Culinary Occasions Terms and Conditions
CATERING TERMS AND CONDITIONS
These Terms and Conditions are the standard terms for the provision of catering services to customers who are consumers by Culinary Occasions, Old Blast Furnace, Lakes Rd., Derwent Howe, Workington CA143YP (“the Caterer”)
1. The Contract
1.1 These Terms and Conditions govern the sale and provision of Catering Services by Us and will form the basis of the Contract between Us and You. Before submitting an Order, please ensure that You have read these Terms and Conditions carefully. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification.
1.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
1.3 A legally binding contract between Us and You will be created upon our acceptance of Your
Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.
1.4 We shall ensure that the following information is given or made available to You prior to the formation of the Contract between Us and You, save for where such information is already apparent from the context of the transaction:
3.4.1 The main characteristics of the Catering Services and the Food;
3.4.2 Our identity (set out above in Clause 2) and contact details (as set out below in
3.4.3 The total Price for the Catering Services and the Food including taxes or, if the nature of the Catering Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
3.4.4 The arrangements for payment, performance and the time by which (or within which)
We undertake to perform the Catering Services;
3.4.5 Our complaints handling policy;
3.4.6 We shall ensure that You are aware of Our legal duty to supply goods (the Food) that
are in conformity with the Contract;
3.4.7 Where applicable, details of after-sales services and commercial guarantees; and
3.4.8 The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract;
4.1 All Orders for Catering Services will be subject to these Terms and Conditions:
4.2 When placing Your Order, the following information will be required:
4.2.1 Details of the Event (including, but not limited to the date and venue);
4.2.2 The number of guests for whom We will be catering;
4.2.3 Your Food choices and any special dietary requirements;
4.3 You may change Your Order after receiving the Order Confirmation up to 21 days before the Event begins. We will use reasonable endeavours to accommodate any requested changes but cannot guarantee that We will be able to do so, particularly if changes are requested only a short time before the Event. If doing so means that We will incur higher costs, We will inform You and ask You how You wish to proceed before taking any action. We will not charge You a higher Price without Your express agreement.
4.4 You may cancel Your Order up to 28 days prior to the date of the Event. If You have already made any payments to Us under Clause 3 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible excluding the £150 Booking Fee, and in any event within 14 Calendar Days of Our acceptance of Your cancellation. If You request that Your Order be cancelled, You must confirm this in writing. If You wish to cancel the Catering Services after this time period, or once We have begun providing them. If you cancel 21 days or less prior to the event 75% will be payable on cancellation.
4.5 We may cancel Your Order at any time before We begin providing the Catering Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as is reasonably possible. If You have made any payments to Us under Clause 5 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 28 Calendar Days of Us informing You of the cancellation. Cancellations will be confirmed in writing.
3. Price and Payment
5.1 The Price of the Catering Services will be calculated at the time of Your Order. The Price
shall be calculated with reference to the following:
5.1.1 The Food, as specified in Your Order;
5.1.2 The number of guests for whom We will be catering;
5.1.3 Special requirements included in Your Order;
5.1.4 Whether waiting on staff are required 5.1.5 Included is all planning, provisioning, cooking, serving and clearing away,
however glasses used on the evening are not washed.
5.1.6 A £150 non-refundable Booking Fee will be paid on booking.
5.2 Our Prices may change at any time but these changes will not affect Orders that We have
5.3 In certain circumstances, If Your Order is cancelled, Your Administration charge will be refunded in full or in part. If the cancellation is within 28 days then the £150 Booking Fee will not be refunded. The amount due will be calculated based upon the Price for the Catering Services, and the amount of work (if any) already undertaken by Us.
5.4 The balance of the Price will be payable 21 days prior to the date of the Event.
5.5 Additional items such as out of pocket expenses or any additional items requested by You after the balance of the Price has been paid will be invoiced separately to You. Please note that We will not incur any additional expense without Your prior agreement.
5.6 We accept the following methods of payment:
5.6.3 Cheque (must be cleared before event); 5.7 The provisions of sub-Clause 5.11 will not apply if You have promptly contacted Us to dispute an
invoice in good faith. No interest will accrue while such a dispute is ongoing.
4. Providing the Catering Services
6.1 As required by law, We will provide the Catering Services with reasonable skill and care, consistent with best practices and standards in the catering market, and in accordance with any information provided by Us about the Services and about Us.
6.2 Subject to the receipt of all payments due, We will provide the Catering Services as
specified in the Order Confirmation.
6.3 We will make every reasonable effort to provide the Catering Services on time (and in accordance with the Your Order. We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 10 for events outside of Our control.
6.4 If We require any information or action from You in order to provide the Catering Services,
We will inform You of this as soon as is reasonably possible.
6.5 If the information or items You provide or the action You take under sub-Clause 6.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on Your part, We may charge You a reasonable additional sum for that work.
6.6 We follow all relevant HACCP guidelines at all stages of food preparation including, but not
limited to, production and handling.
6.7 If We are delivering the Food under sub-Clause 6.9, We shall ensure that all Food is
transported in suitably refrigerated vehicles. 6.8 Included is all planning, provisioning, cooking, serving and clearing away.
6.9 If You are collecting the Food from Us, We will make it available for collection at the time and
date specified in the Order Confirmation.
6.10 Delivery of the Food will be deemed to have taken place when the Food has been delivered to the Event venue as indicated in Your Order and You (or someone identified by You) have taken physical possession of it. If You are collecting the Food from Us, delivery will be deemed to have taken place when You have collected it.
6.11 The responsibility (also known as “risk”) for the Food remains with Us until delivery is
complete as defined in sub-Clause 6.9 at which point it will pass to You.
6.12 Title to the Food passes to You once We have received payment in full.
6.13 Please note carefully the following:
6.12.1 If We refuse to deliver the Food (for reasons other than Your failure to pay any and all sums due or other material breach of the Contract), You may treat the Contract as being at an end and, irrespective of any part of the Catering Services We have provided, We will reimburse You as soon as is reasonably possible, and in any event within 28 Calendar Days of the event triggering Your cancellation.
6.12.2 We recognise that delivery of the Food at the agreed time and date will be essential. If We fail to deliver the Food on time, You may treat the Contract as being at an end and We will reimburse You as soon as is reasonably possible, and in any event within 28 Calendar Days of the event triggering Your cancellation.
6.13 If either event in sub-Clause 6.12 occurs You may, at Your discretion, instead of treating the Contract as being at an end, specify a new delivery time. If We continue to fail to deliver the Food, You may treat the Contract as being at an end and We will reimburse You as soon as is reasonably possible, and in any event within 28 Calendar Days of the event triggering Your cancellation.
6.14 If, despite the events in sub-Clause 6.12 and 6.13, You still choose not to treat the Contract as being at an end, Your right to Cancel Your Order or to reject the Food will be unaffected. If You do so, We will reimburse You as soon as is reasonably possible, and in any event within 28 Calendar Days of the event triggering Your cancellation.
6.15 Where the Food may be deemed to form a Commercial Unit, You may only reject or cancel all of it, not a portion of it.
6.16 If the catering is taking place at a holiday let, rented accommodation or venue, it is your responsibility to ensure equipment is clean and left in the correct state at the end of your rental/hire according to your contract with them. We will endeavour to clean all equipment (except glasses) however it is your responsibility to check this at the end of your contract. We will not be responsible for any terms under your contract with the accommodation/venue provider.
5. Problems with the Catering Services and Your Legal Rights
7.1 We always use reasonable efforts to ensure that Our provision of the Catering Services is trouble-free. If, however, there is a problem with the Catering Services We request that You inform Us as soon as is reasonably possible.
7.2 We will use reasonable efforts to remedy problems with the Catering Services as quickly as
is reasonably possible and practical.
7.3 We will not charge You for remedying problems under this Clause 5 where the problems have been caused by Us, any of Our agents or employees or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by You, sub-Clause 6.4 will apply and We may charge You for remedial work.
We shall ensure that We have in place at all times suitable and sufficient public liability insurance in order to provide the Catering Services.
7. Our Liability
9.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of the Contract or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
9.2 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub- contractors); or for fraud or fraudulent misrepresentation.
9.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Catering Services with reasonable care and skill or in accordance with information provided by Us about the Catering Services or about Us.
9.4 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
8. Events Outside of Our Control (Force Majeure)
10.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
11.1 If You wish to cancel the Contract and Your Order for the Catering Services before We begin
providing them, You may do so under sub-Clause 4.4.
11.2 Once We have begun providing the Catering Services, You are free to cancel the Catering Services and the Contract at any time before the delivery of the Food by giving Us 28 days written notice. If You have made any payment to Us for any part of the Catering Services that We have not yet completed, these sums will be refunded to You as soon as is reasonably possible, and in any event within 28 Calendar Days of Our acceptance of Your cancellation. For any part of the Catering Services that We have already commenced work on (for example, the purchase and preparation of Food), the relevant sums will either be deducted from any refund due to You or You will be invoiced for the sums due and required to make payment in accordance with Clause 5, as appropriate.
11.3.1 If any of the following occur, You may cancel the Catering Services and the Contract immediately by giving Us written notice. If You have made any payment to Us for any part of the Catering Services We have not yet provided, these sums will be refunded to You within 14 days. For any part of the Catering Services that We have already provided, the relevant sums will either be deducted from any refund due to You or You will be invoiced for the sums due, as appropriate. If You cancel because of Our breach under sub-Clause 11.3.1, You will not be required to make any further payments to Us and will receive a full refund of any sums already paid.
11.3.2 We are unable to provide the Catering Services due to an event outside of Our
control (as under sub-Clause 10.2.4).
11.3.3 We change these Terms and Conditions to Your material disadvantage
11.3 We may cancel Your Order for the Catering Services before we begin providing them under
11.4 If any of the following occur, We may cancel the Catering Services and the Contract immediately by giving You written notice. If you have made any payment to Us for any part of the Catering Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided any part of the Catering Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 5. We will not be required to give 30 days notice in these circumstances:
11.5.1 You fail to make a payment on time as required under Clause 5 (this does not affect
Our right to charge interest on overdue sums ; or
11.5.2 You have breached the Contract in any material way and have failed to remedy that
breach within 30 days of Us asking You to do so in writing; or
11.5.3 We are unable to provide the Catering Services due to an event outside of Our
10. Complaints and Feedback
13.1 We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
13.2 If You wish to complain about any aspect of Your dealings with Us, including, but not limited
to, these Terms and Conditions, the Contract, or the Catering Services, please contact Us.
10. How We Use Your Personal Information (Data Protection)
14.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.
14.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from yvonne@culinary- occasions.co.uk.
11. Other Important Terms
15.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
15.2 You may not transfer (assign) Your obligations and rights under these Terms and Conditions
(and under the Contract, as applicable) without Our express written permission.
15.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
15.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. . The remainder of these Terms and Conditions shall be valid and enforceable.
15.5 No failure or delay by Us or You in exercising any of Our rights under these Terms and Conditions means that We have waived such right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
12. Governing Law and Jurisdiction
12.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
12.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
12.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.