References to “we”, “us” or “our” are to Theme Traders and references to “you” or “your” are to the Client and other defined words are as defined in the complete terms and conditions at the bottom of the page.

1. You must provide us with sufficient time and access, as advised by us, to perform the Installation Services.
2. You are responsible for acquiring any necessary permission, consents or licences to allow us to perform the Installation Services and we will assess the Venue for suitability and if we deem the Venue is unsuitable for our Installation Services our decision will be final.
3. We may charge you if you extend or alter timings of your event or change the Venue for which the quotation was originally provided.
4. We must receive full payment from you in cleared funds 7 days before performance of the Installation Services and you must pay full fee in the event of cancellation or postponement by you.
5. We will use our artistic licence and interpretation in performing the Installation Services and we may provide a substitute if Props and Services are unavailable. Please note that any dimensions supplied for Props and Services are approximate only.
6. Our collection or delivery note is final and conclusive evidence of collection by or delivery to you.
7. The Props may only be used indoors unless we agree otherwise.
8. You must insure the Props from despatch/ delivery by us until such Props are received back by us
9. You are responsible for health and safety relating to Props and Services at the Venue.
10. You must pay for all losses, damage and any cleaning costs in full and these sums will be charged to your credit card.
11. We accept no liability for indirect or consequential loss. Any liability is limited to a refund for the element for which that liability arises only.

Hire

Hire Props are hired to one location only. If you wish to take the Props to a separate location this will constitute a separate hire and you will be charged accordingly.

We may require you to pay a deposit for the Props, which will be determined by us and will be retained by us in the event of loss or damage to the Props.

You are responsible for acquiring any necessary permission and consents in respect of the use of the Props and ensuring the Props are stored and used in accordance with all laws and regulations. Please keep Props away from heat sources as some Props may be flammable.

Our Props will have signs of wear and tear and are supplied “as seen”. You may inspect the Props prior to placing your order by providing us with reasonable notice and at a time agreed by us.

We may supply a reasonable substitute for Props in the event of unavailability.

We must receive full payment upon confirmation unless alternate payment options have been agreed in writing upon booking. No refunds will be issued in the event of cancellation or postponement by you.

If we agree to deliver and/ or collect: (8.1) We will deliver to and collect from ground floor loading bay unless we agree otherwise; and (8.2) Only one delivery person will be provided. You may be required to assist with the off loading and uploading of Props. You will be liable for any damage caused by you whilst you load the Props.

If you are not present for delivery and/or collection, our collection or delivery note is final and conclusive evidence of the amount of Props and quality of the Props collected or delivered. If you are arranging collection or return, suitable transport must be provided. We will refuse to release Props to unsuitable transport. You must test electrical Props before use and only use electrical Props in conjunction with a Residual Current Device (RCD).

Props must only be used indoors unless we agree otherwise.

You must insure the Props from despatch/ delivery by us until such Props are received back by us.

You must pay for all losses and damage in full and these sums will be charged to your credit card.

Title in the Props shall remain with us at all times.

Props must be returned and repackaged in same condition as they were received.

Our hire charge is payable even if the Props are returned unused and Props not returned by the due date, advised to you by us, will be charged at our standard daily rate

Transhipment couriers are not permitted to be used.

Production & Installation

The contract is finalised when we send an acknowledgement to you. Prices or quotations are exclusive of VAT and do not constitute an offer by us to you until we have confirmed in our Acknowledgement that our price is final.

You must provide us with sufficient time and access, as advised by us, to perform the Installation Services.

You are responsible for acquiring any necessary permission, consents or licences to allow us to perform the Installation Services and we will assess the Venue for suitability and if we deem the Venue is unsuitable for our Installation Services our decision will be final.

We may charge you if you extend or alter timings of your event or change the Venue for which the quotation was originally provided.

We must receive full payment upon confirmation unless alternate payment options have been agreed in writing upon booking. No refunds will be issued in the event of cancellation or postponement by you.

We will use our artistic licence and interpretation in performing the Installation Services and we may provide a substitute if Props and Services are unavailable. Please note that any dimensions supplied for Props and Services are approximate only.

Our collection or delivery note is final and conclusive evidence of collection by or delivery to you.

The Props may only be used indoors unless we agree otherwise.

You must insure the Props from despatch/ delivery by us until such Props are received back by us.

You are responsible for health and safety relating to Props and Services at the Venue.

You must pay for all losses, damages, cleaning costs, additional costs in full and these sums will be charged to your credit card.

We accept no liability for indirect or consequential loss. Any liability is limited to a refund for the element for which that liability arises only.

1 DEFINITIONS AND INTERPRETATION

1.1 In these Terms and Conditions the following definitions apply:
“Acknowledgement”
the written acknowledgment of order sent by Theme Traders to the Customer;

“Additional Services”
any additional services required by the Customer including but not limited to marquees, lighting, sound, caterers, performers and/or contractors.

“Approvals”
has the meaning given to it in clause 4.2;

“Commencement Date”
the date specified in the Acknowledgement for the commencement of the provision of the Services by Theme Traders;

“Confidential Information”
the confidential information referred to in clause 10;

“Contract”
the Customer’s offer to Hire or purchase Installation Services, subject to these terms and conditions and Theme Traders’ acceptance of that order as evidenced by the Acknowledgement;

“Duration”
the period starting when the Props are dispatched to the Customer by Theme Traders and ending when they are returned to Theme Traders’ premises by the Customer;

“Hire”
the hire of the Props to the Customer by Theme Traders as set out in the Acknowledgement;

“Installation Services”
the provision of services to the Customer by Theme Traders including but not limited to the installation of Props at the Venue and the provision of any Additional Services as set out in the Acknowledgement;

“Venue”
the venue at which Theme Traders will provide the Installation Services and/ or the venue at which the Props will be used by the Customer, as such venue is specified in the Acknowledgement;

“Price”
the price payable by the Customer for the Services as set out in the Acknowledgement;

“Props”
any and all materials developed, created or supplied by Theme Traders or its employees and provided in relation to the Services;

“Return Date”
the date on or before which the Customer is required to return the Props supplied under Hire as specified in the Acknowledgement;

“Services”
the Hire and/ or Installation Services and/ or Additional Services; and

“Terms”
these Terms and Conditions.

“Working Day”
any day which is not a [Saturday, a Sunday or a bank or public holiday in England];

2 THE CONTRACT

2.1 The Acknowledgement forms part of the Contract and shall have effect as if set out in full in the body of these Terms.

2.2 These Terms and the Acknowledgement contain the only terms and conditions which shall apply to the provision of the Services by Theme Traders to the Customer to the entire exclusion of all other terms and conditions.

2.3 Any prices shown on Theme Traders’ website or literature and any quotations provided by Theme Traders do not constitute a legally binding offer by Theme Traders.

2.4 The Contract shall come into force when Theme Traders sends an Acknowledgement to the Customer subject to the Customer obtaining necessary Approvals as provided in clause 4.2.

3 PERFORMANCE BY THEME TRADERS

3.1 The Customer agrees that the supply of the Services will be subject to Theme Traders’ reasonable artistic licence and interpretation.

3.2 The provision of Props and Installation Services is subject to availability and Theme Traders reserves the right to provide reasonable alternative Props and/or Services in the case of unavailability of the Props and/or Services specified in the Acknowledgement.

3.3 The Customer agrees that Theme Traders may, without liability, omit, change or move any element of the Services as Theme Traders reasonably considers necessary on the grounds of health and safety.

3.4 If Theme Traders has agreed to deliver and collect the Props under Hire, delivery and collection shall take place at a ground floor loading bay of the Venue (subject to clause 4.4) by one delivery person unless otherwise agreed by Theme Traders in advance.

3.5 If the Customer is not present when the Props or Installation Services are collected or delivered, Theme Traders’ delivery or collection note (as relevant) will be conclusive evidence of the amount of Props collected or delivered and the quality or state of such Props.

4 OBLIGATIONS AND ACKNOWLEDGEMENTS OF THE CUSTOMER

4.1 The Customer shall ensure that the Venue is suitable for the Services including but not limited to the size of the Venue, and the technical facilities available to accommodate provision of the Services by Theme Traders.

4.2 The Customer shall ensure that any approvals, permission or consents, that may be required in relation to the performance of the Contract (“Approvals”), shall be acquired before the Commencement Date and evidence of such provided to Theme Traders on request.

4.3 If the Customer is arranging collection of the Props from Theme Traders’ premises, the Customer shall ensure that suitable transport is provided for the collection of such Props and Theme Traders reserves the right to refuse to release the Props if in its reasonable opinion such transport is unsuitable or inadequate.

4.4 In the case of Installation Services and in the case of Hire, where Theme Traders is responsible for delivery and/or collection of the Props, if traffic regulations or similar provisions prohibit access to the ground floor loading bay of the Venue, the Customer must ensure that alternative arrangements are made for the delivery and/or collection (as appropriate) to provide safe and suitable access at the point of delivery.

4.5 The Customer shall ensure that the Props are:
4.5.1 only used indoors unless otherwise stated or agreed in writing in advance by Theme Traders;
4.5.2 kept away from direct heat sources and the Customer acknowledges and agrees that flammable materials may have been used in the production of the Props.

4.6 In the case of the Installation Services, the Customer shall:
4.6.1 provide full and accurate technical details of the Venue and access to the Venue as required by Theme Traders prior to the Commencement Date. Theme Traders shall be entitled to terminate the Contract without liability if, in Theme Traders’ reasonable opinion, the results of those technical details are unsatisfactory;
4.6.2 ensure that Theme Traders is provided with safe and reasonable access to the Venue to carry out the Installation Services including but not limited to ensuring that all health and safety and fire regulations have been met; and
4.6.3 where appropriate, make available to Theme Traders such facilities including power supply and other support as may be reasonably necessary to assist Theme Traders in the performance of the Installation Services including off loading and uploading of the Props at delivery and collection.

4.7 In the case of Hire, the Customer shall:
4.7.1 provide assistance with off loading and uploading of the Props as required by Theme Traders;
4.7.2 ensure that all necessary measures are undertaken at the Venue to ensure that the Hire complies with relevant health and safety and fire regulations;
4.7.3 ensure that any Props of an electrical nature are tested prior to use and only used in conjunction with a Residual Current Device (RCD); and
4.7.4 return the Props cleaned by the Return Date repackaged and in the same condition as they left Theme Traders’ premises.

4.8 The Customer acknowledges that Props are not new and may have signs of reasonable wear and tear.

4.9 The Customer acknowledges that any dimensions supplied by Theme Traders in relation to the Props and Services are approximate only.

4.10 The Customer acknowledges that the Props remain the property of Theme Traders at all times. Risk in the Props shall pass to the Customer on despatch/delivery (whichever is earlier) and shall pass from the Customer to Theme Traders upon delivery back to Theme Traders.

5 PRICE AND PAYMENT

5.1 We must receive full payment upon confirmation unless alternate payment options have been agreed in writing upon booking.

5.2 The Price is net of Value Added Tax. The Customer shall pay Value Added Tax at the rate of 20% or such other prevailing rate in addition to the Price.

5.3 Theme Traders may increase the Price if the Customer changes the Venue or the Event Duration, which have been agreed with Theme Traders.

5.4 The Customer shall pay a security deposit for the Goods as set out in the Acknowledgement to cover the risk value of the Goods (“Deposit”). Such Deposit shall be repaid to the Customer if and to the extent that it returns the Props on or before the relevant Return Date in the same condition as on the Commencement Date.

5.5 In the case of Hire:
5.5.1 the Price is for one Venue only. Additional Venues will be subject to an additional charge determinable by Theme Traders.
5.5.2 the Customer shall pay the Price, notwithstanding that Props may be returned unused;
5.5.3 if the Customer fails to return the Props on or before the Return Date, the Customer shall pay, in addition to the Price, hire charges at the daily rate payable under the Contract;
5.5.4 the cost of delivery to and collection from the Venue of the Props is not included in the Price but is payable in addition to the Price as set out in the Acknowledgement.

5.6 The Customer agrees that the Customer shall pay the Price notwithstanding that part or all of the Services are unable to be completed by Theme Traders as a result of access to the Venue or the time available to access the Venue being limited, failure of lifts or any other event occurring at the Venue which results in Theme Traders’ becoming unable to complete the Services.

5.7 If the Customer fails to pay any amount payable by it under these Terms, Theme Traders shall be entitled to charge the Customer interest on the overdue amount, from the due date up to the date of actual payment, after as well as before judgement, at the rate of 8% per annum above the base lending rate for the time being of the Bank of England.

6 OWNERSHIP of INTELLECTUAL PROPERTY RIGHTS

Theme Traders reserves all rights in its intellectual property of any nature whatsoever including without limitation copyright, and design rights and the Customer shall not be entitled to any intellectual property rights arising out of the provision of the Services. The Customer shall not release photographs, designs, quotations, drawing and recordings to any third party for any commercial purpose without the prior written consent of Theme Traders.

7 DISPLAY MARKETING

The Client hereby gives permission for Theme Traders to display any event images and video included in this contract in Theme Traders marketing material, including case studies, literature, exhibitions, advertising, competitions, magazines and on websites, unless an Non Disclosure Agreement has been signed by both parties at time of contract. No use of any of the images will be used for other commercial reasons, except with written permission from the Client. The above will be considered in accordance with current GDPR legislation.

8 LIABILITY AND INSURANCE

8.1 Theme Traders’ liability for any of the following is not excluded or limited by these Terms (even if any other term of the Terms would suggest otherwise):
8.1.1 death or personal injury caused by Theme Traders’ negligence or the negligence of its employees, servants or agents; or
8.1.2 any other liability which cannot be legally excluded or limited.

8.2 Subject to clause 8.1, Theme Traders shall not be liable to the Customer under or in relation to these Terms (whether such liability arises due to negligence, breach of contract, misrepresentation or otherwise) for any indirect or consequential loss or damage.

8.3 Subject to clause 8.1 and without prejudice to the provisions of clause 8.2, Theme Traders’ liability arising from or in connection with these Terms (whether the liability arises for breach of contract, negligence, or otherwise) shall be limited to a refund of the Price paid by the Customer for that element of the Services to which the liability relates.

8.4 Theme Traders makes no warranty as to the suitability of the Props under Hire for the intended use by the Customer unless otherwise agreed by Theme Traders.

8.5 Theme Traders accepts no responsibility for the condition of the Props or completeness of the order if the Customer is not present for delivery or collection.

8.6 The Customer shall be liable for any loss or damage to the Props or Theme Traders’ other property whilst it remains in the possession of the Customer.

8.7 The Customer agrees that Theme Traders shall be entitled to charge all loss and/or damage (including costs of cleaning if relevant) to the Props to the Customer’s credit card number provided by the Customer during the order process and, in the case of Hire, be immediately entitled to retain the Deposit towards such charge.

8.8 The Customer shall take out, for the Event Duration, sufficient insurance to cover the full replacement cost of the Props and the Customer shall, upon request by Theme Traders, provide copies of such insurance cover to Theme Traders together with evidence that policy premiums have been paid to date.

8.9 The provisions of this clause 8 shall survive the termination or expiry of these Terms for any reason.

9 TERMINATION

9.1 Without prejudice to any other rights to which it may be entitled, Theme Traders may immediately terminate the Contract if:

9.1.1 any proceedings are commenced relating to the insolvency or possible insolvency of the Customer; or
9.1.2 the Customer commits a breach of any of the Terms; or
9.1.3 the Customer suffers or allows any execution, whether legal or equitable, to be levied on his property or obtained against him, or fails to perform any of his obligations under these Terms.

9.2 If the Customer seeks to amend, cancel or postpone the provision of the Services following the execution of a Contract, the Customer shall still be liable to pay the Price in full unless otherwise agreed by Theme Traders.

9.3 On termination of the Contract:
9.3.1 the Customer shall return to Theme Traders the Props and any other property of Theme Traders the Customer then has in its possession or control including without limitation any Confidential Information belonging to Theme Traders; and
9.3.2 Theme Traders shall be entitled to enter the Customer’s premises at any time in order to recover any equipment and materials which are the property of Theme Traders and the Customer irrevocably licenses Theme Traders and its employees to enter any such premises for that purpose.

9.4 In the event of any form of aggressive/bullying/offensive/discriminatory behaviour by the customer, Theme Traders reserves the right to immediately terminate the contract without notice or recourse.

10 FORCE MAJEURE

10.1 If Theme Traders is prevented or delayed in the performance of any of its obligations under the Contract by any cause which arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including but not limited to strikes, lock-outs or other industrial disputes, unavailability of raw materials, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, transport disruption, fire, flood, storm, terrorist attack, nuclear, chemical or biological contamination or sonic boom, then it shall have no liability in respect of the performance of such of its obligations as are prevented by those events.

11 CONFIDENTIALITY

11.1 The Customer will keep in strict confidence all technical or commercial know-how, specifications, drawings, quotations, inventions, processes or initiatives which are of a confidential nature and which have been disclosed to the Customer by Theme Traders or its agents and any other confidential information concerning Theme Traders’ business or its products which the Customer may obtain. The Customer will restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know the same and will ensure that such employees, agents or subcontractors are subject to equivalent obligations of confidentiality as bind the Customer.

12 ASSIGNMENT

12.1 The Customer shall not without the prior written consent of Theme Traders assign or transfer the Contract or any part of it to any other person.

13 GENERAL

13.1 Any notice or other document to be served under the Contract must be in writing and may be delivered, sent by prepaid first class letter or email.

13.2 Any notice or demand shall be deemed served, if delivered, at the time of delivery, if posted, 48 hours after, if email within 1 hour of sending.

13.3 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, unenforceable or unreasonable it will, to the extent of such illegality, invalidity, voidness, unenforceability or unreasonableness, be deemed servable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

13.4 Failure or delay by either party in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.

13.5 Any waiver by either party of any breach of, or any default under, any provision of the Contract by the other party will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.

13.6 A person who is not party to the Contract will have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. This clause
13.6 does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

13.7 The Contract shall be governed by and construed in all aspects in accordance with English law.

13.8 Subject to clause 13.9 the parties submit to the exclusive jurisdiction of the English courts and agree that (subject to clause 13.9), in respect of proceedings in England and any other jurisdiction, process may be served on either of them in the manner specified for notices in clause 13.1 and 13.2 above.

13.9 Nothing in this clause 13 shall limit the right of Theme Traders to take proceedings against the Customer in any other court of competent jurisdiction nor shall the taking of proceedings in an one or more jurisdiction preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.