The Clicc’s Terms of Business
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES.
LAST UPDATED: 24 JANUARY 2022
BY HIRING PRODUCTS OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS.
The following terms and conditions (“Terms”) are between you (“You” or “Your”) and The Clicc London Limited, a private company with company number 13528634, with its registered office being situated at Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX (“We”, “Our”, “Us”, “The Clicc” or “Clicc”) and describe the terms and conditions on which You may access and use The Clicc’s website located at www.theclicc.com (the “Site”) and related product hire services, together with the Content (as defined below) (the “Services”). By accessing or using any of the Services, You acknowledge that You have read, understood, and agreed to be bound by these Terms.
Part A: About the Services
1. Introduction
1.1 The Clicc provides table settings and other related events products for hire for an agreed period (the “Products”).
1.2 Children under the age of 18 may not use the Services. Parents or legal guardians may not agree to these Terms on their behalf.
1.3 You represent that You are 18 years or older and that You are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Products as described in these Terms.
2. Modification of the Terms
2.1 The Clicc may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason.
2.2 The Clicc will use commercially reasonable efforts to notify You of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address You provide the The Clicc when you enquire on the Site.
3. Privacy
3.1. The use of Services is subject to Our privacy policy (“Privacy Policy”).
3.2. Our Privacy Policy is available here.
4. Service Expectation and Restrictions
4.1. You acknowledge and agree that We may place limits on the hire or purchase of Products.
4.2. We reserve the right to limit, cancel, or prohibit any hire or sale of Products for any reason in Our sole discretion, including but not limited to availability and geographic concerns.
Part B: Hiring Clicc Products
1. Product Hire
1.1 When You complete an enquiry form on the Site, The Clicc will contact you to confirm your booking. Once your order has been confirmed by Us to You, The Clicc will raise an invoice for the hire and delivery and collection charge (the “Hire Invoice”).
1.2 You shall have one day from the date of the Hire Invoice to complete payment of the Hire Invoice and your booking is confirmed once payment is made. If You are making a booking within two working days, payment must be made on the same day the Hire Invoice is issued. If payment is made after this time, Your booking is not confirmed and The Clicc may no longer have availability on your date.
1.3 If your enquiry has been made through YHangry Ltd your order shall only be confirmed by Us once We have confirmed to You that we are able to fulfill Your order and we have agreed on delivery and collection times.
2. Cancellation
2.1. You may cancel Your hire order subject to the following cancellation fees and policies:
2.1.1. Any order cancellations made thirty (30) or more days in advance of the delivery date will result in a full refund of your Hire Invoice.
2.1.2. Any order cancellations less than thirty (30) days but more than seven (7) days in advance of the delivery date will not receive a refund but will receive a credit to be applied against a future Clicc hire; or
2.1.3. If You cancel seven (7) or fewer days before Your delivery date, We are unable to offer a refund or any credit to use at a future date.
3. Delivery and Use of the Products
3.1 It is Your responsibility to ensure that all information provided by You, including but not limited to the delivery and collection address, is accurate and that someone is available to receive the delivery. Once the order has been confirmed and delivery and collection address agreed upon, no changes can be made unless The Clicc, in its absolute discretion, permit an amendment.
3.2 Delivery times for the Product may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from occurrences beyond our control for which We will not be responsible.
3.3 If there is a delay in delivering the Products, then where We are aware, We will inform You of this via email and telephone (wherever possible) and the Product will be delivered to You as soon as We can.
3.4 Delivery of the Product will occur when the Product is delivered to the address You provide us with. You are responsible for the Product when delivery has taken place.
3.5 We will only take Products to the ground floor at the address You have specified for a delivery, save where you have explicitly requested our set-up service.
3.6 In all cases, we require You to have provided Us with a delivery location where there is parking not more than 50 metres from the delivery address, which We can use in order to facilitate delivery of the Products. Where there is no such parking, We reserve the right to charge an additional fee for delivery thereon.
3.7 Upon delivery, You bear responsibility for the Products. Where this is under Your instructions, The Clicc does not bear liability for Products left unattended in an insecure delivery location.
3.8 If You find defective, missing or incorrect goods, You must notify The Clicc within three (3) hours of delivery by emailing theclicclondon@gmail.com with details and/or photographic evidence. Otherwise, You shall be deemed to have accepted the Product in their condition as-is.
3.9 By hiring Products from The Clicc You agree that it is for a legitimate purpose and not to engage in unfair and/or illegal business activities or competition.
3.10 If We are unable to deliver the Products due to You not being present at the address provided, We can not guarantee that the Products will be provided to you at a later date and no refund will be given for the Hire Fee. If, We, in our absolute discretion, agree to re-attempt delivery, you will be charged a fee for the re-attempted delivery.
4. Undertakings and Warranties
4.1. The following are the limited warranties the Clicc provides in connection with Product hire and timely delivery of Product and the Clicc’s liability to You for failure to comply with any of these warranties is limited a refund of all or some of the Hire Fee as determined by The Clicc in its absolute discretion.
4.2. Subject to availability, We will deliver the Products You ordered on or before the delivery date for which You ordered them, except in the event that the Product is damaged beyond repair or there is an occurrence subsequent to the date of delivery that prevents timely delivery.
4.3. In such event, We will use reasonable efforts to notify You that the Product is unavailable. If We are able to reach You, You will be entitled to choose any available hire Product to replace the unavailable Product. If We are unable to reach You, You acknowledge and agree that We may send You a reasonable substitution replacement product of the same or greater value. Products may appear slightly different in colour and style than as displayed on the Site.
4.4. The Products will be professionally cleaned and delivered ready to use. The Clicc cleans and inspects each Product with the utmost care. Use of the Product is at Your own risk and save for death or personal injury, The Clicc shall not be held liable for any health-related complaints associated with any Product.
4.5. We shall not be responsible, in any circumstances, for any matter which, acting reasonably, is outside of our control.
5. Damage, loss or destruction to the Products
5.1 It is Your responsibility to ensure that the Products are treated with reasonable care. You are responsible for failure to return, loss, destruction, and damage to the Products for any reason other than normal wear and tear, which includes, for the avoidance of doubt, stains on our tablecloths or napkins which the Clicc is unable to remove through washing. Normal wear and tear encompasses minor stains, scratches or other minor damage.
5.2 You shall not use real wax candles on our table linen.
5.3 If You:
5.3.1 do not return a Product;
5.3.2 return a product damaged beyond normal wear and tear; or
5.3.3 use real candles and wax is found on our tablecloths,
you agree to be charged for the price of repairing or replacing the Product, as determined in Our discretion, up to 100% of the original retail value of the Product (“Product Value”) . An additional invoice will be raised to cover these additional costs.
6. Return Of The Products
6.1. With the delivery of the Product, The Clicc will provide You with packaging material as well as instructions for re-packing the Products ready for the agreed scheduled collection. You must return the Product packed as it was delivered and in accordance with the instructions provided.
6.2. All plates, glasses and cutlery (“Crockery”) must be rinsed or run through the dishwasher before they are packed. If Crockery is returned dirty, a washing charge of 25% of the total Hire Fee will apply and this shall be invoiced to you.
6.3 You are responsible for making the Product available for pick-up by The Clicc at the agreed upon location at the agreed upon time. You are solely responsible for the Product until it has been picked up by The Clicc courier.
6.4. We are not responsible for any personal or other items left in the Products or which are returned to the Clicc in the Return Packaging. Our staff may assist in attempting to locate such items at a customer’s request but We are not obligated to assist and assume no liability for doing
6.5. If The Clicc London packaging crates are not returned, You will be charged 100% of the retail value of the crates and such amount shall be invoiced to you.
6.6. If You prevent or delay the scheduled collection of the Product (the “Scheduled Return Date”), which includes, for the avoidance of doubt, where the Product has not been packed and is not ready for collection, a late fee will be payable by You, to Us (the “Late Fee”) and you shall be responsible for returning the goods to a specified London address. The Late Fee, which shall be an amount between 30% and 100% of the Hire invoice per day for each day of delay, shall be applied for each day that your return of the Products is delayed beyond the Scheduled Return Date. The amount charged shall depend on whether the Products were expected for a new booking and could be up to a total of 100% of the Hire Fee per day for each day of delivery.
6.7. If You have not returned a Product within seven (7) days after the return date for the Product, Your late return will be considered a non-return and The Clicc will charge you the Product Value for each item (“Non-Return Fees”), in addition to any other charges referred to in paragraph 6.2, 6.5 or section 5 above.
6.8. Late Fees or Non-Return Fees shall be invoiced to you.
Part C: Use of our Site
1. Availability of our Site and Disclaimers
1.1 Any online facilities, tools, services or information that The Clicc London Limited makes available through the Site(the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. The Clicc London Limited is under no obligation to update information on the Site.
1.2 Whilst The Clicc London Limited uses reasonable endeavours to ensure that the Site is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
1.3 The Clicc London Limited accepts no liability for any disruption or non-availability of the Site.
1.4 The Clicc London Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Site including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Site unless it is expressly stated otherwise.
2. Third Party Content
2.1 Our Site may contain links or references to products, services or other materials or content (“Third Party Content”) which are not under the control of Clicc London
2.2 We are not responsible for examining or evaluating the content or accuracy of such Third Party Content and we assume no responsibility for any Third Party Content or the actions of those that provide or use such Third Party Content.
2.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
2.3 The inclusion of a link to any Third Party Content on this Site does not imply any endorsement of the Third Party Content or of those in control of them.
3. Prohibited Uses
3.1 You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
3.2 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
4. Intellectual Property
4.1. All Content included on the Site, unless uploaded by You, is the property of The Clicc London Limited, our affiliates or other relevant third parties. In these terms and conditions, “Content” means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Site, including any such content uploaded by Users. By continuing to use the Site you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
4.2. You may, for your own personal, non-commercial use only, retrieve, display and view the Content on a computer screen
4.3. You may use our photographs, illustrations, video or audio sequences for the purposes of beneficially promoting The Clicc London but may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of The Clicc London Limited.
4.4. Our status (and that of any identified contributors) as the authors of Content on our site must always be acknowledged.
5. Content
5.1. If You post, upload or make available to the Clicc London, or otherwise submit to or through the Clicc London as part of Your use of the Services, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to Your use of the Products ( “Your Content”), You hereby grant to the Clicc a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and Your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to You, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to You or to any other person or entity.
5.2. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, You represent and warrant that Your Content and Your communication conform to these Terms, and that You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize The Clicc to exploit, Your Content in all manners contemplated by these Terms.
5.3. You waive all moral rights in Your Content which may be available to You in any part of the world and confirm that no such rights have been asserted. None of Your Content
6. Feedback
7.1. By sending Us any feedback, ideas, suggestions, documents or proposals (“Feedback”), You grant to Us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and You waive all moral rights in the Feedback which may be available to You in any part of the world and confirm that no such rights have been asserted.
7.2. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that The Clicc may use Your Feedback without restriction or obligation to You or any third party.
Part D: General
1. Indemnification for Breach
1.1. By using the Products and Services, You agree to indemnify, hold harmless and defend The Clicc and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses including but not limited to legal fees, resulting directly or indirectly from a claim by a third party that is based on Your use of the Services in violation of these Terms.
2. Communications
2.1. By using the Services:
2.1.1 You consent to receive communications from Us where such communications may be for the purpose of notifying You of the status of Your order, sending you reminders, and providing You with other information relevant to the Services you have purchased; and
2.1.2. You consent to receiving periodic marketing and sales information describing our Services as they may change over time.
2.1.3. We will not pass on any information you provide to us, to any third party, unless required to do so by law or, in order to provide the Services.
2.1.4. We acknowledge Your right to opt out of receiving communications by following the unsubscribe procedures set out in our Privacy Policy or by contacting us directly at theclicc.london@gmail.com.
3. Disclaimer of Warranties, Limitation of Liability
3.1. The limited warranties set out in Part A paragraph 4 for hire apply only to You and may not be assigned, sold or transferred to any third party. No other warranties are granted by The Clicc in connection with the Services or Products. The limited warranties shall not apply to any matters arising from Your violation of these Terms.
3.2. Your sole and exclusive remedy and The Clicc’s sole and exclusive liability for a breach by The Clicc’s of the limited warranties set out in Part A paragraph 4 shall be, at The Clicc’s option, The Clicc’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of an amount up to the total of Your Hire Invoice, as applicable.
4. Limitation of Liability
4.1. Nothing in these Terms limits any liability which cannot legally be limited, including but not limited to liability for:
4.1.1. death or personal injury caused by Our negligence, or the negligence of Our personnel, agents or subcontractors; and
4.1.2. fraud or fraudulent misrepresentation.
4.2. Save for any matters referred to above, under no circumstances shall The Clicc be liable for any damages of any kind, including without limitation direct, indirect, incidental, special, consequential, exemplary, multiple or other damages arising out of or in connection with the use of, or the inability to use, the Services and/or the Products, even if We have been advised of the possibility of such damages. Your sole and exclusive remedy hereunder shall be to discontinue your use of the Services and terminate these terms.
5. Entire Agreement
5.1. These Terms, together with the Privacy Policy are the entire agreement and understanding between You and The Clicc relating to the subject matter herein and supersede any prior agreements, communications and proposals whether oral or written (including, but not limited to, any prior versions of the Terms) and shall not be modified except by The Clicc in accordance with these Terms, or as otherwise agreed in writing by You and The Clicc. No employee, agent or other representative of The Clicc has authority to bind The Clicc with respect to any statement, representation, warranty, or other expression not specifically set forth in these Terms.
6. Severability and Waiver
6.1. In the event that any provision of these Terms are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
6.2 The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
7. Assignment
7.1. You may not assign or transfer these Terms or any of Your rights or obligations under these Terms. The Clicc may assign these Terms at any time without notice to You.
8. Force Majeure
8.1. The Clicc Limited will not be liable for or be considered to be in breach of these Terms on account of any delay or failure to perform as required by these Terms as a result of any cause or condition beyond The Clicc’s reasonable control.
9. Governing Law and Exclusivity
9.1. This agreement is governed by the laws of England. Any dispute may be submitted to the non-exclusive jurisdiction of the English courts. If any provision of this Agreement is or becomes invalid or unenforceable the remaining provisions shall not be affected.