your requirements.
    4. We will pass on changes in the rate of VAT. If the rate of VAT changes between the date of your Booking and the Party Date, we will adjust the rate of VAT that you pay, unless you have already paid the Charges in full before the change in the rate of VAT takes effect.
    5. Most delivery charges are included in the Charges but there are additional delivery and collection fees for some of our party items. Details of any additional fees for delivery or collection are set out in the FAQs in the How it Works section of the Website and will be as displayed to you in your basket during the checkout process on our Website.
    6. If you do not make any payment due to us (including any cancellation charges) by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    7. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  9. Refunds
    1. Where a refund is payable to you, we will make the refund to you as soon as possible.
    2. . Refunds will be made to your account details that we will request from you.
  10. Our responsibility for loss or damage suffered by you
    1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our failure or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
    2. Our liability to you whether in contract, tort (including negligence), breach of statutory duty or otherwise arising under or in connection with the contract shall not exceed the total amount paid by you for the relevant Party.
    3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors (including Staff and Suppliers); for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.
    4. We are not liable for any of the following:
      1. Loss or damage which arise as result of not following or complying with, any instructions or requirements we have notified to you, including those of our Suppliers;
      2. Loss or damage due to the unsuitability of the Premises;
      3. Loss or damage which arise as a result of the instructions you have provided to us;
      4. Loss or damage caused by you, your guests or any third party who is not employed or otherwise engaged by us, including any suppliers that you engage directly;
      5. Any element of the Party that is not provided by us, including any food, wine, beverages;
      6. Management of the Party. Whilst we will supply the Party Items, we are not event managers and we are not running your Party for you;
      7. Loss or damage to the Premises or property that is not caused by us, the Staff or a Supplier or that is pre-existing; and
      8. Business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any indirect or consequential loss, or any loss of profit, loss of business, loss of contracts, business interruption, or loss of business opportunity, in all cases whether such loss is direct or indirect, foreseeable or known.
    5. Nothing in these terms will affect your legal rights as a consumer. For further information about your legal rights contact your local Citizens Advice Bureau or Trading Standards.
    6. You shall, indemnify, defend, and hold us harmless from any losses, costs, damages, liabilities, and expenses, arising out a third-party claim (including from that of any of our Staff or Suppliers) related in any way to:
      1. your failure to comply with any of these Terms;
      2. your failure to follow or comply with any instructions or requirements we have notified to you, including those of our Suppliers;
      3. loss of or damage to the Equipment that is not caused by us, the Staff or Suppliers; and
      4. the negligence of you or any of your guests at the Party.
  11. How we may use your personal information
    1. We will only use your personal information as set out in our Privacy Policy.
  12. Events outside of our reasonable control
    1. We shall not be liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure result from any circumstance not within our reasonable control including, without limitation:
      1. acts of God, flood, drought, earthquake or other natural disaster;
      2. epidemic or pandemic including the Covid-19 pandemic;
      3. terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
      4. nuclear, chemical or biological contamination, or sonic boom;
      5. any law or any action taken by a government or public authority;
      6. collapse of buildings, fire, explosion or accident;
      7. extreme weather conditions, including lightning;
      8. non-performance by Suppliers or subcontractors; and
      9. interruption or failure of utility service, including power loss.
    2. If we believe there will be a delay in accordance with section 12.1, we will contact you as soon as possible to let you know and re-arrange the Party Date, whilst taking steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused but if there is a risk of substantial delay, you may contact us to cancel the Booking and receive a refund.
  13. Other important terms
    1. We may transfer our rights and obligations under these Terms to another organisation. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
    2. This contract is between you and us. No other person shall have any rights to enforce any of its Terms.
    3. These Terms, the Booking and any other terms, conditions and policies referred to within the Terms, constitutes the entire agreement and understanding between us and you and supersedes any prior agreement, draft agreement, arrangement or understanding (whether in writing or not and whether express or implied) between us and you relating to the same.
    4. You acknowledge and agree that you are not entering into a contract for us to provide the Party in reliance upon any statement or representation not incorporated into the contract.
    5. No variation of the contract shall be binding unless in writing and agreed by both parties.
    6. Each of the section of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
    7. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the Services, we can still require you to make the payment at a later date.
    8. These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England. If you live in Scotland, you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.