Mint Champagne Fountains Terms & Conditions
1: www.mintchampagnefountains.co.uk (the site) is owned and operated by Chocolate Fountains of Devon Ltd (us) to hire champagne fountains (also known as beverage fountains or drinks fountains) in mainland UK to a third party client, the hirer (you).
1.2: The terms contained in this document (Terms and Conditions) apply to all transactions for the hire of beverage fountains from the Site. Please read these Terms and Conditions carefully before ordering from the Site. By ordering any products from the Site you are indicating your acceptance to be bound by these Trading Terms. They form a legal agreement between you and us and can only be amended with our consent. You can print a copy of these Terms and Conditions by selecting the print option from the “File” menu of your browser.
2: Ordering
2.1: All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.
3: Prices and Payment
3.1: The prices for goods and services displayed for sale are Mint Champagne Fountains prices. Prices displayed are valid and effective only in the United Kingdom. Mint Champagne Fountains cannot accept your order until you have paid an agreed deposit or the full hire charge including delivery charge. Upon payment, we will confirm acceptance of your order by email or mail which will be sent to the appropriate address provided on your order details. Whether or not you receive the mail or email of our acceptance of your order, the receipt of payment will create a legally binding contract between us. We reserve the right not to supply you at our discretion. All champagne fountains remain the property of Chocolate Fountains of Devon Ltd. Credit and Debit Card Payments: All card payments are processed by Chocolate Fountains of Devon Ltd.
3.2: By using a credit/debit card to pay for your order, you confirm that the card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
3.3: We reserve the right to alter prices for the hire and delivery at any time and offer discounts to specific clients at our discretion. We reserve the right to place additional charges where we see fit.
4 Security Deposits
4.1: We reserve the right to request a returnable security deposit at our discretion. The security deposit may take the form of a cheque deposit that may or may not be cashed at our discretion. Should the fountain be returned damaged or not returned at all, the cheque deposit may be used to cover some or all of the costs incurred by us including the loss of future hire revenues.
4.2: We reserve the right to request a credit or debit card security deposit at our discretion. The deposit will be requested with the card issuer before the fountain hire but will not be debited from the card until after the hire period is completed. Should the fountain be returned damaged or not returned at all, the security deposit will then be transacted with the card issuer. The credit card or debit card deposit may be used to cover some or all of the costs incurred by us including the loss of future hire revenues.
4.3: We reserve the right to request further payments should the fountain be returned damaged or not returned at all where the security deposit does not cover all of the costs and loss of revenue incurred by us.
5 Cancellations and returns
5.1: We guarantee to refund all charges should we be unable to deliver the champagne fountain on the agreed date, if there is a fault with the fountain or if the fountain arrives damaged. Refunds will be credited to your original method of payment and will be processed within seven days of receipt of the goods. This means the credit to a payment card may take up to ten working days from receipt of goods. 5.2: Refunds are subject to the fountains being returned in good condition or in the event of faulty goods – subject to inspection and agreement of Chocolate Fountains of Devon.
6 Faulty and Damaged Fountains
6.1: If our champagne fountain is damaged or faulty when delivered to you we may offer an exchange or refund as appropriate, in accordance with your legal rights. If you believe a product is faulty, you should notify us (see contact us) and return the product in accordance with the provisions above.
6.2: If the fountain is returned damaged by you where it was delivered un-damaged, we reserve the right to charge you for the full costs of the repair to include losses resulting from the champagne fountain being unavailable for hire in the following periods for which it is booked up to a maximum of £2000. We reserve the right to charge your credit or debit card accordingly.
6.3: If the champagne fountain is not returned, we reserve the right to charge your debit or credit card the sum of £2000 being the full cost and the champagne fountain, containers and accessories.
7 The Use of Alcohol
7.1: Our champagne fountains are delivered dry hire, we do not supply any alcoholic drinks to be used in the fountains. The use of alcoholic drinks in the fountains is entirely at your discretion. We do not accept liability for any loss or injury resulting from the use of alcoholic drinks in the champagne fountains, this is entirely your responsibility. Where alcoholic drinks are used, it is your responsibility to ensure that alcoholic drinks are consumed responsibly and within the laws of the UK.
8 Product Information
8.1: We have taken reasonable steps to display as accurately as possible the colours and other detailing of our products in the images that appear on the Site. However, as the actual colours and detailing you see onscreen will depend on your monitor, we cannot guarantee that your monitor’s display of any colour or other detailing will exactly reflect the colour or detailing of the product upon delivery.
9 Our liability
9.1: We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.
9.2: You are responsible for the use you make of the fountains you order. To the extent not prohibited by law, we accept no liability for any loss which is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).
9.3: We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
9.4: Nothing in this section or elsewhere in our Trading Terms affects your statutory legal rights.
10 General
10.1: Mint Champagne Fountains is owned and operated by Chocolate Fountains of Devon Limited is a company registered in England. Our company number is 5523024 and our registered office address is Rosemede, 49 North Street, Braunton, North Devon, EX33 1AP.
10.2: Any formal legal notices should be sent to us at the address at the end of these Trading Terms by email and confirmed by post.
10.3: Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Trading Terms.
10.4: If any part of these Trading Terms is found to be unenforceable as a matter of law, all other parts of these Trading Terms shall be unaffected and shall remain in force.
10.5 You and we agree that English law applies to these Trading Terms and that any dispute between us arising out of or in connection with these Trading Terms will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.
11 How to contact us
Please feel free to contact us in any of the following ways:
by email at info@mintchampagnefountains.co.uk
by telephone on 07817266344 between the hours of 9am – 8pm, Monday to Saturday
by writing to us at:
Mint Champagne Fountains
Rosemede
49 North St
Braunton
North Devon
EX31 1SE
