Terms and Conditions

1.DEFINITIONS

1.1. ‘You’ (‘yours’) are a client or potential client of Love Tipis Limited (‘LTL’, ‘our’ ‘ours’, ‘us’ or ‘we’).

1.2. The ‘Services’ to be provided by LTL to You are described on a ‘Proposal’, the Services may include the following: Delivery and construction of tipis to the agreed specification, flooring, lighting, power sockets and furniture.

Please note external power sources and the dressing of the tipis are not included in the Services but LTL may be able to assist you to locate providers of these for your event. A Proposal, including any stated inventory of tipis and/or materials (the ‘Inventory’), once notified to us by you (whether by signature or return of email) and once accepted by us shall constitute an ‘Order’ shall be subject to the terms and conditions, any terms set out on a Proposal, the ‘In the Know’ document and/or an Order. The Conditions, a Proposal, the ‘In the Know’ document and the terms of an Order constitute a contract between LTL and You.

1.3 For the avoidance of doubt, the terms of the ‘In the Know’ document form part of the Conditions and of any contract between you and LTL (‘Contract’).

2.INTRODUCTION

2.1. This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the services to clients whether listed on this website (Lovetipis.co.uk) and/or set out in a Proposal.

2.2. Before confirming your order please:

2.2.1. Read through these terms and conditions (the ‘Conditions’) and in particular the conditions relating to liability and indemnity at clause 9 and our cancellation conditions at clause 11;

2.2.2. Print a copy for future reference;

2.2.3. Read our privacy policy regarding your personal information.

2.3. By ordering any of the Services as set out on an Order you agree to be legally bound by the Conditions, those within the ‘In the Know’ document and any additional terms and conditions set out on a Proposal. You will be unable to proceed with your purchase if you do not accept the Conditions, as may be modified or amended and posted on Lovetipis.co.uk from time to time.

2.4. We reserve the right to revise and amend Lovetipis.co.uk, our disclaimers, the Conditions, a Proposal and the ‘In the Know’ document at any time without notice to you. Your continued use of Lovetipis.co.uk (or any part thereof) or our Services following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.

2.5. In the event of a conflict between the Conditions and any terms set out on an Order the terms on the Order shall prevail.

3. ABOUT LOVETIPIS.CO.UK

This website is owned and operated by Love Tipis Ltd a limited company (trading as Lovetipis.co.uk), registered in England and Wales under company number: 9471941 having our registered office at 71-75 Shelton Street, London, WC2H 9JQ.

4. COMMUNICATIONS

4.1. You agree that email and other electronic communications can be used as a long- distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

4.2. Lovetipis.co.uk is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).

4.3. We may accept your order if you are resident in the European Economic Area (EEA), subject to reserving a right to amend the specifications or standards of the Services offered on the Website and/or the Conditions or to refuse to accept an order for Services from you, if it will put an excessive strain on our business or if we have an objective reason for doing so. If we accept your order, you will be liable to pay for all and any additional costs that we incur in orderto facilitate your order. You will have an opportunity to cancel your order in case the additional costs are not acceptable.

5. PRICE

5.1. The prices of the Services are quoted on Lovetipis.co.uk and/or as stated in a Proposal or as agreed within an Order (the ‘Price’)- the most recently provided to you, allowing for any agreed variations, being applicable.

5.2. Prices quoted are for performance of the Services in the United Kingdom unless otherwise specified.

5.3. Prices quoted are inclusive of VAT, charged at the current rate.

5.4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Services to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, significant increase in the costs of labour, materials delivery or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before we have commenced providing the Services.

6. PAYMENT & CONFIRMATION OF AN ORDER

6.1. Payment of an Order may be made by bank transfer or bank deposit we also accept credit or debit card payments.

6.2. Our standard payment terms are that 25% of the Price set out on a Proposal is payable as a non-refundable deposit to secure your booking (subject to these Conditions) and full payment for the Services must be made no later than 28 days prior to the Hire Period. These payment terms may be varied, at our sole discretion, in a Proposal or an Order.

6.3. Payment must be made in full prior to the provision of the Services, except as agreed by us in writing and in an Order.

6.4. We will take all reasonable care to keep the details of your Order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer in the event of unauthorised access to your data by a third party.

6.5. All Proposals and Services are subject to acceptance and availability.

6.6. Your agreement to a Proposal constitutes an offer to purchase the Services from us, (once accepted by us in an Order) and we reserve the right to refuse a Proposal at any time prior to acceptance of an Order without providing an explanation.

6.7. You agree that if we contact you prior to our acceptance of a Proposal for whatever reason such communication shall not amount to our acceptance of your offer to purchase the Services.

6.8. An Order shall only be constituted upon written notification from us to provide the stated Services

(whether or not you receive such notification) and upon payment by you for the Services (on the Payment Terms set on the Proposal) subject to the Conditions.

6.9. Where you are a consumer you may cancel a requirement for Services within 14 days of the Order in writing. Please note, where LTL has already provided part or all of the Services this may not apply or part payment will be due, and, for the avoidance of doubt you acknowledge that the reservation of tipis for your event shall constitute performance in part by LTL of the Services set out in an Order.

6.10. In the event that the Services on an Order are not available we shall notify you by email or telephone. It is your responsibility to provide us with a valid email and/or telephone number so that we can contact you if necessary.

6.11. An Order will relate only to the Services stated on the Order. We will not be obliged to supply any other Services unless stated on an Order (whether an initial Order or any subsequent Order accepted by us for any additional Services required by you).

6.12. Please check that the details on a Proposal and an Order are correct, you should print out and retain a copy of these.

6.13. You are subject to the version of the Conditions and our policies in force at the time of an Order, unless we are required to change the Conditions or policies by law or governmental authority; or we notify you of a change to the Conditions or our policies prior to an Order, in which case we will assume your acceptance to the change unless we receive written notification from you within seven working days of our confirmation of an Order.

7. LOCATION & USE OF TIPIS

7.1. Provision of the Services shall be at the location stated on a Proposal (‘the Location’), we reserve the right to provide the Services including the arrangement of the tipis, other structures and any other items of inventory at the Location at our sole discretion, including but not limited to where weather, site or ground conditions require it.

7.2. Unless agreed otherwise by us, and set out in an Order, payment for and the provision of the Location for the siting of tipis is your responsibility, this includes the provision of any catering or other amenities required at the Location for your event.

7.3. Unless agreed otherwise by us we shall have no liability for any losses incurred at or to a Location or during your event, except where liability may not be excluded by law.

7.4. Our liability in any event shall be limited to the value of the Order except where liability may not be limited by law.

7.5. Throughout the duration of the Hire Period (as set out in the Order) you are responsible for the maintenance and safe custody of the Inventory (as set out in the Order).

7.6. You must be satisfied with the Inventory before use and should notify us of any unacceptable Inventory before use before the Hire Period.

7.7. You are responsible for and indemnify us against any loss or damage to the Inventory during the Hire Period, whatsoever the cause.

7.8. If you or your agent fail to sign any CAT Scan agreement provided to you by LTL you agree that LTL may charge to make its own investigations to ensure the safety of our crew, you and your guests.

7.9. We shall use our reasonable endeavours to provide the Services and Inventory as requested by you, please note however that matters outside of our control, including the weather, the acts of omissions of third parties not engaged by us, or issues relating to a Location that are beyond our control, may require that the Services have to be altered, reduced or delayed. We shall use reasonable endeavours to advise you at the earliest opportunity within seven days of the Hire Period, of any particular concerns that we may have regarding the Location or other matters, such as matters relating to the weather, winds and the use of the tipis, and of any action that may be taken to remedy these concerns.

7.10. In the event that your event is delayed for reasons such as those set out in this provisions we shall use reasonable endeavours to assist you with the Services where the event can be rescheduled and subject to availability but make no undertaking in the Conditions to do so. For the avoidance of doubt where an event does not take place due to the actions of third parties outside of our control no refund or assistance in rescheduling shall be given by us.

8.WEBSITE

8.1. You are permitted to use Lovetipis.co.uk and the material contained in it only as expressly authorised by us subject to the Conditions and our policies.

8.2. The contents of Lovetipis.co.uk are protected by copyright (including design copyrights), trade mark, patent, database and any other intellectual property rights and similar and you acknowledge that the intellectual property rights in the material and content supplied as part of Lovetipis.co.uk shall remain with us and our licensors.

8.3. You may download the content and any other downloadable material displayed on Lovetipis.co.uk subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of Lovetipis.co.uk other than for personal use is expressly prohibited.

8.4. Lovetipis.co.uk may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such website or resources, and do not endorse or review, and are not responsible or liable in any way, whether directly or indirectly, for the content or privacy practices of such websites or resources.

8.5. We cannot guarantee and cannot be responsible for the security or privacy of Lovetipis.co.uk and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of Lovetipis.co.uk or you downloading any material posted or promoted on Lovetipis.co.uk or from any website linked to it.

8.6. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.

8.7. Prices quoted on the ‘Love Tipis Quote Generator, whilst intended to provide a ball-park figure, are for illustration only. Please note that the full and confirmed price payable for the hire and delivery of tipis and equipment for your event will be stated in a Proposal and will take into account other factors such as delivery costs, time and location of the event and accessibility etc.

9. LIABILITY AND INDEMNITY

9.1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights or will limit our liability for:

9.1.1. Death or personal injury resulting from our negligence

9.1.2. Fraud or fraudulent misrepresentation

9.1.3. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.

9.2. The Services, including those on the website lovetipis.co.uk are provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on Lovetipis.co.uk including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

9.3. We will not be liable if Lovetipis.co.uk is unavailable at any time and we make no representation or warranty of any kind regarding the availability of Lovetipis.co.uk or that it will be timely or error free, that defects will be corrected, or that Lovetipis.co.uk or the server that makes it available are free of viruses or bugs.

9.4. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:

9.4.1. any economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or

9.4.2. any loss of goodwill or reputation; or

9.4.3. any special or indirect loss; or

9.4.4. any loss of data; or

9.4.5. wasted management or office time; or

9.4.6. any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under the Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Services even if such losses are foreseeable or result from a deliberate breach of the Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of the Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Order is strictly limited to the value of the Order.

9.5. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of the Conditions by you, or any other liabilities arising out of your use of Lovetipis.co.uk or any other person accessing Lovetipis.co.uk using your personal information with your authority.

9.6. This clause does not affect your statutory rights nor does it affect your contractual rights.

10. INSURANCE

10.1. Risk in the Inventory passes to you when the Inventory leaves our possession or control and remains with you until the Inventory is returned to our physical possession and control. This shall apply notwithstanding the termination of an Order or the expiration of the Hire Period.

10.2. Ownership of the Inventory remains ours at all times. You have no right, title or interest in the Inventory except that the Inventory is hired to you.

10.3. A waiver fee of 3% of the Price is payable to cover the insurance of the Inventory. Should you refuse to pay the waiver you must provide proof of having arranged insurance in your name for the Inventory at least twenty-eight days prior to the Hire Period. For the avoidance of doubt responsibility for the insurance of the Location is yours.

10.4. For the avoidance of doubt the Price (as set out in the Order) does not include making good to any repairs, including cleaning costs incurred by LTL, to tipis or the Location caused by the actions or omissions (which need not be negligent) of you, your guests or contractors.

11. CANCELLATION

You acknowledge and agree that upon making an Order LTL will reserve tipis and any required Inventory, vehicles and crew for the build and break days of your event and that cancellation of the event by you may result in loss of business to LTL. On this basis you agree that the following cancellation provisions are reasonable:

11.1. Either you or we shall have the right to cancel an Order within 14 (fourteen days of our confirmation of an Order by written notice, save where the Order has been placed within 14 days of the Hire Period (in such cases the provisions of clauses 11.2.3 and 11.3 shall prevail).

11.2. Subject to clause 11.1, should you cancel an Order at any time within:

11.2.1. Between 6 months and 9 months of the Hire Period, fifty percent (33%) of the Price shall be payable to us.

11.2.2. Six months (6) months of the Hire Period, sixty-six percent (66%) of the Price shall be payable to us.

11.2.3. Fourteen (14) days of the Hire Period you acknowledge that the Price shall be payable to us in any event without deduction.

11.3. Notwithstanding the other provisions of this clause 11, the full Price shall be payable should the period between an Order and the Hire Period be less than fourteen days.

12. FORCE MAJEURE

12.1. We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation, include:

12.1.1. Strikes, lock-outs or other industrial action;

12.1.2. Shortages of labour, fuel, power, raw materials;

12.1.3. Late, defective performance or non-performance by suppliers;

12.1.4. Private or public telecommunication, computer network failures or breakdown of equipment;

12.1.5. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

12.1.6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions;

12.1.7. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

12.1.8. Acts, decrees, legislation, regulations or restrictions of any government;

12.1.9. Other causes, beyond our reasonable control.

12.2. Our performance will be deemed to be suspended for the period that the event of ForceMajeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.

12.3. Where the period of non-performance or delay in relation to any event of Force Majeureexceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.

13. PRIVACY AND DATA SHARING

13.1. All information provided by you will be treated securely and in accordance with the Data Protection Act 2018 (as amended).

13.2. All information provided by you to LTL will be treated in line with the LTL Privacy Policy which is available on our website lovetipis.co.uk (a paper copy is available on request).

13.3. LTL does not retain banks card details following processing.

14. THIRD PARTY RIGHTS

14.1. Except for our directors, employees, affiliates or representatives, a person who is not a party to an Order has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of an Order but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

15. GENERAL

15.1. Notice, including for the avoidance of doubt any confirmation from us to you which has not been communicated to you by us verbally, will be deemed received and properly served immediately, 24 hours after an email is sent, or three days after the date of posting of any letter. Inproving the service of any notice, it will be sufficient to prove, in the case of a letter, that suchletter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.

15.2. All notices given by you to us, must be given to us at info@lovetipis.co.uk

15.3. The Order represents the entire agreement between you and us in relation to the subject matter of the Order and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

15.4. You and we each acknowledge that, in entering into an Order, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between you and us prior to such Order except as has been expressly incorporatedinsuch Order.

15.5. Neither you nor we shall have any remedy in respect of any untrue statement made by theother, whether orally or in writing, prior to the date of any Order (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in the Conditions.

15.6. We reserve the right to change the domain address of Lovetipis.co.uk and any services, products, product prices, product specifications and availability at any time.

15.7. Every effort is made to keep information regarding stock availability on Lovetipis.co.uk up to date. However, we do not guarantee that this is the case, or that stock will always be available.

15.8. If any provision of the Conditions is held by any competent authority to beinvalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.

15.9. All Contracts are concluded and available in English only.

15.10. References to days within the Conditions shall mean calendar days.

15.11. If we fail, at any time during the term of an Order, to insist upon strict performance of any of your obligations under it or any of the terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Order, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.

15.12. A waiver by us of any default shall not constitute a waiver of any subsequent default.

15.13.No waiver by us of any of the Conditions or of any other term of an Order shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15.1.

15.14. Any Order between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Order, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-Order or otherwise dispose of an Order, or any of our rights or obligations arising under it, at any time during the term of the Order.

15.15. Lovetipis.co.uk is controlled and operated in the United Kingdom.

15.16. The Conditions and any Order whether or not brought into being as the laws of England and Wales and you will govern a result of usage of Lovetitpis.co.uk irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.