Terms & Conditions
Please read all these terms and conditions (“Terms”).
1 General
1.1 By using our Website, you confirm that you accept these Terms and that you agree to comply with them.
1.2 By ordering our Services you accept that performance of these Services will be subject to these Terms which are also referred to in any Quote that you will receive from us.
1.3 If you do not agree to these Terms, you must not order Services or use our Website
1.4 You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
1.5 Promotion of our Services is directed toward people and entities based in the United Kingdom. We do not represent that content available on or through our Website is appropriate for use or available in other locations
1.6 We amend these terms from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time.
1.7 We recommend that you print a copy of these Terms for future reference.
2 Application
2.1 These Terms will apply to your use of our Website in general and to the purchase of the Services by you (the “Customer” or “you”). We are The Pink Elephant Events Ltd, a company whose office is at 20 - 22 Wenlock Road, London, England, N1 7GU with email address info@thepinkelephant.co.uk; (“TPE” or “us” or “we”).
2.2 These are the terms on which we sell all Services to you through any medium. By requesting any of our Services, you agree to be bound by these Terms. You can only purchase the Services from us if you are eligible to enter into a contract and are at least 18 years old.
3 Definitions
Booking Form means the online booking request available on the Website which you must complete and send to us before we can give you a Quote;
Business Day means a day other than a public holiday in England when banks in London are open for business;
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract means the legally binding agreement between you and us for the supply of the Services, the provision of which are contained in the Quote and these Terms;
Deposit means the sum payable to us upfront in order to secure our engagement for the Services;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Event means the occasion in respect of which you have requested us to provide the Services;
Fees means the charges for the Services as outlined in the Quote or any change fees as particularised in Clause 7.2.
Premises means your home or premises or other location where the Services are to be performed, as set out in the Quote;
Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
Quote means an offer to supply Services to you in writing subject to these Terms;
Services means the services advertised on the Website being catering and event planning and management services, the specific details of which are set out in the Quote;
Website means our website www.thepinkelephant.co.uk on which the Services are advertised.
4 Services
4.1 We will provide the Services with reasonable care and skill.
4.2 You acknowledge when using our Website that all Services which appear on the Website are subject to availability.
4.3 We reserve the right to:
4.3.1 make changes to the Services which are necessary to comply with any applicable law or safety requirements. However, in such circumstances, we will endeavour to notify you of these changes as soon as practicable;
4.3.2 make changes to the food and event packages offered to you if one or more elements are not available. In such an instance, we will endeavour to replace any unavailable elements using ingredients of comparable quality and suitability; and
4.3.3 sub-contract parts of the Services to third-party service providers, in particular alcoholic beverage packages. In such instances please be aware of the risks associated with holding events where alcohol is consumed and ensure that guests act responsibly as we will not be liable for the actions of guests who become intoxicated.
4.4 For the avoidance of doubt, we are not responsible for clean-up after the Event or for the disposal of any food or beverages provided by us or any third-party engaged by us to perform any part of the Services.
5 Customer responsibilities and hiring
5.1 As the Services are tailored to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate. In particular, the final number of guests must be notified to us in writing no later than 7 days prior to the performance of the Services. If the numbers increase by up to 10 guests, we will use reasonable endeavours to accommodate this increase subject to an increase in the Fees in accordance with Clause 8.1. There shall be no reduction in the fees should the number of guests decrease.
5.2 You warrant that you have the necessary rights to engage us for the Services at the Premises.
5.3 You must co-operate with us in all matters relating to the Services, provide us, our sub-contractors and our authorised employees and representatives with access to the Premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed). In particular you agree to:
5.3.1 Inform us of all guests’ dietary requirements, in particular allergies that any of the guests might have at least 7 days in advance of any given Event;
5.3.2 Provide a clear food preparation area of sufficient size in accordance with our instructions;
5.3.3 Provide a food serving area that is not in direct sunlight, or if inside the Premises, is situated within an air-conditioned room to ensure compatibility with food safety standards.
5.3.4 Provide us and our sub-contractors with parking facilities or free parking vouchers if applicable for the duration of the Event; and
5.3.5 Comply with any further instructions communicated to you by us prior to commencement of the Services.
5.4 Your failure to comply with Clause 5.3 constitutes a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
5.5 Where required, you must consult with your landlord and/or building management company about the Services that you are being provided and gain consent before ordering the Services.
5.6 It is your sole responsibility to inform us of:
5.6.1 Any legal obligations or permission that may be relevant to carrying out the Services; and
5.6.2 Any health and safety issues which we might come across whilst performing the Services.
5.7 If you have not informed us of any of the considerations mentioned in Clause 5.6 above prior to the Event, we accept no responsibility for any issues that may arise.
5.8 Hiring Event Catering Products as part of an Event Package:
In this clause, “Event Catering Products” may include some or all of the following items depending on what you order, and what we agree to provide: platter display boards, napkins, glassware, silver buckets, table mats, table linen, vases, furniture, wooden cheese boards, platters and any other required tableware.
5.8.1 If you have requested presentation services, you may also request the hire of extra Event Catering Products. The fees for hiring any of these additional Event Catering Products are available on request and will be set out in the applicable invoice for Services.
5.8.2 We will deliver the Event Catering Products to you prior to the Event and will arrange for collection of all the Event Catering Products no later than 72 hours after the date of the Event.
5.8.3 Loss or damage of any Event Catering Products whilst on hire from the point of delivery to the point we collect the Event Catering Products, remain your sole responsibility. The Pink Elephant will operate a discretionary approach to breakages and loss, however in the event of loss or damage deemed to be beyond the accepted discretionary level, you will be charged the full replacement costs and these charges are payable on the due date of the invoice. A full list or charges are available on request.
5.8.4 Upon delivery, please check for any damaged or missing items and report them to us immediately to enable replacements to be provided and in the case of missing items.
5.8.5 You may cancel the hire of the Event Catering Products in line with the cancellation terms set out in clause 10.
5.9 Hiring Event Catering Products without booking an Event Package:
In this clause, “Event Catering Products” may include some or all of the following items depending on what you order, and what we agree to provide: platter display boards, napkins, glassware, silver buckets, table mats, table linen, vases, furniture, wooden cheese boards, platters and any other required tableware.
5.9.1 Prices are available from us on request. We will set out in an invoice the list of Event Catering Products we agree to loan to you once we confirm by email that we accept your offer to hire certain of our Event Catering Products. It is your responsibility to collect the Event Catering Products prior to your event from a location to be confirmed on your invoice. The Event Catering Products must be returned to the collection location no later than 24 hours after the end of your event. The date and start and end times of the event will be specified in the invoice.
5.9.2 Loss or damage of any Event Catering Products whilst on hire from the point of delivery to the point we collect the Event Catering Products, remain your sole responsibility. The Pink Elephant will operate a discretionary approach to breakages and loss, however in the event of loss or damage deemed to be beyond the accepted discretionary level, you will be charged the full replacement costs and these charges are payable on the due date of the invoice. A full list or charges are available on request.
5.9.3 A minimum deposit of 50% of the hire charges as specified in the invoice will be payable on receipt by us of your order for hiring the Event Catering Products. This deposit will be refunded to you once we receive the Event Catering Products back without any damage or missing items. If there is any damage or missing items, we reserve the right to retain your deposit.
5.10 Cancelling hire of the Event Catering Products alone. If you notify us to cancel more than 7 days before the agreed event hire date then you will be liable for 50% of the fees or the deposit paid, whichever is greater. If you notify us to cancel less than 7 days before the agreed hire date, then you will be liable for 100% of the hire fees.
5.11 We accept no responsibility for any loss or injury caused by the use of the Event Catering Products.
6 Personal information
6.1 We retain and use all information strictly under the privacy policy on our website.
6.2 We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
6.3 You agree that we can use any digital media generated by us during the performance of the Services in order to promote TPE in any way including via social media accounts.
7 Basis of Contract
7.1 Once you submit the Booking Form to us, or contact us via phone or e-mail, we will endeavour to get back to you with a Quote within 5 Business Days.
7.2 The description of the Services on our Website does not constitute a contractual offer to sell the Services. Once you have accepted the Quote and we have received the Deposit monies in cleared funds, the Contract will then be formed for the Services ordered, governed by these Terms.
7.3 Please ensure that the Quote is complete and accurate and inform us immediately of any errors prior to acceptance so that we can revise the Quote accordingly. Once you accept the Quote it cannot be changed unless by agreement in writing between us or by us in accordance with these Terms. Any such changes will incur extra fees as follows:
7.3.1 should you wish to make a change to the Services requested and outlined in the agreed Quote or should you wish to make a change in the date for performance of the Services or the location of the Premises, the change fee will be calculated at 15% of the Fees plus VAT; and
7.3.2 the extra Services you have requested shall be chargeable at our standard rates.
7.4 Any Quote is valid for a maximum period of 30 calendar days from its date, unless we expressly withdraw it at an earlier time.
7.5 No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the parties in writing.
8 Fees, Expenses and Payment
8.1 The Fees for the Services and any additional charges are those that are set out on the Quote at the date you accept the Quote or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
8.2 Unless indicated otherwise, the Fees include recycled bamboo cutlery. Please note that paper napkins and bamboo cutlery will be included in our picnic box range only.
8.3 You must pay the Deposit being 50% of the total Fees, upon receipt of the invoice. Failure to do so will result in TPE not accepting the booking. We shall have no liability to you whatsoever for your failure to comply with this clause 8.3.
8.4 Payment of the remaining Fees must be made in full at least 10 Business Days prior to the start of the Event. If payment has not been made in full by this date, we reserve the right to cancel the Event without incurring any liability. If you make and TPE accepts a booking 10 days or less before the date of the Event, you must pay the Fees in full immediately or we reserve the right to cancel your booking without liability to you.
8.5 All payments must be made via BACS transfer or credit/debit card transaction to the details notified to you in the Quote.
8.6 If you wish to add to the Services as outlined in the Quote or if any information provided by you prior to the issuance of the Quote is incorrect leading to an increase in the magnitude of the Services required, for example if the number of guests has been underestimated, then any extra Services will be chargeable at our standard rates.
8.7 If any Premises are located more than 3 miles from the post code W4 5BB in Chiswick, London, TPE reserves the right to charge travel expenses calculated as follows:
8.7.1 Fuel at 50p per mile; and
8.7.2 If more than 50 miles from the post code W4 5BB Chiswick, West London, overnight accommodation at a 3-star hotel nearby to the Premises.
8.8 Fees and charges exclude VAT at the rate applicable at the time of the Quote.
9 Performance of the Services
9.1 We will perform the Services at the Premises on the dates or within the agreed period or, failing such stipulation, within a reasonable time.
9.2 In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can (in addition to any other remedies) treat the Contract at an end if:
9.2.1 we have refused to deliver the Services, or if perform on time is essential considering all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that perform on time was essential; or
9.2.2 after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances, and we have not delivered within that period.
10 Cancellation
10.1 Except in any cancellation cases for covid-19 reasons, the terms which are set out in clause 20, If you wish to cancel the Services after the Contract is made for any reason including, without limitation, unsuitable weather conditions, you may incur a cancellation fee chargeable at our discretion:
Cancellation Period (prior to planned commencement of the Services). | Cancellation Fee
More than 7 days = 50% of the Fees or the Deposit amount, whichever is the greater
Less than 7 days = 100% of the Fees
10.2 To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision by email to info@thepinkelephant.co.uk. We will then communicate to you an acknowledgement of receipt of such cancellation in a Durable Medium (for example by email) without delay.
10.3 Given the potential costs of cancellation, we recommend that you take out adequate insurance to cover the costs of cancelling the Event.
11 Duration, termination and suspension
11.1 The Contract shall commence when you accept the Quote and shall continue until the Services have been performed.
11.2 Either the Customer or TPE may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
11.2.1 commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
11.2.2 is subject to any step towards its bankruptcy or liquidation.
11.3 On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
12 Circumstances beyond the control of either party
12.1 In the event of any failure by us to complete the Services due to something beyond our reasonable control:
12.1.1 we will advise you as soon as reasonably practicable; and
12.1.2 our obligations will be suspended so far as is reasonable, provided that we will act reasonably, and that we will not be liable for any failure which we could not reasonably avoid.
12.2 Should these circumstances endure for a period of more than four (4) weeks, we shall be entitled to (if applicable) deliver any food and beverages ordered to the Premises on a “contactless” basis or rescind the contract without liability.
13 Intellectual Property
13.1 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
13.2 Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
13.3 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
14 Reliance on our Website
14.1 Our website is made available free of charge, and we do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
14.2 The content on our Website is provided for general information only and is not intended to amount to advice on which you should rely.
14.3 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
15 Prohibited use
15.1 You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
b. in any unlawful or fraudulent manner;
c. to transmit, or to procure the transmission of any unsolicited marketing materials to us;
d. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
e. to knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
f. to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website; or
g. making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.
16 Links to other websites
16.1 This Website may contain links to other sites. Unless expressly stated, these sites are not under our control.
16.2 We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
16.3 The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
17 Linking to our Website
17.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
17.2 However, you must not:
a. establish a link in such a way as to suggest any form of association, approval or endorsement by TPE, unless otherwise approved by us;
b. establish a link to our Website in any website that you do not own;
c. frame our Website on any other site, nor may you create a link to any part of our Website other than the home page; or
d. link from any website that contains fraudulent, false, misleading or deceptive information; or defamatory, libellous, obscene, pornographic, vulgar or offensive content; or promotes discrimination, racism, hatred, harassment or harm toward any third-party; or promotes violence or actions that are threatening to any third-party; or promotes illegal or harmful activities.
17.3 We reserve the right to withdraw linking permission without notice.
18 Privacy
18.1 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
18.2 These should be read alongside, and are in addition to our policies, including our Privacy Policy outlined in the footer of our website homepage.
18.3 For the purposes of these Terms:
'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR and the Data Protection Act 2018.
'GDPR' means the General Data Protection Regulation (EU) 2016/679.
'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
18.4 We are a Data Controller of the Personal Data we Process in providing the Services to you.
18.5 Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:
18.5.1 before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
18.5.2 we will only Process Personal Data for the purposes identified;
18.5.3 we will respect your rights in relation to your Personal Data; and
18.5.4 we will implement technical and organisational measures to ensure your Personal Data is secure.
18.6 For any enquiries or complaints regarding data privacy, you can contact us.
19 Limitation of liability
19.1 Please note that some of our food contains allergens. Consideration for food allergies will be catered for only if they have been arranged prior to the Event and confirmed in writing in accordance with Clause 5.3.1. if you wish to know more about our ingredients, please speak to us prior to the Event. Whilst we will cater for special diets for people with food allergies, we cannot guarantee that their meals will not contain trace elements of allergens which are beyond our control given the nature of our styled food platters. For further detail please refer to our Dietary and Allergen Information document here.
19.2 Following an Event, all leftover consumables should be disposed of immediately. We disclaim all liability arising from the consumption of food or beverages that occurs more than four (4) hours after preparation and presentation by us during the Event or in respect of consumption that occurs off-site of the Premises where we have no control over hygiene standards.
19.3 In addition, should you engage us to provide Services during a period affected by a public health emergency situation, including but not limited to, a pandemic or epidemic, we may elect to deliver the food and prepare it on the Premises but not serve it to guests. In such instances you acknowledge that the risk of health consequences flowing from the serving of the food passes to you and you agree to take all recommended precautions in handling the food including but not limited to wearing gloves and providing hand sanitizer to guests when serving.
19.4 Subject to Paragraph 19.4 below, we shall not be liable in contract or tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent) or otherwise for any loss or damage of whatsoever kind howsoever arising suffered in connection with the Services that result in indirect or consequential losses, any economic loss, loss of revenue, business, profits or business opportunities, anticipated savings or profits, loss of or damage to reputation, loss of goodwill or data, loss which was not reasonably foreseeable to both parties at the time when the Contract was entered into or for any punitive damages, penalties, interest or costs, (including legal and professional costs and expenses) suffered in connection with the supply of the Services.
19.5 Subject to Clause 19.5 below, we shall only be liable for rectification or a refund for the Services carried out and our liability shall be capped at the total amount paid by you under the Contract.
19.6 We do not seek to exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our legal obligations. Subject to this, we are not liable for loss which was not reasonably foreseeable to both parties at the time when the Contract was entered into.
19.7 We are not liable for the loss or damage to any personal property at the premises which is not caused by us or our staff that may occur during an Event.
20 COVID-19 specific terms
20.1 TPE will ensure that all staff and contractors engaged in the provision of the Services will have received two covid-19 vaccinations.
20.2 If requested by TPE, Customer and Customer’s party must vacate the room for which set up for the Event is required for the duration of set up.
20.3 If Customer or anyone in Customer’s party has tested positive for covid-19 or has covid-19 symptoms, Customer must inform TPE immediately. In addition, the following terms shall apply:
20.3.1 You have the right to cancel the food and Services for the Event. If you cancel more than one week before the date of the Event, you will be liable to pay 50% of the Fees or TPE shall be permitted to retain 50% of the total Fees if you have pre-paid any amount.
20.3.2 If you cancel the food and Services for an Event less than one week before the date of the Event, you will have the option either: (i) to receive the food only by way of delivery (excluding set up) to the Premises. TPE shall deliver the food to Customer in contactless boxes with covered clear lids. TPE shall have the right to charge the Customer for the cost of the boxes used in connection with the delivery, or (ii) to terminate the Contract. If Customer wishes to terminate, since TPE will have already incurred 100% of the costs relating to the provision of the Services and food for the Event, Customer will not be able to receive a refund but as a gesture of goodwill, TPE will offer Customer a 10% credit (10% of the total Fees for the cancelled booking), towards Customer’s next order. Credits are non-transferable and do not have any cash value.
20.4 If anyone engaged by TPE in the provision of the provision of the Services has tested positive for covid-19 or has covid-19 symptoms, TPE will inform the Customer as soon as possible and TPE will cancel the order and issue the Customer with a full refund within 7 days of the date of cancellation.
21 Indemnity
21.1 The Customer agrees to indemnify TPE for all costs, claims, damages, penalties and legal fees which flow from the Customer’s breach of this agreement or any damage to TPE’s property caused by the Customer or any third-party at the Premises during the Event to the extent that such damage is caused as a result of the Customer’s negligence.
22 Governing law, jurisdiction and complaints
22.1 The Contract (including any non-contractual matters) is governed by the law of England and Wales.
22.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
22.3 We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 Business Days.
23 Beverages for an Event
23.1 Ordering beverages
You may also order alcoholic and non-alcoholic beverages for an Event in addition to the beverages included in a standard event package. We do not sell any alcoholic or non-alcoholic drinks separately. The list of available beverages is listed in the event packages outlined on our website or can be discussed directly with TPE.
23.2 Alcoholic beverages age verification
We do not sell alcohol to persons under the age of 18. By placing an order with us for alcohol as part of an Event, you confirm that you are over the age of 18. You also confirm and warrant that the person receiving the alcoholic beverages from us is over the age of 18.
Please be advised that if you intentionally or unintentionally misrepresent your age to provide alcohol to a person under the age of 18, we reserve the right to take legal action against you accordingly.
23.4 Responsible drinking
You should not drink any more than the recommended limit for alcohol consumption. The UK Government advises that no-one should regularly drink more than fourteen units of alcohol a week. Consistently drinking more than 14 units a week carries serious health risks. After an episode of heavy drinking, it is advisable to refrain from drinking for 48 hours. In some situations, like pregnancy, it’s better to avoid drinking alcohol. For more information, please see www.drinkaware.co.uk.
23.5 Delivery
Delivery will be provided in accordance with the provisions above (clause 9) dealing with performance of the Services.
23.6 VAT
Our prices are inclusive of VAT