TERMS & CONDITIONS

Effective date: 15 July 2023

These Terms & Conditions apply to all bookings made with CandyPop Events Hire Ltd, trading as CandyPop Hire (“CandyPop”, “we”, “us” or “our”).

These Terms should be read together with your quotation, invoice, booking confirmation, event schedule and any other written terms specifically agreed for your booking.

By paying a deposit or other booking payment, making full payment, confirming a booking in writing, or instructing us to begin preparing your booking, you confirm that you accept these Terms & Conditions.

Nothing in these Terms excludes or restricts any statutory or other legal rights that cannot lawfully be excluded.

1. About CandyPop

CandyPop Events Hire Ltd provides professional event catering, equipment hire, staffed food and drink stations, dessert stations and interactive event experiences.

Our services may include:

- Gourmet popcorn
- Candyfloss
- Double and triple tank slush machines
- Soft-serve ice cream
- Chocolate fountains
- Hot dog stations
- Sweet carts
- Crêpes
- Mini Dutch pancakes
- Waffle sticks
- Hot chocolate
- Luxe digital event carts
- Selfie pods and photo experiences
- Corporate branding
- Personalised packaging
- Branded food and drink services
- Other event equipment and services agreed in writing

Some services are fully staffed and operated by CandyPop. Dry hire or self-service is only provided where this is specifically agreed in writing.

Business address:
100 The Highway
London
E1W 2BX

Email: hello@slushcandypop.co.uk
Telephone: 07842 659 302
Website: www.slushcandypop.co.uk

CandyPop Events Hire Ltd is not currently VAT registered. VAT will therefore not be added unless we notify you otherwise.

2. Definitions

For these Terms:

“Client”, “Customer”, “you” or “your” means the individual, company, organisation or other entity making the booking.

“Equipment” includes machines, carts, stands, tables, displays, photo equipment, digital equipment, accessories, cables, serving equipment and any other items supplied by CandyPop.

“Operator” means a member of CandyPop staff or an authorised contractor supplied to operate or supervise Equipment.

“Staffed Service” means a service where CandyPop provides staff to prepare, operate and/or serve from the Equipment.

“Dry Hire” or “Self-Service Hire” means Equipment supplied without a CandyPop Operator for all or part of the hire.

“Sweet Cart” means a cart or display supplied with sweets, chocolates, confectionery or treats as specified in the booking.

“Event” means the event, booking or hire identified in the confirmed quotation or invoice.

3. Quotations and Booking Formation

A quotation does not automatically reserve a date unless we specifically state otherwise.

Availability is offered on a first-confirmed basis.

A booking becomes confirmed only when:

1. we have received the required deposit or other agreed payment;
2. we have accepted the booking details; and
3. we have issued written confirmation.

Provisional enquiries, telephone discussions, social-media messages and requests for quotations do not by themselves constitute a confirmed booking.

Your quotation or invoice will normally identify:

- event date;
- venue;
- service or hire times;
- Equipment/services;
- approximate guest numbers;
- serving allowance;
- staffing;
- package;
- price; and
- any special requirements.

You must check the booking information carefully and notify us promptly of any mistakes.

4. Prices, Deposits and Payment

Unless otherwise stated, all prices are quoted in pounds sterling.

The price includes only the items and services shown on your confirmed quotation or invoice.

A booking deposit is required to reserve the date, Equipment and staff. The standard booking deposit is £50, unless a different amount is specified.

The deposit forms part of the total booking price.

The remaining balance must be paid by the deadline shown on the invoice, normally 48–72 hours before the Event.

For last-minute bookings, cleared payment may be required immediately or before Equipment and staff are dispatched.

Where Equipment is due to leave our premises on the morning of an Event, we may require cleared payment by 10:00am.

Corporate and business clients may be required to pay the full amount in advance unless credit terms have been agreed in writing.

Internal purchase-order procedures do not alter an agreed payment deadline unless CandyPop agrees in writing.

If payment is overdue, we may suspend preparations and may decline to dispatch Equipment or staff until cleared payment is received.

Additional charges may apply for agreed:

- additional servings;
- additional hours;
- overtime;
- waiting time;
- additional staff;
- parking;
- congestion charges;
- tolls;
- additional journeys;
- difficult access;
- stairs;
- extended carrying distances;
- venue delays;
- last-minute changes; or
- other additional services requested by the Client.

Any additional charge must be reasonable and related to additional services or costs incurred.

5. Consumer and Business Bookings

Some legal rights differ depending on whether you are booking as a private consumer or in the course of a business.

Nothing in these Terms removes rights given to consumers by law.

Where the Client is a company, business, public authority, charity, agency, venue or other organisation booking for purposes connected with its activities, the provisions specifically referring to business clients will apply.

6. Cancellation by the Client

All cancellations must be made in writing.

Because Event bookings reserve a specific date, Equipment, stock and staff, cancellation may cause CandyPop to incur costs or lose the opportunity to accept another booking.

Where a Client cancels, CandyPop may retain or charge a reasonable amount reflecting losses directly resulting from that cancellation, including where applicable:

- reasonable administration and preparation already completed;
- non-recoverable ingredients or consumables;
- branded or personalised goods;
- staff commitments;
- supplier charges;
- travel or accommodation already booked;
- hired-in Equipment;
- non-refundable third-party charges; and
- reasonable loss caused by the date being reserved and no longer being capable of being rebooked.

The standard £50 booking deposit will normally be applied towards these losses where a cancellation occurs.

We will not retain or charge an amount that is disproportionate to the loss reasonably resulting from the cancellation.

If we successfully rebook Equipment, staff or the Event date, this will be taken into account when calculating any cancellation charge.

Event-specific, personalised or branded items that have already been ordered or produced may remain payable.

Certain catering or leisure services supplied on a specified date may not have the standard statutory cancellation period that applies to some online or distance contracts.

Where you have a statutory cancellation right, nothing in these Terms removes that right.

7. Postponements and Date Changes

Requests to change the Event date, venue or service time are subject to availability and must be agreed in writing.

We will make reasonable efforts to transfer the booking where possible but cannot guarantee availability.

If a transfer is agreed, additional charges may apply for:

- increased travel;
- supplier charges;
- additional administration;
- increased staffing costs;
- price changes;
- non-recoverable stock; or
- branded or personalised items already produced.

Unless otherwise agreed, a replacement Event should normally take place within 12 months of the original date.

Repeated postponements may be treated as a cancellation if they result in significant additional cost or loss.

8. Changes or Cancellation by CandyPop

We may make reasonable operational changes where necessary.

Examples include:

- replacing Equipment with an equivalent or better model;
- changing the allocated staff member;
- substituting an unavailable flavour;
- substituting a product with a reasonably comparable alternative.

Where practical, we will discuss any material substitution with you.

If CandyPop is unable through its own fault to provide a material part of the confirmed service, we will provide an appropriate remedy which may include:

- replacement;
- alternative service;
- reasonable price reduction; or
- refund of the affected service.

If CandyPop cancels an entire booking due to circumstances for which we are responsible, payments relating to services that are not supplied will be refunded.

9. Event Information and Client Responsibilities

The Client must provide accurate information including:

- full venue name;
- full address and postcode;
- Event date;
- access time;
- service start and finish times;
- guest numbers;
- contact person;
- telephone number;
- parking arrangements;
- loading arrangements;
- security procedures;
- lift access;
- stairs;
- venue restrictions; and
- any relevant health and safety requirements.

The Client is responsible for obtaining permission from the venue for CandyPop's Equipment, staff, food preparation, power requirements and setup.

Venue restrictions must be disclosed before the Event wherever reasonably possible.

This includes:

- security checks;
- loading restrictions;
- limited lift access;
- loading-bay booking requirements;
- inductions;
- permits;
- restricted electrical use;
- RAMS requirements;
- insurance requirements; and
- access passes.

Failure to provide relevant information may result in delays, reduced service time or reasonable additional charges.

10. Access, Parking and Loading

The Client must ensure adequate access for the Equipment.

Equipment can be large and heavy.

You must notify us before confirming your booking where access involves:

- stairs;
- narrow entrances;
- long carrying distances;
- restricted lifts;
- loading restrictions;
- pedestrian-only areas;
- security screening; or
- any other unusual access.

Heavy Equipment will not normally be carried up or down stairs unless agreed in advance.

Suitable parking or loading facilities must be provided as close as reasonably possible to the setup location.

Unless your quotation expressly includes parking, parking fees incurred while fulfilling the booking are payable by the Client.

Additional charges may apply where unexpected access difficulties cause significant additional labour, parking, waiting or delivery time.

11. Power, Water and Venue Facilities

The Client must provide safe and adequate electricity wherever required.

Equipment must only be connected to a suitable electrical supply.

Where we specify that an individual item requires its own power supply, the Client or venue must ensure this is available.

Power outlets must be reasonably close to the agreed setup location unless alternative arrangements have been approved.

Slush machines and certain other services may require access to clean drinking water.

Where required, the Client must ensure drinking water is available within a reasonable distance of the setup location.

We are not responsible for delays or service failures caused by:

- unsuitable power;
- overloaded circuits;
- venue power cuts;
- unsafe extension leads;
- generator failure;
- lack of water;
- venue internet failure; or
- other facilities outside CandyPop's control.

12. Delivery and Setup

CandyPop will deliver and set up Equipment at the venue stated in the confirmed booking.

Setup and arrival times depend on:

- Equipment type;
- Event size;
- venue access;
- parking;
- security;
- loading restrictions; and
- venue procedures.

Our planned arrival time may be before the agreed guest service time.

The Client must ensure the venue is accessible when agreed.

If CandyPop is prevented from setting up because the Client or venue is not ready, reasonable waiting charges may apply.

Where a delay is caused by the Client, venue, security procedures, unavailable access or unavailable facilities, the booked service period will not automatically be extended.

13. Hire Period and Service Duration

The service or hire period is the period confirmed on your quotation, invoice or booking confirmation.

Many services are commonly booked for approximately two hours, but the actual duration is whatever has been agreed in writing.

Setup and pack-down time do not normally form part of guest service time unless specifically stated.

If you require the service to continue beyond the agreed finish time, this is subject to:

- staff availability;
- Equipment availability;
- venue restrictions;
- sufficient stock; and
- additional payment.

Overtime must be authorised by CandyPop.

14. Staffed Services and Operators

Unless Dry Hire or Self-Service Hire has specifically been agreed, Equipment must be operated only by CandyPop personnel.

Clients, guests, venue staff and third parties must not:

- operate Equipment;
- adjust controls;
- move Equipment;
- disconnect Equipment;
- add ingredients;
- interfere with safety devices; or
- attempt repairs.

Where an Operator is supplied, they are responsible for normal operation of the Equipment during the booked service period.

CandyPop staff are entitled to a safe and respectful working environment.

We may temporarily stop or, in serious circumstances, end service where staff face:

- threats;
- violence;
- harassment;
- dangerous behaviour;
- severe intoxication;
- unsafe crowding;
- deliberate interference with Equipment; or
- another genuine safety risk.

Where reasonably possible, the Client will first be given an opportunity to resolve the issue.

15. Dry Hire and Self-Service Equipment

Dry Hire or Self-Service Hire must be agreed in writing.

Where Equipment is provided without an Operator, the Client accepts responsibility for supervising the Equipment during the hire period and ensuring that it is used only in accordance with CandyPop's instructions.

The Client must not:

- allow children to operate Equipment;
- allow unauthorised persons to dismantle Equipment;
- alter Equipment;
- repair Equipment;
- move Equipment to another venue;
- sub-hire Equipment; or
- use Equipment for a purpose for which it was not supplied.

Where training or operating instructions are provided, the Client must ensure the responsible person understands them.

Separate Dry Hire conditions may also apply, including:

- proof of identification;
- security deposit;
- collection deadline;
- return deadline;
- cleaning requirements; and
- responsibility for consumables.

16. Sweet Cart Services

Sweet Cart contents, quantities, flavours and presentation will be based on the package agreed in writing.

Where sweets are supplied for a specified number of servings, that number represents the planned maximum allowance based on standard portions.

Clients and guests must use serving utensils where provided and must not interfere with covered or protected stock.

Unless expressly agreed otherwise in writing, Sweet Carts are intended for indoor use.

Outdoor conditions can affect food hygiene, appearance and product quality.

Where an outdoor Sweet Cart is specifically approved, appropriate shelter and environmental protection must be provided.

17. Chocolate Fountain Services

Chocolate fountains must be placed on a stable and level surface in a suitable indoor environment unless CandyPop expressly agrees otherwise in writing.

Unless specifically approved, chocolate fountains are not suitable for outdoor use because temperature, wind, insects, dust and weather conditions may adversely affect safe operation and food quality.

Guests must follow any serving instructions and must not place unsuitable items, used food or foreign objects into the fountain.

Children using the fountain must be appropriately supervised.

18. Servings, Quantities and Guest Numbers

Serving quantities are calculated using standard CandyPop portions.

Where a booking states “up to 100 servings”, for example, 100 is the maximum planned serving allowance rather than a guarantee that 100 guests will consume a serving.

Where a package is described as “unlimited”, this means reasonable continuous service during the confirmed service period, subject to:

- Equipment capacity;
- staffing;
- service speed;
- normal portion sizes; and
- reasonable guest demand.

It does not mean an unlimited quantity after the service period has ended.

The Client must notify CandyPop of significant changes to guest numbers.

If guest attendance materially exceeds the confirmed figure, CandyPop may recommend additional:

- stock;
- staff;
- Equipment; or
- service time.

If those recommendations are declined, CandyPop cannot guarantee that the original booking will be sufficient for the increased attendance.

19. Food Safety, Allergens and Dietary Requirements

CandyPop takes food hygiene and allergen management seriously.

Ingredient and allergen information is available on request and may be displayed at the Event.

The Client should notify CandyPop in writing before the Event of any known:

- allergies;
- intolerances;
- dietary requirements;
- religious dietary requirements; or
- venue food policies.

Ingredients, suppliers, recipes, flavours and brands may occasionally change.

Guests with allergies or intolerances should therefore check the current allergen information before consuming a product.

Although reasonable precautions are taken, products may be stored, transported, prepared or served in environments where allergens are present.

CandyPop cannot guarantee a completely allergen-free environment unless a specific controlled arrangement has expressly been agreed in writing.

Children and vulnerable guests must be appropriately supervised.

Alcohol must not be added to slush machines or other products unless this has been expressly agreed and can be done lawfully and safely.

20. Equipment Use and Safety

Equipment must be used only for its intended purpose.

Children must be kept away from:

- hot surfaces;
- moving mechanisms;
- electrical components;
- sharp parts;
- operating areas; and
- other potentially hazardous parts of Equipment.

The Client must not remove safety guards or interfere with Equipment.

CandyPop may stop Equipment from being used if continued operation could create a safety, hygiene or equipment risk.

21. Damage, Loss and Cleaning

All CandyPop Equipment remains CandyPop's property.

The Client is responsible for loss of or damage to Equipment caused by:

- the Client;
- guests;
- venue staff;
- contractors; or
- other persons under the Client's responsibility,

except for fair wear and tear or damage caused by CandyPop's negligence.

The Client may be charged the reasonable cost of:

- repairs;
- replacement;
- specialist cleaning;
- missing Equipment;
- missing accessories; or
- damage caused by improper use.

Where appropriate, CandyPop will provide reasonable evidence of the cost.

The Client must not attempt to repair damaged Equipment.

Any Equipment fault should be reported to CandyPop immediately.

22. Collection and Return

Where CandyPop is responsible for collection, Equipment must remain accessible and ready for collection at the agreed time.

The Client must ensure that venue staff continue to provide access until CandyPop has completed collection.

Equipment must not be moved, dismantled or placed outside for collection unless CandyPop has agreed this.

Where collection is delayed because:

- the venue is locked;
- access is unavailable;
- Equipment has been moved;
- security refuses access;
- the Client is unavailable; or
- the Equipment is not ready,

reasonable additional staff, vehicle, parking or waiting charges may apply.

For Dry Hire Equipment collected or returned by the Client, agreed return times must be observed.

Late-return charges may apply where a delay causes CandyPop reasonable additional cost or affects another confirmed booking.

23. Outdoor Events and Weather

Any outdoor setup must be disclosed and agreed before the Event.

The Client must provide a:

- stable;
- level;
- clean;
- adequately sheltered; and
- weather-resistant

operating area appropriate for the Equipment.

Electrical Equipment must be properly protected from weather and moisture.

CandyPop may refuse, delay or stop an outdoor service if rain, wind, heat, cold, flooding, unstable ground or another condition creates a genuine:

- safety risk;
- electrical risk;
- hygiene risk; or
- risk of Equipment damage.

CandyPop will make such decisions reasonably, with safety taking priority.

The Event organiser should always have an appropriate indoor or covered alternative.

Where CandyPop attends the Event and is able and willing to perform but weather or venue conditions make safe operation impossible, a refund is not automatic. Any decision regarding payment will take account of services already provided, irrecoverable costs, recoverable savings and applicable law.

24. Branded and Personalised Services

Artwork and branding must be supplied by any stated deadline.

Unless otherwise agreed, artwork should be supplied in a suitable high-resolution format.

The Client confirms that it has permission to use any:

- logo;
- photograph;
- trademark;
- artwork;
- company name; or
- other material

provided to CandyPop.

The Client is responsible for checking proofs for:

- spelling;
- dates;
- logos;
- colours;
- wording; and
- design details.

Approval of a proof authorises production.

Changes requested after approval may incur additional charges and may not be possible.

Printed colours may vary slightly from colours displayed on screens.

Personalised, branded and custom-made products cannot normally be reused. Reasonable non-recoverable production costs may therefore remain payable following cancellation.

25. Photography, Marketing and Confidentiality

CandyPop may photograph its Equipment and setup for operational records.

We will seek appropriate permission before deliberately publishing identifiable images of guests from private Events for marketing purposes.

The Client must tell CandyPop in writing before the Event if:

- photography is prohibited;
- photography requires prior approval;
- the Event is confidential;
- there is an embargo; or
- content must not be published.

For corporate Events, a separate confidentiality agreement or NDA applies only where agreed in writing.

26. Health, Safety and Compliance

Where reasonably required, CandyPop can provide relevant:

- risk assessments;
- method statements;
- PAT information; and
- evidence of public liability insurance.

Requests should be made with sufficient notice before the Event.

The venue and Event organiser remain responsible for overall:

- site safety;
- crowd control;
- venue licensing;
- fire procedures;
- emergency procedures; and
- areas outside CandyPop's immediate operating space.

CandyPop may refuse an instruction that is unsafe, unlawful, contrary to food-hygiene requirements or likely to damage Equipment.

27. Events Outside Our Reasonable Control

CandyPop will not be responsible for failure or delay caused by circumstances genuinely outside its reasonable control.

These may include:

- severe weather;
- flood;
- fire;
- serious road closures;
- major transport disruption;
- venue closure;
- widespread utility failure;
- civil emergencies;
- industrial action;
- government restrictions; or
- unavoidable supplier failure.

The affected party must communicate the situation as soon as reasonably possible and take reasonable steps to minimise its effects.

Depending on the circumstances, CandyPop may offer:

- an alternative;
- substitution;
- rescheduling; or
- an appropriate adjustment or refund.

Any financial adjustment will take account of services already provided, irrecoverable costs, recoverable savings and applicable consumer law.

28. Liability

CandyPop is responsible for foreseeable loss or damage caused by our breach of contract or negligence.

CandyPop is not responsible for loss caused by:

- inaccurate information supplied by the Client;
- venue failure;
- unsafe venue facilities;
- guest misconduct;
- unauthorised interference with Equipment; or
- circumstances outside our reasonable control,

except where the law provides otherwise.

For business Clients, to the extent permitted by law, CandyPop will not be liable for indirect or consequential loss or for loss of:

- profits;
- revenue;
- business;
- anticipated savings;
- opportunity; or
- goodwill.

Where legally permitted, CandyPop's total liability relating to a booking will not exceed the total amount paid or payable for that booking.

Nothing in these Terms excludes or restricts liability for:

- death or personal injury caused by negligence;
- fraud;
- fraudulent misrepresentation; or
- any other liability that cannot legally be excluded or limited.

Nothing in these Terms removes a consumer's statutory right to receive services performed with reasonable care and skill.

29. Complaints

If a problem arises during an Event, please raise it with the CandyPop Operator or Event supervisor as soon as reasonably possible so that we have an opportunity to resolve it.

Formal complaints should be sent to:

hello@slushcandypop.co.uk

Please include:

- booking name;
- Event date;
- details of the issue; and
- photographs or other relevant information where available.

Failure to raise an issue immediately does not remove legal rights, although it may affect our ability to investigate something that could have been rectified during the Event.

30. Data Protection

CandyPop may use personal information for:

- enquiries;
- quotations;
- bookings;
- payments;
- Event delivery;
- legal compliance; and
- customer service.

Our Privacy Policy provides further information regarding the use of personal information.

Where the Client supplies personal information about attendees, employees or other third parties, the Client confirms that it is lawfully entitled to provide that information where required.

31. Intellectual Property

Unless otherwise stated, CandyPop's:

- website content;
- photographs;
- package descriptions;
- graphics;
- designs;
- marketing materials; and
- business materials

remain the intellectual property of CandyPop or its licensors.

They must not be copied, reproduced or commercially reused without permission.

Client-owned logos and artwork remain the Client's property.

The Client gives CandyPop permission to use those materials only to the extent reasonably necessary to fulfil the booking and any separately approved marketing activity.

32. Third-Party Suppliers

CandyPop may use suitable:

- employees;
- contractors;
- freelancers;
- couriers;
- specialist suppliers; or
- hired-in Equipment

to fulfil parts of a booking.

CandyPop remains responsible for the services it has contracted to provide, subject to these Terms.

Venues, parking providers, payment providers and other independent third parties may operate under their own terms.

33. Changes to These Terms

The version of these Terms accepted when the booking is confirmed will apply to that booking.

CandyPop may update its website Terms for future bookings.

Material changes will not normally be applied retrospectively to an existing confirmed booking without agreement, except where required by law.

Where an expressly agreed written quotation or booking condition conflicts with these general Terms, the more specific written term will take priority for that booking.

34. General

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue in effect.

A delay by either party in enforcing a right does not mean that the right has been waived.

These Terms together with the confirmed quotation, invoice, booking confirmation and any expressly agreed written variations form the agreement between CandyPop and the Client relating to the booking.

Nothing in this clause limits liability for fraud or fraudulent misrepresentation.

35. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales.

Consumers may bring proceedings in any courts available to them under applicable consumer law.

Business Clients agree that the courts of England and Wales will have exclusive jurisdiction unless CandyPop agrees otherwise in writing.

Contact

CandyPop Events Hire Ltd
100 The Highway
London
E1W 2BX

Email: hello@slushcandypop.co.uk
Telephone: 07842 659 302
Website: www.slushcandypop.co.uk