Terms and Conditions

Terms and Conditions of Service

1. Definitions and Interpretation

In this document the following words carry the following meanings:

1.1 ‘Customer’ means any person who requests Services from the Supplier

1.2 ‘Supplier’ means the company Berks Fizz, acting as the principal supplier

1.3 ‘Proposal’ means the quotation delivered to the Customer by the Supplier prior to purchase (via e-mail)

1.4 ‘Services’ means the services as specified in the Proposal

2. The Contract

2.1 These Terms & Conditions apply to all agreements for the supply of Services by the Supplier to the Customer and shall also cover any other documentation or communication exchanged between the Customer and the Supplier

2.2 Any variation to these Terms and Conditions is applicable only with the electronically written agreement of the Supplier

2.3 Nothing in these Terms and Conditions shall affect the Customer’s legal rights as a consumer

3. Orders

3.1 Quotations issued by the supplier remain valid for a period of 30 days

3.2 Quotations are only deemed as formally accepted by the Customer on receipt of payment by the Supplier, within 30 days of the quotation being issued

3.3 Receipt of a payment for any order will also be deemed as full agreement by the Customer with these Terms and Conditions

3.4 In the case of large, private bookings, a 25% non-refundable deposit is requested to secure the booking, and the balance is requested one calendar month prior to delivery of the service

4. Prices and Payment

4.1 The price for Services is specified in the quotation you will receive, and is fully inclusive of the cost of the Services, a service fee, and any applicable taxes and charges

4.2 Payment instructions and payment due dates are specified in the Proposal

4.3 Full balance payments are due prior to product delivery as standard

4.4 Late payments must be notified to the Supplier in writing at least 48 hours before the payment due date, otherwise the Supplier reserves the right to cancel the booking or levy a late payment charge

5. Providing the Services

5.1 To enable the Supplier to perform its obligations, the Customer must:

5.1.1 Provide the Supplier with any information reasonably requested by the Supplier

5.1.2 Comply with any such other requirements of the Customer as may be set out in the quotation or otherwise agreed between both parties

6. Problems with the Services

6.1 Any problems with the Services provided by the Supplier must be notified to the Supplier in writing or by telephone as soon as possible so appropriate action can be taken immediately to rectify the problem whilst the Services are still being supplied

6.2 Any retrospective complaints in relation to the Services must be made in writing to the Supplier (by e-mail)

6.3 The Supplier guarantees to attend to any immediate problems with the Services within 24 hours of the reporting of the problems; and the Supplier guarantees to attend to any retrospective complaints within 7 working days of receipt of the complaint

7. Our Liability

7.1 We accept responsibility for the quality of the services that we provide and assert that nothing in these Terms and Conditions shall exclude or limit the liability of us as the Supplier for death, personal injury or illness suffered by the Customer, howsoever caused, as a direct result of any acts, omissions, negligence or breach of contract by the Supplier.

7.2 We cannot accept liability in the event of a) the Customer being at fault b) the failure being the fault of a third party connected with providing the Services c) any unusual or unexpected circumstances beyond us as the Supplier’s control which could not have been avoided with due care d) any event that us as the Supplier could not reasonably avoid or prevent

8. Events Outside of Our Control (Force Majeure)

8.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside of its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents or war. In these circumstances, unfortunately we are unable to always provide refunds or compensation for any costs incurred due to Force Majeure, although usually, and where appropriate, we will be able to reschedule the Services for commencement at a later date

9. Cancellations

9.1 Any cancellations must be made in writing to the Supplier as soon as possible

9.2 Any fees paid (per person, and excluding any non-refundable deposits) are refundable unless a) in the case of the Berks Fizz Boxes, we have received less than 72 hours notice, or b) in the case of tours and events, we have received less than one week of prior notice - however please note that all refunds will be subject to a small deduction to cover any incurred payment processing costs (usually 1.9%, but up to 3%)

9.3 In the event that the Supplier is forced to cancel Services for reasons other than Force Majeure, a full refund will be returned to the Customer via a BACS transfer within 10 working days - and this also applies in the event of any cancellation caused by changes in the law relative to the COVID-19 pandemic (2020/2021)

10. Communication and Contact Details

10.1 All formal written communications must be made to hello@berksfizz.co.uk

11. How We Use Your Personal Information (Data Protection)

11.1 We collect the minimum amount of information about you that is commensurate with providing you with an effective service. Any data collected is held in accordance with the UK Data Protection Acts and all reasonable precautions are taken to prevent unauthorised access to this information

12. Governing Law and Jurisdiction

12.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts