TERMS OF TRADE

RAINBOW ROSALIND PARTIES LIMITED (8044483)

Last updated: 21 August 2020

 

1.              INTERPRETATION

1.1.           In these terms of trade, unless the context otherwise requires:

(a)             “Goods” means any goods to be supplied by Rainbow Rosalind Parties Limited as set out in a Booking;

(b)             “Services” means any services to be provided by Rainbow Rosalind Parties Limited as set out in a Booking;

(c)             “Booking” means a booking for the supply by Rainbow Rosalind Parties Limited of any Goods (whether purchased or supplied as part of the Services) or Services (including a booking via our website);

(d)             “Terms” means these terms of trade;

(e)             “we” or “us” means Rainbow Rosalind Parties Limited; and

(f)              “you” means you as the customer.

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2.              GENERAL

2.1.           By making a Booking, you accept that these Terms will apply to all supplies of Goods and Services by us to you. 

2.2.           We may amend these Terms from time to time by posting an updated version on our website. Any changes will take effect from the date we publish them, so please ensure you review our Terms from time to time. 

2.3.           We are under no obligation to accept all or any Bookings. Where we refuse to accept a Booking, we will refund any payment made to us in relation to that Booking.

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3.              GOODS

3.1.           Where you receive any Goods (as specified in a Booking) from us, delivery of the Goods shall be deemed to be made on arrival of the Goods at your property (or such other address notified to us in writing). 

3.2.           You acknowledge that certain Goods (including, without limitation, inflatable toys) are provided as part of a Booking and are not sold to you under these Terms. If any Goods are being sold to you, that will be specified in the Booking.

3.3.           Risk of damage to, or loss of, any Goods sold to you or provided as part of a Booking shall pass to you at the time of delivery.

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4.              WARRANTY 

4.1.           We warrant that we will carry out the Services in a good and professional manner. 

4.2.           Except as set out in these Terms, we exclude (to the extent permitted by law) any and all conditions, guarantees, warranties or representations that might otherwise be implied by law, trade, custom or otherwise. In particular, we exclude:

(a)             all implied terms, conditions and warranties contained in the Contract and Commercial Law Act 2017; and

(b)             the guarantees contained in the Consumer Guarantees Act 1993, where you acquire Goods and Services for business purposes in terms of sections 2 and 43 of that Act.

4.3            You acknowldge that any performer(s) who attends at your Booking may not be the same performer(s) featured on our website.

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5.              HEALTH AND SAFETY

5.1.           While we will take all reasonable care in performing the Booking, you acknowledge that we do not have exclusive control of the premises where we perform the Booking and we cannot take full responsibility for any health and safety matters that may arise during the performance of the Booking. In particular, you acknowledge that you are responsible for the control of the premises and for:

(a)             ensuring (where appropriate) a suitable ratio of parents to children such that the children are adequately supervised;

(b)             notifying us of and co-operating with us in managing any hazards that may exist in our performance of the Booking, including (without limitation) any children with allergies or hazards present at the premises where the Booking will be performed; and

(c)             ensuring (where appropriate) the safe and proper use of the Goods at all times in accordance with any safety instructions issued by us or our contractors.

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6.              LIABILITY

6.1.           For any Goods that we supply for a Booking (and which are not sold to you), you will be responsible any damage or loss caused caused to those Goods that results from your (or your invitees) use of the Goods.

6.2.           If we are found to be liable to you, then to the extent permitted by law, our liability is limited to the lesser of:

(a)             the price (excluding GST) of the Booking; or 

(b)             the actual loss or damage suffered by you.

6.3.           To the extent permitted by law, we accept no liability for:

(a)             any loss, damage, injury or death that results from our performance of the Booking; or

(b)             any indirect, consequential or economic loss or damage.

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7.              PAYMENT AND INVOICING 

7.1.           Payment for the Booking is required in full at the time of making the Booking. However, we reserve the right to charge you additional amounts where you request alterations to the Booking, including changes to the scope of a Booking or a request by you for the Booking to continue overtime.

7.2.           Where you request additional Goods and Services not covered by the original Booking and you have not paid the additional cost of such Goods and Services at the time of the scheduled performance of the Booking, you acknowledge that we reserve the right not to proceed with the Booking until such additional costs have been paid in full.

7.3.           Where we charge additional amounts we will issue you with an invoice. Unless otherwise agreed in writing, payment of any such invoices is due within 7 days of the date of invoice. You must make all payments without set-off or deduction of any kind. 

7.4.           If payment is not made 7 days of the date of invoice, we may charge default interest at the rate of 15% per annum, calculated on a daily basis from the due date until the date we receive payment. You agree that we may pass on to our appointed agent for the purposes of debt recovery any information we may hold regarding you or your dealings with us. You agree to pay on demand all collection costs and solicitors fees, charges and/or costs and enforcement costs incurred or expended in recovering all monies due and payable by you to us.   

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8.              CANCELLATION 

8.1.           Subject to clause 8.2, you may cancel your Booking by giving us notice in writing and we will refund any amounts you have paid us minus the amount of: 

(a)             any items or materials we have purchased for the Booking that we cannot reasonably make use of elsewhere; and

(b)             any other costs or liabilities we have incurred in relation to the Booking before we receive the cancellation notice (including, without limitation, any fees payable to our performers).

8.2.           Where you cancel a Booking within 7 calendar days of the scheduled date of that Booking, you will not be entitled to any refund whatsoever unless we agree otherwise at our sole discretion. 

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9.              TERMINATION

9.1.           If you breach any of these Terms, we may, in our discretion, cancel or suspend the Booking. Where we cancel the Booking due to a breach of these Terms, no refund will be provided unless we agree otherwise at our sole discretion.

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10.            ASSIGNMENT

10.1.        You may not assign or subcontract any of your rights, powers or obligations under these Terms.

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11.            FORCE MAJEURE

11.1.        We accept no liability for any failure to provide, or delay in providing, any Goods or Services caused by adverse weather, fire, flood, riot, explosion, earthquake, epidemic, pandemic or any other cause beyond our control.

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12.            SEVERANCE

12.1.        If any of these Terms are held to be invalid, void, unenforceable or illegal for any reason, such provision will be deemed to be severed from these Terms and the remaining provisions will continue to apply.

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13.            WAIVER

13.1.        A failure or delay by us in enforcing a right under these Terms is not a waiver of that right. Any waiver must be in writing and signed by us.

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14.            GOVERNING LAW

14.1.        These Terms are governed by the laws of New Zealand and the Courts of New Zealand will have exclusive jurisdiction to resolve any matters arising out of these Terms. 

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