LOLLY'S ICE CREAM 

TERMS & CONDITIONS

 

Lollysicecreamuk.com & Lolly’s Ice Cream are trading names of Lolly’s Ice Cream Ltd

 

1. Definitions: The following words shall have the following meanings in these Terms and Conditions:

 

o    “Booking Form” means the form you are detailing the event service which you wish to hire and the Hire Period.

 

o    “Force Majeure” means any event which is beyond the reasonable control of Lolly’s Ice Cream Ltd which shall include, without limitation, acts of God, governmental actions, fire, death, illness or other capacity certified by a properly qualified medical practitioner, war or national emergency, acts of terrorism, protests, riot, civil commotion, explosion, extreme weather conditions, flood, epidemic, lock‐outs, strikes or other labour disputes or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials;

 

o    “Hire Agreement” is a reference to these Terms and Conditions, any Invoice and payment instructions provided to you.

 

o    “instalments” “payment” “amount due” is a reference to the charge we make for the hire of the event service to you, and which is detailed in any quote we may provide to you payable by instructions provided on your booking confirmation.

 

o    “Hirer”, “you”, “your” and “yours” are references to you the person hiring the event item(s) from us.

 

o    “Event date and time” is a reference to the period which you have agreed to hire the event item(s) 

 

o    “Package” refers to the packages we offer including vintage ice cream trailers, ice cream trikes, candy floss machines, popcorn machines, hotdog machines, and any other catering equipment on listed on our packages which we have agreed to hire to you in accordance with these Terms and Conditions.

   

o    “Private” means all bookings for private events such as weddings, birthdays, and other events of a celebratory nature and not a hired event where public can freely attend.

 

o    “Hired” & “Public” refers to all bookings for public events, whether this be hired or a fixed pitch fee such as community events, fun days, festivals, school events and other events of hired nature where public can freely attend.

 

o    “Terms and Conditions” means the terms and conditions of hire of the Party Booth as set out in this document; and

o    “Lolly’s Ice Cream Ltd”, “us”, “we”, “our” means Lolly’s Ice Cream Ltd.

 

2. Agreement to Terms and Conditions 

2.1 When hiring a package from us you do so in accordance with this agreement. You are deemed to have accepted the agreed charge for the hire of the package, and other terms such as addition charge for extra time, fuel or delivery, which have been quoted to you at the time of placing your order.

 

2.2 Any contract for the hire of the packages is between you and Lolly’s Ice Cream Ltd.

 

2.3 We reserve the right to amend or update our Terms and Conditions at any time and any subsequent bookings made by you shall be governed by such terms. We reserve the right to alter our pricing on our literature and website at any time without prior warning but this will not affect bookings which have been confirmed by us.

 

3. Bookings

 

3.1 Payment

 

3.1.1 In order to secure your booking a non-refundable deposit of the price quoted to you at the time of placing your order must be paid. Once we receive the hire deposit, we will notify you if your order has been accepted for the dates requested and send booking confirmation within 48 hours. If the dates are not available, then we will notify you and a full refund of the deposit shall be made. A contract for the hire of the hire item(s) only come into effect once we have confirmed your order.

 

3.1.2 The remaining balance of the hire charge must be paid no later than 4 weeks in advance of the hire term or as otherwise confirmed by us.

 

3.1.3 You are not entitled to a refund of any part of the Hire Charge where the Hire Period has ended early due to hire item(s) being damaged, lost or stolen during the Hire Period or any breach by you of these Terms and Conditions.

 

3.2 Cancellation 

3.2.1 In the event that you decide to cancel your booking at least 4 weeks before your event date, you must notify us immediately in writing. The deposit to reserve hire item(s) is non-refundable in the event of cancellation. Any hire charge monies already paid shall be refunded minus the initial non-refundable holding deposit. If a cancellation is made within 4 weeks of your event date, then the full amount paid will be non-refundable.

​

3.2.2 At your option and provided you give us more than 30 days’ notice of cancellation you may cancel the booking and request that the deposit is transferred to an alternative booking, subject to availability. If Lolly’s Ice Cream Ltd are unable to fulfil the new date due to hire items being sold out, then the deposit is non-refundable.

 

3.2.3 If Lolly’s Ice Cream Ltd are unable to fulfil the booking due to staff sickness or equipment damage then the booking will be offered to another events company with the hirer's permission. In these circumstances, a refund shall be offered as an alternative.

 

4. Basis of Hire 

4.1 Event hire item(s) hired from us are not intended for your commercial use (apart from promotions) and must only be used in accordance with these Terms and Conditions.

 

4.2 The Hire Period for the hire item(s) is for the period specified on the Invoice. This Hire Agreement is not covered by the Consumer Credit Act, 1974 as the Hire Period is less than 3 months.

 

4.3 The Hire Period shall commence and end on the dates specified on the Invoice. No extension to the Hire Period is permitted without our express written consent and receipt by us of the appropriate charge.

 

5. Installation and use of the equipment  

5.1 Lolly’s Ice Cream Ltd requires a minimum of 35 minutes to set up and test the hire item(s) correctly or to ensure food is at an adequate temperature for serving at the start of your event time. If you require the hire item(s) to be set up in a shorter period then we cannot be held responsible if it is not setup correctly or ready on time. It is up to you to ensure that all appropriate consents and approvals have been obtained to ensure that Lolly’s Ice Cream Ltd are permitted access to install the hire item(s) at the requested location. Lolly’s Ice Cream Ltd cannot be held responsible if for any of the above reasons we cannot deliver the hire item(s) on time for your event.

 

5.2 You must ensure that the space provided for the package set up is suitable in size and that an adequate power supply is provided (2x  13amp power socket with nothing else connected into it). All dimensions given are a minimum requirement.

PACKAGE 1 = 3m x 2m                     PACKAGE 2 = 3.5x 2m                      PACKAGE 3 = 4.5m x 2m                 PACKAGE 4 = 7.5m x 2m

PACKAGE 5 = 8m x 2m (if package 1 – 5 is booked for an outside event the minimum dimension will be 3m x 3m in the event a gazebo is required) PACKAGE 6 - option 1 = 3.5m x 2m x 3m high | PACKAGE 6 option 2 = 6.5m x 2m x 3m high | PACKAGE  6 option 3 = 7m x 2m x 3m high |                    PACKAGE 7 option 1 = 4m x 2.5m x 3m | PACKAGE 7 option 2 =7m x 2.5 x 3m | PACKAGE  7 option 3 = 7.5m x 2.5 x 3m high

 

5.4 You must ensure that access to the venue is suitable for Lolly’s Ice Cream Ltd to transport the equipment for set up (Please notify us if there will be stairs or a long distance (more than 20metres) to carry equipment). When booking a package containing an ice cream trike and you wish to have this indoors you must ensure the event access is suitable and will fit in the allotted space.

 

5.5 When booking any package including an ice cream trailer, please note these can only be positioned outdoors due to size, and that access space is required to transport trailers into the allotted space. Please notify the venue of the items and sizes of the packages you are booking to ensure we have permission to manoeuvre / transport items into allotted space in the event of trailers/trikes/machines being set up on turfed areas that you have explicit permission from the venue and if any damages are to happen to the lawn, you as the hirer accept full responsibility.  

 

6. Risk and Ownership of the Hire Item(s)

6.1 Full ownership in the hire item(s) shall remain fully vested in us at all times. You have no right, title or interest in the hire item(s) other than that you are entitled to hire the hire item(s) for the Hire Period.

 

6.2 You are not permitted to hire, sub-let, sell, lend, or part with possession of the hire item(s) at any time during the Hire Period.

 

7. Termination of Hire 

7.1 Lolly’s Ice Cream Ltd will not tolerate any abuse or threatening behaviour to any of our staff or abuse of the hire item(s) or equipment. If this occurs Lolly’s Ice Cream Ltd retain the right to terminate the hire immediately. This applies equally to you and your guests. Lolly’s Ice Cream Ltd may terminate the hire in cases where our staff are of the reasonable view that the equipment belonging to Lolly’s Ice Cream Ltd or the hire item(s) is in danger of being damaged or has been damaged due to the actions or unruly behaviour of the people using the hire item(s).Wherever possible and reasonable to do so we will speak with you or the venue first to try to resolve the matter before any termination is enacted. If we do terminate, for any reason, the full Hire Charge will not be refunded for any period of hire not provided.

 

Moreover, you will be fully responsible for any damages caused by you or your guests or other attendees at the event to the hire item(s) and or equipment howsoever caused, with the sole exclusion of damage caused by Lolly’s Ice Cream Ltd staff. You will be invoiced for the replacement of any damaged equipment or broken parts including the cost of labour. (please note that this cost can run high as all our trailers/trikes/machines are fully bespoke by means of bespoke paint jobs, professional sign wrapping)

 

7.2 We also reserve the right to terminate the Hire Agreement at any time if you are declared bankrupt, or if you enter into any arrangement with your creditors, or being a company, go into liquidation or are wound-up, or being a partnership, is dissolved or if, in our reasonable opinion, one of the aforementioned events is likely to occur.

 

7.3 We shall also be entitled to terminate the hire immediately where we have reasonable grounds to believe that you have acted in breach of this Hire Agreement.

  

8. Photograph Usage and Ownership 

Unless otherwise notified and agreed with you, you agree that all pictures at the event may be uploaded to a web gallery unless otherwise stated and exempt us from responsibility of publishing the pictures. Photos taken during the event may be used by us to assist with promotion of Lolly’s Ice Cream Ltd. This may include printed matter as well as online images.

 

9. Limitation of Liability 

9.1 We disclaim all liability to you for the supply of the hire item(s) to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the Hire Charge you have paid. We cannot accept any liability for any loss, damage, or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.

 

9.2 We shall not be held liable for any failure or delay in performing the service and hiring of any packages from us where such failure arises because of a Force Majeure event. In such circumstances our liability shall be limited to a pro rata refund of the deposit where applicable.

 

9.3 We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the hire of the hire item(s). We do not make any representation or guarantee that use of the hire item(s) in any promotional context will generate revenue or customers for you or your business.

 

9.4 We shall not be liable for any misrepresentations other than fraudulent misrepresentations.

 

9.5 Nothing in this Hire Agreement shall limit our liability for personal injury or death arising as a direct result of our negligence.

 

10. Lolly’s Ice Cream Ltd Staff 

Staff supplied by Lolly’s Ice Cream Ltd are for the sole purpose of providing all set up, serving, and hosting. Lolly’s Ice Cream Ltd staff should not be requested to undertake any additional function without first obtaining our consent.

 

11.General

11.1 We may subcontract any part or parts of the services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.

 

11.2 We may alter or vary the Terms and Conditions at any time without notice to you.

 

11.3 The Hire Agreement constitutes the entire agreement between you and us. No other terms whether expressed or implied shall form part of this contract. In the event of any conflict between the Hire Agreement and any other term or provision, this Hire Agreement shall prevail.