Blooming Events Hire Limited – Terms and Conditions
Last updated April 2023.
These are the terms and conditions (“Terms”) between Blooming Events Hire Ltd, a company registered in Northern Ireland under company number NI695863 with its registered office at 85 Priory Park, Belfast, BT10 0AG (“we”, “us” or “our”), and “you”, the individual or company who has engaged us to hire our goods and accepted these Terms by placing the Order and paying the Deposit. In these Terms, you and we are the “parties” and individually, a “party”.
1. Definitions
We’ve used the following definitions to help us explain the key terms:
“Contract” means the contract for the hire of the Hired Products by you from us, as explained in Clause 2;
“Deposit” means the non-refundable sum payable at the time of your Order that is required to secure your Order;
“Event” means the event you have booked that you have hired the Hired Products for;
“Hire Period” means the period for which you will hire the Hired Products from us;
“Hired Products” means the products supplied by us and hired by you under these Terms;
“Price” means the total price payable for the hire of the Hired Products;
“Order” means your order for the Hired Products; and
“Venue” means the venue where your Event is being held, which for the avoidance of doubt may be more than one location.
In these Terms, when we say “writing”, we also mean emails or other electronic messages. And when we use singular words, it can also include plural, and vice versa, if it makes sense.
2. The Contract
These Terms explain the terms under which you have agreed to hire the Hired Products from us and will form the basis of the Contract between us and you. Before you complete your Order, please make sure you’ve read these Terms carefully and certainly let us know if you have any questions at all.
It’s important you understand that nothing we provide to you, including without limitation our sales and marketing literature, price lists and other documents, are offers that you can accept.
Once we accept your Order, you pay the Deposit, we will then have a legal agreement between you and us. It is at that point that you have secured the Hired Products for the Event, and we can’t secure the Hired Products for your Event until that happens.
3. Your Order and Rules of Hire
When you place your Order, there’s certain information we’ll need from you, such as:
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The date you would like to hire the Hired Products for
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The location of the Venue
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Your contact details, or any responsible person who will be at the Event
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The time you need us to arrive at the Venue with the Hired Products.
We have rules that apply to your hire and use of our Hired Products:
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We have an extensive and ever expanding range of neon signs to choose from. Only neon signs provided by us can be added/affixed to any Hired Products. We do not supply any personalised neon signs or permit the use of these with any of our Hired Products.
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No other electrical items can be added to our Hired Products, including extension leads.
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If applicable, we must be provided with sufficient electrical power points or electric supply.
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No other supplier or florist are authorised to add or attach any additional items, decor or flowers to our frames/items.
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Once set up, larger items, such as arches and backdrops, cannot be moved unless agreed otherwise by us.
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You must not tamper with the structure or any part of the Hired Products, such as by affixing or suspending any item from the Hired Products without our prior written consent and/or supervision. We reserve the right to charge you for additional labour or materials to rectify anything you have done contrary to this restriction without our prior consent or and/or supervision.
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Blooming Events Hire Limited does not supply real flame candles. We have invested in an extensive range of ultra realistic artificial candles with a vast range of holders which we are more than happy to supply as part of our package deals.
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DISCLAIMER: Please note the Hired Products including but not limited to silk/artificial/dried florals should not be assumed to be fire resistant and therefore as a condition of hire these are not permitted to be located in proximity to any source of ignition. You agree not to use any lighting, heating, cooking or other gas or electrical appliances of any kind within or close to the Hired Products without the prior written consent of Blooming Events Hire Limited. You also agree not to light, or allow to be lit, any fire, candle or other naked flame within or close to the Hired Products without the prior written consent of Blooming Events Hire Limited. In addition to accepting this disclaimer, you agree to communicate this with the Venue, including if required both the wedding ceremony and wedding reception venues. The Hired Products remain your responsibility until they are collected by us. The Hired Products must be kept dry and secure until we return to collect them.
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All Hired Products remain our property and are for hire only. They should not be removed from the Venue and must not be sold on. The only items that you are permitted to keep are the items within the Bouquet Packages, such as bouquets, buttonholes, corsages, flower girl accessories.
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We are happy to set up certain Hired Products outdoor. However, if doing so you must agree to the two following conditions:
1. Set-up of Hire Products outdoors is subject to weather conditions on the day of the event. You understand that this is not always achievable due to adverse weather conditions, including but not limited to snow, rain or heavy winds. We will endeavour to fulfil the outdoor set-up however if this is not possible you agree to allow us to identify a suitable alternative indoor set-up location. Subject to permission from the Venue and adequate time to do so (minimum 1 hour in advance of the Event starting).
2. If a suitable alternative set-up location is found for the Hired Products, then we consider this these items to be provided and therefore no refund can be given.
As we will be setting up the Hired Products at the Venue, the following also apply:
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It is your responsibility to make the Venue aware that we will be present at the Event to set up the Hired Products, what time we will arrive, and what items we will be supplying.
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You are responsible for arranging with an appropriate person at the Venue to grant us access for set-up prior to the Event, or any part of the Event.
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The Venue must be easily accessible, free from obstructions, hazards or other similar conditions that might affect our availability to deliver and set up the Hired Products.
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If the staff at the Venue move the Hired Products, they do so at their own risk and so they must take care when doing this.
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If the Venue refuses us access to setup a particular Hired Product on the day of the Event, this is not any breach by us of the Contract or any obligation to you. You will not be refunded any sums paid if this happens.
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The Venue must be safe and comply with all necessary regulations, requirements and relevant byelaws, including fire and safety regulations.
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If the above aren’t met, we reserve the right to charge you our additional costs, including without limitation, additional labour, materials or insurances we might need to overcome any undisclosed and/or abnormal conditions that impacts our ability to deliver and set up the Hired Products.
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We are not required to make good any damage to the Venue, or meet the costs of such, unless such damage has been caused by our negligence.
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It is your responsibility to ensure that the Venue has appropriate public liability insurance in place.
4. Consumer Rights
Where you are a consumer and have placed your Order by distance, meaning not in person, but by email, online or by phone, then under consumer legislation, you are entitled to change your mind within 14 days of paying the Deposit and ask for a full refund of your Deposit. An exception is where the Hire Period is within the 14-day cooling off period, and if you choose to go ahead with the Order in this time, you waive your right to the 14-day cooling off period. Any request must be in writing by email, and upon receipt we will cancel the Order and refund you within 14 days of receiving your written request.
5. Changes to your Order
It is possible that after placing your Order, you might want to change the Order. We do have minimum orders in place, so please let us know if you would like to make a change and we will let you know if this is possible.
After placing your Order, you may want to make changes to your booking. Having accepted an Order by making payment, we are unable to offer any refunds for unwanted Hired Products but we can offer exchanges subject to stock availability. Any significant changes to an Order that may result in reducing the value of the Order must be replaced with items of similar value and not less. No refund will be given should there be a deficit on your Order. Items can be added on to your Order as long as they are in stock at any point. However, once you have received your final guest numbers and if your table numbers decrease, the cost of this can be reduced from your original Order.
We reserve the right to substitute a Hired Product for an alternative design i.e. in the event of breakages, delayed returns, lost items as a result of a previous customer order. Any necessary substitutions will be communicated to you as soon as we become aware. We reserve the right to withdraw our acceptance of your Order if the Hired Products requested are not readily available to us and will refund in full any payment you have made.
6. Hire Period
You will choose your Hire Period in your Order.
The Hire Period begins when the Hired Products are delivered to the Event on the date we have agreed with you and will end on the following day when we collect the Hired Products, unless agreed otherwise, all items should be accessible at all times between the hours of 6am – 2pm.
All Hired Products including smaller items, such as the card box, must be retrievable from the earliest time stated above. If we are unable to retrieve any of the Hired Products you will be charged a late collection fee of £100 and must make suitable arrangement to deliver those Hired Products back to our warehouse within 24 hours at your own cost and expense.
If a card box is hired, you agree to empty this at the Venue where it has been set-up and to not remove it from the Venue. We will do our best to arrive at the Venue at the agreed time, but we can’t always guarantee it, such as due to traffic or events outside of our control. We will keep you updated on this, but we won’t be liable to you for any delays in our arrival.
We’re required by law to provide consumers with goods that are of satisfactory quality, fit for purpose, and in accordance with descriptions, samples, models and other pre-contract information provided by us. If you discover any damage (pre-existing) or fault with the Hired Products during the Hire Period, please inform us as soon as is reasonably possible.
7. Fees and Payment
When placing your Order, you will be required to pay a Deposit of £300 to secure your Order.
We will issue our invoice for the balance of the Price (i.e. the full payment less the Deposit) after we have had our final consultation with you and you have confirmed final guest/table numbers. Our invoice is payable no less than 5 working days before the Event, to the account stated on the invoice.
It is possible that we may need to change the Price, to reflect increases in costs we incur in being able to hire the Hired Products to you, or to reflect increased fuel costs we incur in being able to deliver the Hired Products to the Venue. We will notify you by email of any increases in the Price.
8. Cancellation
We understand things change, and so we do have a cancellation policy in place should the worst happen. The bullet points listed below explains the amount you are required to pay us, depending on when you cancel your Order:
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12 months or more before the Event – Amount payable by you = Deposit paid
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Less than seven months but more than or equal to 7 months before the Event – Amount payable by you = 10% of the price
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Less than seven months but more than or equal to 4 months before the Event – Amount payable by you = 30% of the price
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Less than four months but more than or equal to one month days before the Event – Amount payable by you = 50% of the price
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Less than one month before the Event – Amount payable by you = 70% of the price
We will issue our invoice to you for any sums owing, which is payable in pound sterling within 14 days of the invoice, to the account stated on the invoice.
You are strongly advised to take out wedding insurance in order to cover yourselves in the unlikely event of you having to cancel your Event.
9. Loss and Damage
You are responsible for, and will be required to indemnify us for, any loss or damage which may occur to Hired Products during the Event, whether caused by you or any third person.
We will be there at the Event to set up the Hired Products, and these must not be moved by anyone else, unless we have agreed to this.
If we discover any damage or soiling to, or defect in, the Hired Products following collection from the Event, you will be charged the cost of repairing the damage or replacing the Hired Products.
You won’t be responsible for any pre-existing damage to the Hired Products.
10. Our Liability
We’re not liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and us.
We are not responsible for any allergic reaction suffered by you, or any person at the Event including Venue staff, due to the laundry detergent where the Hired Products we use consists of any linen.
Our total liability to you for all other losses arising out of or in connection with the contract for sale between you and us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to directly foreseeable loss if you are a consumer, or the Price if you are a business.
Except to the extent expressly set out in this Clause, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded. Nothing in these Terms seek to limit or exclude our liability for: (i) death or personal injury caused by my negligence (including that of our employees, agents or subcontractors); (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; (iv) defective products under the Consumer Protection Act 1987; or (v) any other matter in respect of which liability cannot be excluded or restricted by law.
11. Events Outside of Our Control (Force Majeure)
We won’t be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. These include, but aren’t limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond Our reasonable control (“force majeure event”).
If any force majeure events occurs that is likely to adversely affect our performance of any of our obligations under the Contract, we will inform you as soon as is reasonably possible. If we are unable to fulfil our obligations to you by hiring you the Hired Products for your Event due to a force majeure event, we will retain your Deposit and we will invoice you for our costs and expenses incurred before the force majeure event, such as the cost of buying materials and resources. Upon payment of that invoice, the Contract between you and us will terminate.
Where we have experienced a serious family emergency or a serious illness that prevents us from carrying out our obligations under the Contract, we will refund you all sums you have paid to us in full and the Contract between you and us will be terminate.
12. Data Protection
We take your privacy seriously and we shall at all times comply with our obligations under data protection legislation. For further information on how we process your personal data, please refer to our privacy and cookie policy.
13. General
Any notices to be served between you and us must be sent by email and the time of delivery will be the time of transmission. Please send any notices to us by email to anna@bloomingeventsni.com/ jonny@bloomingeventsni.com and we will use the email you have given us when you placed your Order. If your contact details change, please let me know. This doesn’t apply to the service of legal proceedings, which can’t be emailed.
We might give our duties and rights to someone else, like if we sell our business. If we do that, we will tell you in writing. But your rights and our promises to you will still be the same, and the new owner will have to follow the same rules.
You’re not allowed to assign your obligations and rights under these Terms (and under the Contract, as applicable) without our prior written consent.
No variation of or addition to these Terms will take effect unless in writing signed by us.
These Terms and the Contract are only between you and us. Nobody else can benefit from it or enforce it.
If any part of these Terms is not legal or can’t be enforced, it will be removed from the Terms. But the rest of the Terms will still be in place and enforced.
If we don’t use one of our rights we’re entitled to under these Terms, it doesn’t mean we’re giving up that right. And if we forgive you for breaking one term, it doesn’t mean we’re forgiving you for breaking other terms in the future.
These Terms, the Contract, and the relationship between you and us (whether contractual or otherwise) is governed by and interpreted under the law of Northern Ireland. Only the Northern Irish courts have any right to hear any claims or disputes between you and us.