Terms and conditions
Being in the service industry, we pride ourselves on fair and honest trade. We are obliged to provide terms and conditions, they help us maintain our relationships and reputation.
01 Definitions
1.1 “Agent” means UNLIMITED JOY LTD.
1.2 “Buyer” means the person or organisation that buys or agrees to buy goods and/or services from the Agent.
1.3 “Conditions” means the Terms and Conditions of Sale set out in this document and any special terms and conditions agreed in writing by the Agent.
1.4 “Goods” means the products, tickets, licenses or permits enabling the Buyer to attend the event function or venue specified.
1.5 “Services” means those additional services specified to be provided by the Agent in conjunction with the supply of goods.
1.6 “Price” means the price for the goods and services to be provided by the Agent excluding insurance and VAT where chargeable.
02 Conditions Applicable
2.1 These Conditions apply to all contracts for the sale of Goods and supply of Services by the Agent to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods and Services shall be deemed to be an offer by the Buyer to purchase such Goods and Services pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Agent.
03 The Price and Payment
3.1 The Price shall be the price set out on the invoice based on approval of the quote proposed by the Agent. The Price is exclusive of VAT, which shall be due at the rate ruling on the date of the Agent’s invoice.
3.2 Time for payment shall be of the essence.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the annual rate of four per cent above Barclays Bank PLC’s base rate from time to time in force and shall accrue at such rate after as well as before any judgment.
3.4 In the event of the Buyer giving written notice of cancellation to the Agent the Agent may use reasonable endeavours to resell the Goods or Services so cancelled but the Agent gives no warranty in this regard and the Buyer will continue to be liable for payment of any cancelled Goods or Services that are not resold by the event date. The Agent shall be entitled to make additional charges for any extra costs including marketing costs and for additional time spent in reselling the Goods or Services.
04 The Goods
The description of the Goods shall be as set out in the Invoice.
05 The Services
The description of the Services shall be as set out in the Invoice.
06 Delivery
6.1 Delivery of the Goods shall be made to the Buyer’s address or as otherwise agreed in writing by the Agent upon the Price of the Goods and the Services together with VAT thereon being paid in full to the Agent. Delivery of Goods and the Services shall not be due until payment of the Price and of VAT thereon has been made by the Buyer to the Agent.
6.2 Time being of the essence for payment, failure by the Buyer to make payment of the Price of the Goods and Services and any VAT thereon in accordance with these Conditions shall be deemed a repudiation of the contract entitling the Agent in its absolute discretion and without prejudice to any other rights which it may have to suspend all delivery of the Goods and Services to the Buyer and/or to terminate the Contract without liability upon its part.
6.3 Where the date or dates for holding any event changes or an event or tickets are cancelled due to any reason beyond reasonable control, the Agent will notify the Buyer as soon as is reasonably practicable following notice of the same to the Agent. The Buyer shall be bound to accept the goods and services subject to the revised date or dates in accordance with the conditions. The Agent shall be under no further liability. Where an event or ticket is cancelled, only the return of the face value of the tickets can be guaranteed where events or tickets are cancelled directly by the artist or promoter. The Agent shall be under no further liability for consequential losses due to cancellation.
6.4 Tickets will be dispatched by courier or Royal Mail, the Agent cannot be held liable for any failure by the Royal Mail to deliver your tickets. Shipping fees are non-refundable.
6.5 The Agent accepts no liability to members for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late/non arrival, or any other fault by you.
07 Agency
7.1 The Agent shall act as the Buyer’s agent for the supply of Goods and Services. When acting as an agent the Agent is appointed by the Buyer to acquire on their behalf from third parties, those goods and services described at prices set out.
7.2 The Agent shall take the Buyer’s instructions with reasonable skill, care and diligence.
7.3 The Agent shall be entitled to retain as its fee any difference between the monies paid by it on behalf of the Buyer for the purchase of the Goods and Services and the Price appearing on the invoice.
7.4 The Agent shall not be liable to provide any of the Goods or Services specified but shall notify the Buyer promptly if it is unable to acquire on behalf of the Buyer any of those Goods and Services. Any contracts entered into by the Agent in acquiring Goods and The Agent as Agent for shall enter into services specified and on behalf of the Buyer.
08 Resale and Re-Supply of Goods and Services
8.1 The Buyer warrants that the Goods and Services being acquired from the Agent are for personal use and will not be re-sold or offered as prizes in any competition without the express written consent of the Agent.
8.2 The Agent may terminate this contract forthwith if the Buyer acts in breach of the warranty given in this clause.
8.3 The Agent aims to ensure that package benefits remain available to the Client at all times. If any of the benefits become unavailable, the Agent will make good faith efforts to see that prior commitments are honoured to the fullest extent possible, but shall not be responsible for any actions beyond physical control. If entrance with procured invitation to the event is denied to the Client at no fault of the Client, a full refund will be issued to the Client via credit card or bank/wire transfer within 10 business days.
8.4 All sales are final. In the event a purchase results in cancellation by fault of the Client in which the Agent has acted as a credit agent or vendor on the Clients’ behalf and purchased tickets or goods in advance of payment from the Client,, the Client hereby agrees to reimburse the Agent the full amount due according to the invoice.
8.5 Invitation prices are not set by the Agent but set by market conditions and demand, with a fee for the Agent. The Agent is not the issuer or original seller. Tickets purchased are not commercial offerings available through retail channels and are sold at prices obtained directly from suppliers, which may include service charges reflecting costs and efforts in obtaining the invitations.
09 Warranties and Exclusions
9.1 The Agent warrants that its services will be carried out with reasonable care and skill and that the Goods and Services at the time of Deliveries correspond with the description given by the Agent. All other warranties, conditions or terms relating to fitness purpose, merchantability or conditions or terms relating to fitness for purpose, merchantability or condition of the Goods and whether implied by Statute or Common Law or otherwise are excluded.
10 Disclaimers and Limitation of Liability
10.1 The Buyer acknowledges that the Agent’s obligations and liabilities in respect of the Services specified are exhaustively defined in these Conditions. The Buyer agrees that the express obligations and warranties made by the Agent in these Conditions are in lieu of and to the exclusion of any kind express or implied Statutorily or otherwise relating to anything supplied or services provided under or in connection with a contract to which these Conditions apply including (without limitation) as to the condition quality performance merchantability or fitness for purpose of the Goods and/or Services provided under such contract or any part of them.
10.2 The Agent does not exclude or limit liability for: death or injury arising from an act of negligence of the Agent or its employees; damage caused by the Agent’s fraud including fraudulent misrepresentation
10.3 If any exclusion disclaimer or other provision in these
Conditions shall be invalid for any reason and in all other cases falling within Clause 10.2 the Agent’s total liability (whether in contract, tort, including negligence or otherwise) in connection with a Contract to which these Conditions apply or based on any claim for indemnity or contribution will not exceed the sum of £1,000,000.00 in aggregate.
10.4 The Buyer agrees that except as expressly provided in clause 9 and this clause, the Agent will not be under any liability of any kind whatever and however caused arising directly or indirectly in connection with a supply of Goods and/or Services to which these Conditions apply.
10.5 The Buyer acknowledges and agrees that the allocation of risk contained in this clause is a recognition of the fact that it is not within the Agent’s control how and for what purpose the Goods and Services are used by the Buyer.
11 Force Majeure
The Agent shall not be liable for any default due to any Act of God, war, strike, lock out, industrial action, fire, flood, drought, tempest or other event beyond its reasonable control.
12 Third Party Rights
These Conditions are not intended to confer any benefit on any third party or to be enforceable by any person not a party a contract to which these Conditions apply.
13 Law of Contract
This Contract is subject to the laws of England.