1. QUOTES
Quotations are valid for 14 days from the date of issue.
2. ACCEPTANCE
2.1. A contract will come into existence between Boozy Events and the Client when the client confirmed by email, post or message that the Quotation and/or these Terms and Conditions are agreed, or paid the non-refundable deposit or acknowledges and accepts an email with these Terms and Conditions attached, whichever is earliest (the “Contract”).
2.2. In the case of short notice events Boozy Events reserves the right to proceed on verbal acceptance from the Client.
2.3. All event details and timings must be confirmed no later than three days prior to the event.
3. NUMBERS
All prices are quoted for a specific number of guests and any change in numbers can affect the drink price, equipment hire and staffing costs. Where an event has been quoted on a ‘per person’ basis and should guest numbers fall by 10% or more from the initial quote, we reserve the right to charge a supplement. If numbers should increase, we reserve the right to re-quote.
4. DEPOSITS / CANCELLATION
4.1.A. For a live in-person event a non-refundable deposit of at least £150 is payable by the client upon the Client accepting the Quotation or these Terms and Conditions whichever is earliest in accordance with clause 2 to confirm acceptance of the event and put a placeholder in the diary.
4.1.B. For a live online event full payment of the invoice is payable by the client upon the Client accepting the Quotation or these Terms and Conditions whichever is earliest in accordance with clause 2 to confirm acceptance of the event and authorise the goods for dispatch.
4.2. If the deposit (a) or full payment (b) is not paid in full 14 days prior to the event, Boozy Events cannot guarantee the services.
4.3. Boozy Events requires notice in writing no less than 7 days prior to the date of the event of a cancellation of this Agreement. Failure to do so will result in full payment of the outstanding fees being due and payable immediately to Boozy Events.
4.4. A cancellation of a live online event where no goods have been dispatched a full refund can be made when notified 21 days prior to the event, after which we reserve the right to charge an administration and re-stock fee of 25% of the total order value.
4.4.1 When goods have been dispatched we comply with the statutory distance selling regulations where a return of the goods within 14 days of notifying us of the cancellation is required to receive a full refund.
4.4.2 We cannot accept the return of perishable and other items that deteriorate rapidly, such as fresh fruit or personalised goods, sales of these items are final.
5. PAYMENT
5.1. All remaining fees including VAT are payable before the event unless a prior written agreement of credit is in place in accordance with clause 6. Please note that we do not accept cheques and an admin charge will be applied to all payments made in cash. Any additional services are included in a post-event invoice which you agree to pay upon accepting the quotation.
5.2. Boozy Events shall invoice the Client for the remaining sums and any additional sums due within 7 days of the event, which shall be payable within 28 days of the date of the invoice.
5.3. If the Client fails to make any payment under this Agreement by the date due for payment, then the Client shall pay interest on the overdue amount at the rate of 5% per annum above the base rate of the Bank of England. Such interest shall accrue on a daily basis from the due date until the actual payment of the overdue amount.
6. CREDIT AGREEMENT
Should you require a credit agreement for your event(s) this must be agreed upon prior to the event in writing. A credit check will be carried out on all companies who apply for credit. We do not accept credit applications from private clients or sole traders.
7. CLIENT RESPONSIBILITIES
7.1. The Client confirms and warrants that:
7.1.1. the terms of the Booking are complete and accurate, and the Client will pay in accordance with the price and payment conditions of these Terms and Conditions;
7.1.2. It shall provide Boozy Events, its employees, agents, consultants and subcontractors with access to the premises set out in accordance with the Quotation where the services are to be delivered;
7.1.3. it shall prepare the premises for the supply of the services and obtain and maintain all necessary licences, permissions and consents which may be required for the services before the date on which the services are to start;
7.1.4. It shall make adequate arrangements for parking for Boozy Events and ensure that adequate loading facilities are provided;
7.1.5. Under no circumstances shall Boozy Events be held responsible for any difficulties with parking or loading that result in delays or cancellation to service;
7.1.6. comply with all applicable laws, including health and safety laws; and
7.1.7. If the service is not carried out or the service is carried out to below standard as a result of the venue restrictions, the Client will still be liable for the total fees.
7.2. If Boozy Events’ performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Client or failure by the client to perform any relevant obligation (Client Default):
7.2.1. Without limiting or affecting any other right or remedy available to it, Boozy Events shall have the right to suspend the performance of the services until the client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations in each case to the extent the Client Default prevents or delays Boozy Events’ performance of any of its obligations;
7.2.2. Boozy Events shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from Boozy Events’ failure or delay to perform any of its obligations as set out in this clause 7.2; and
7.2.3. The Client shall reimburse Boozy Events on written demand for any costs or losses sustained or incurred by Boozy Events arising directly or indirectly from the Client Default.
7.3. The client will ensure that
7.3.1. All receivers will be aware that packages are being sent to them by Boozy Events and will cooperate with couriers and customs officials’ requests for paperwork, identification or information related to the delivery of the packages.
7.3.2. When Delivered Duties Paid (DDP) is not selected for shipping, the receivers will have means of payment for all applicable duties, taxes and fees relating to the delivery upon delivery.
7.3.3. Accurate shipping details are provided to Boozy Events. See section 22.1 for extra charges relating to changes of address after dispatch.
8. LOSS / DAMAGE
When Boozy Events are not present The Client is wholly responsible for all equipment, stock, hired equipment, glassware and bars from the time of delivery until it is collected. Any breakage, loss or damage caused by the Client or the Client’s guests will be charged at the full replacement cost.
9. INDEMNITY
The client will be responsible for and will indemnify Boozy Ventures Limited fully against any and all claims, costs, loss, damages or liability arising due to any negligent act or default of the Client (whether directly or indirectly) or of any person for whom the client is responsible.
10. FORCE MAJEURE
No liability is accepted for failure of performance due to strike, lockout, accidents, fire, floods, ice, obstruction or other such events beyond the control of Boozy Ventures Limited
11. LIMITATIONS OF LIABILITY
11.1. Boozy Events shall not be liable to the Client, whether in Contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for: loss of profits; loss of sales or business; loss of agreements or Contracts; loss of anticipated savings; loss of or damage to goodwill; and any indirect or consequential loss.
11.2. Boozy Events’ total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Contract shall be limited to the total amount paid to Boozy Events as the time of a claim by the Client.
11.3. The terms implied by section 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
11.4. This clause 11 shall survive termination.
12. WASTE
The Client shall be responsible for the removal of all waste of Boozy Events in delivery of the services unless otherwise agreed in writing signed by both parties.
13. COCKTAILS
13.1. In-person events.
13.1.1 Due to the fresh nature of our cocktails, the client shall provide a correct and accurate figure of the number of drinks or guests depending on whether the event has been billed per drink or per person to be prepared by Boozy Events in order to deliver the services prior to the event.
13.1.2. Boozy Events will carry an additional 10% of the figure given by the client in accordance with clause 13.1.1 to the event. If the client requires to use the additional 10% then an additional cost will be charged at the quoted rate on the day of the event with Boozy Events and included in the Clients final invoice.
13.2 Virtual events
13.2.1 Due to the fresh nature of our cocktails and shipping restrictions guests will be required to source their own fresh fruit and occasionally other items for the class. Where possible Boozy Events will supply these items. In all circumstances Boozy Events will advise the client of what is needed.
14. NON-SOLICITATION/EMPLOYMENT
14.1. A Client that wishes to offer employment to any employee of Boozy Events whilst such employee is assigned to the Client to carry out services shall pay to Boozy Events a fee of 20% of that employee’s gross annual salary and taxable emoluments (“the Introduction Fee”).
14.2. Notwithstanding clause 14.1, should Boozy Events fail to provide the employees gross annual salary to the Client, the Client shall be liable to pay the Introduction Fee based on the employee’s estimated annual salary.
14.3. In the event a Client passes on a employee of Boozy Events details to a third party who subsequently offers employment to the employee, the Client shall be liable to pay the Introduction Fee.
14.4. In accordance with this clause 14, the estimated annual salary shall be calculated as: [the employee’s hourly rate] x twenty hours (20) x fifty-two (52).
15. BARTENDERS
Bookings are for a minimum of 4 hours. Should we be asked to extend the working hours agreed in the quote, additional hours will be charged at the rate quoted by Boozy Events and shall be payable in accordance with clause 5.
16. TRANSPORT
16.1 Taxis may be required for staff working later than 21:00 and will be charged for on the final invoice in accordance with clause 5.
16.2 The receiver is legally responsible for the payment of import duties and taxes to their local government or tax office.
16.2.1 For some locations, we can pre-pay taxes and import duties. But if the local office requests payment of import duties or taxes from the receiver for the package to be released the receiver must pay these to release the shipment and a refund for the pre-paid duties will be offered.
16.3 If the receiver rejects a shipment for any reason, a refund for the goods and shipping costs will not be provided unless the goods are returned to us in a re-usable condition.
16.4 We will take reasonable steps to inform the receiver that taxes are due to be paid and will take reasonable steps to assist the receiver in paying the legally required taxes.
17. NO PARTNERSHIP OR AGENCY
Nothing in these Terms and Conditions is intended to or shall be deemed to establish any partnership or joint venture between the Client and Boozy Events.
18. THIRD PARTIES
A person who is not a party to these Terms and Conditions shall not have any rights to enforce its terms.
19. VARIATION
Except as set out in these conditions, no variation of this Agreement, including the Booking or these Terms and Conditions, shall be effective unless it is agreed in writing and signed by Boozy Events.
20. SEVERANCE
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
21. ENTIRE AGREEMENT
21.1. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
21.2. Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
21.3. Nothing in this clause shall limit or exclude any liability for fraud.
22. EXTRA CHARGES
Some actions incur costs which will be passed on to the client.
22.1 Virtual Events: Change of address after dispatch (£5.00), Package unclaimed from courier without notifying Boozy Events (£12.00), Re-ship of the returned package (Billed at quoted courier prices).
23. LAW OF CONTRACT
The Contract and any dispute or claim (including non-Contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of Scotland.
24. JURISDICTION
Each party irrevocably agrees that the court of Scotland shall have exclusive jurisdiction to settle any dispute or claim (including non-Contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.