Terms and Conditions

 

1. INTERPRETATION

1.1. In these Conditions unless the context otherwise permits:

“Authorised Representative” means a person whose job title is that of Director, Senior Director or Managing Director.

“Customer” means the person, firm, company, entity or organisation with whom SProEntertainment contracts for the hire or sale of products and/or supply of Services.

“the Conditions/ these Conditions” means the standard terms and conditions of sale set out in this document or such replacement standard terms and conditions as are in force at the date of the Contract and which at that date appear on this SProEntertainment web site at and any other website owned by SProEntertainment Ltd.

“the Contract” means any contract for the hire or sale of other Products or Accessories and/or the supply of Services by SProEntertainment Ltd to a Customer.

“SProEntertainment” means SProEntertainment Ltd

“Products” means any Products (including, for the avoidance of doubt, Products or any Accessory connected to them) sold by SProEntertainment to a Customer.

“Services” means any services supplied by SProEntertainment to a Customer.

1.2. The headings in these Conditions are for convenience only and shall not affect their interpretation.

1.3  We reserve the right to make changes to any Terms and Conditions, at any time. You will be subject to the terms and conditions in force at the time that you use the SProEntertainment services. If any of these is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

2. BASIS OF SALE

2.1. All Contracts between SProEntertainment and a Customer shall be governed by these Conditions to the exclusion of any other terms and conditions including without limit any terms on or referred to in any purchase order. It is the Customer’s responsibility to be aware of the Conditions as current from time to time. The customer’s acceptance of these conditions shall be made (in respect of the first Contract and all subsequent Contracts) either by (1) Customer providing a written or verbal purchase order to SProEntertainment or (2) Customer accepting Products or Accessories from SProEntertainment, whichever occurs first.

2.2. No variation to these Conditions shall be binding unless agreed by letter signed by an Authorised Representative of SProEntertainment.

2.3. No employee or agent of SProEntertainment other than an Authorised Representative has any authority to make any representation at all concerning Products, Accessories or Services and an Authorised Representative has no authority to make such representation other than by letter (an “authorised representation”) and accordingly customer agrees that in entering into any Contract it does not rely on any unauthorised representation and Customer agrees it shall have no remedy in respect of any unauthorised representation (unless made fraudulently).

 

3. CUSTOMER IDENTIFICATION

3.1. In placing an order Customer may utilise one account name, password, or customer identification.

3.2. Customer agrees that Customer is entirely responsible for use of Customer’s Identification and that it is Customer’s responsibility to have in place security measures and procedures to ensure use of its Customer Identification only by authorised personnel for authorised purposes.

3.3. Customer agrees that SProEntertainment is entitled to rely absolutely on any orders placed on SProEntertainment, which have utilised Customer’s Identification, and to deliver as directed by such orders and invoice and be paid in respect of such orders.

3.4. SProEntertainment has the right to accept or decline any purchase order submitted by Customer.

 

4. INFORMATION

4.1. All Product pricing, description, availability and related information (“Information”) provided by SProEntertainment, in any form, is the property of SProEntertainment. SProEntertainment shall be entitled to stop the provision of Information at any time without notice. Customer agrees to hold in confidence and not to directly or indirectly use, reveal, report, publish, disclose or transfer to any other person or entity any of the Information or utilise the information for any purpose except as permitted herein. SProEntertainment makes no warranty, either express or implied on the information or its accuracy. All Information is provided to purchaser “as is.”

 

5. ORDERS AND SPECIFICATIONS

5.1. The Customer shall be responsible to SProEntertainment for ensuring the accuracy of the terms of any order.

5.2. SProEntertainment reserves the right to make any changes in the specification of the products, which are required to conform to any applicable safety or other statutory requirements.

5.3. No order, which has been placed by Customer, may be withdrawn or cancelled by Customer except with the agreement by letter, or email of an Authorised representative of SProEntertainment.

5.4. Notwithstanding any other terms of these Conditions it is agreed that the provision or display of Product pricing and other Information (as defined in clause 4.1) by SProEntertainment to Customer does not amount to an offer by SProEntertainment to sell such product at that price or on any other terms. Supply of such Information is only an invitation. An order by the customer for Product or Services shall be the offer.

5.5 SProEntertainment reserves the right to cancel any orders placed by the customer at any time.

5.6 All orders with paid deposits of €100 must be settled with the balance fully cleared prior to event date. Balances not fully cleared will result in forfeit of deposit balance. Deposits will not be refunded. 

5.7 Events cannot be guaranteed by SProEntertainment unless an agreed deposit has been made at least within 28 days of the event.

 

6. PRODUCTS AND PROMOTIONS

6.1. All prices are subject to change without notice and subject to the provisions of clause 6.2. All prices will be established at the time of the order which gives rise to a Contract which is received by SProEntertainment and agreed by an Authorised Representative of SProEntertainment.

6.2. If Customer agrees to place an order for Product not available at the time of order such order shall be irrevocable and be deemed to be for the product at the price established at the time the original order is taken or confirmed plus any increase charged by SProEntertainment due to increase of its suppliers price to SProEntertainment or direct costs to which SProEntertainment becomes subject (including without limited costs resulting from currency fluctuation). SProEntertainment shall only increase its price by such levels is necessary to maintain its percentage margin at the same level as would have resulted from sale at the price prevailing at the time the Backorder was placed.

6.3. Unless otherwise agreed by letter or email by an Authorised Representative of SProEntertainment all prices exclude the cost of delivery.

6.4. All prices and charges are inclusive of any applicable Value Added Tax at the prevailing rate, which the customer will be liable to pay to SProEntertainment. Should rates change, this will have a nominal effect on the final price.

6.5 Any redeemable offer or redeemable voucher either verbal or in writing can only be used once and cannot be used in conjunction with any other existing discounted offers.

6.6 Vouchers or Promotions are issued at our discretion. We reserve the right to amend any promotions or vouchers or any details at any time due to circumstances beyond our control.

6.7 Any items that are provided as “Free” or “Added Extra” have a retail value of zero in the terms of the offer We reserve the right to refuse exchange or refund on any items sold in this manner.

6.8 We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products. In the unlikely event that a product or promotional item is unavailable due to third-party stock availability, a comparative item will be provided.

6.9 Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

6.10 Despite our best efforts, a small number of the items in our catalogue may be mis-priced. We will verify pricing when processing your order. If we have made a mistake and a product’s correct price is higher or lower than the price on the website this will be pointed out at some point during the order process.

 

7. TERMS OF PAYMENT

7.1. Unless SProEntertainment has previously agreed in writing with the customer that products shall be supplied on credit, payment for products dispatched either through collection or delivery, must have been fully paid, and payment cleared on or prior the agreed collection or delivery date or event date. Items will not be released until full payment has been received.

7.2. Invoices will be dated the day of dispatch of the Products. SProEntertainment shall be entitled at its absolute discretion to alter payment terms (other than on concluded Contracts) and withdraw or alter any credit limit granted at any time without notice.

7.3. The time of payment of the price shall be of the essence of the Contract. If the Customer fails to make a payment on the due date then without prejudice to any other right or remedy available to it SProEntertainment shall be entitled to:-

7.3.1. Cancel the Contract or suspend services to the Customer.

7.3.2. Appropriate any payment made by the Customer to such of the Products as SProEntertainment may think fit (notwithstanding any purported appropriation by the Customer).

7.3.3. Charge the Customer interest (both before and after judgement) on the amount unpaid from time to time until payment in full is made such interest being calculated on a daily basis.

7.4. A €50 deposit is taken as a non-returnable deposit on all purchases to cover administration costs.

 

8. DELIVERY

8.1. Delivery of the Products shall be made by SProEntertainment to such place as shall have been agreed between SProEntertainment and the Customer. Unless the Customer shall have notified SProEntertainment in Writing within 5 working days of the date of SProEntertainment’s invoice that the products have not been delivered and or incorrect delivery of parts or product then delivery shall be deemed to have taken place in accordance with the Contract and the Customer shall not be entitled to raise any claim of short or mis-shipment. SProEntertainment is entitled to issue its invoice on or after the date of dispatch of Products from its facility.

8.2. SProEntertainment shall be entitled to assume that any person who both reasonably appears and claims to have authority to accept delivery who signs a note in respect of the products on behalf of the Customer shall in fact have the authority.

8.3. Any dates quoted for the delivery of Products are approximate only and SProEntertainment shall have no liability to the Customer of any delay in delivery of Products howsoever caused.

8.4. Where Products are to be delivered in instalments each delivery shall constitute a separate Contract and failure by SProEntertainment to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole as repudiated.

8.5 We cannot be held responsible for third party strikes or goods being held at customs.

8.6 Notifications of missing items or queries with the Delivery must be made within 3 working days of the receipt of the Delivered Items.

8.7 Please notify us or report any damaged/missing items via courier within 3 working days of receipt, all reported incidences of damaged/missing items after this time will not be considered.

 

9. RISK AND PROPERTY

9.1. Risk of damage to or loss of Products delivered to all-Ireland locations shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of Products at the time when SProEntertainment has tendered delivery of the Products.

9.2. Risk of damage to or loss of Products to International locations (locations deemed outside of Ireland by SProEntertainment) shall pass to the Customer at the time of despatch/collection from the SProEntertainment offices.

9.3. Notwithstanding delivery and the passing of risk of the Products or any other provisions of these Conditions the property in the Products shall not pass to the Customer until SProEntertainment has received in cash or cleared funds payment in full of the price of the Products and all other Products and Services previously sold or supplied by SProEntertainment to the Customer for which payment is then due.

9.4. Until such time as the property in the Products passes to the customer the Customer shall hold the Products as SProEntertainment’s fiduciary agent and bailee and shall keep the Products separate to those of the Customer and third parties and properly stored protected and insured and identified as SProEntertainment’s property.

9.5. Until such time as the property in the products passes to the Customer (and provided the products are still in existence and have not been resold) SProEntertainment shall be entitled at any time to require the Customer to deliver up the products to SProEntertainment and if the Customer fails to do so forthwith to enter upon any premises of the customer or any third party where the products are stored and repossess the Products.

9.6 Stored products are held for a maximum of 4 weeks before being disposed of.

 

10. WARRANTIES AND LIABILITY

10.1. SProEntertainment does not manufacture physical Products and subject to the conditions set out below in this clause 10 SProEntertainment hires or sells Products without the benefit of the manufacturer’s warranty. Where the products comprise photo booth equipment developed by SProEntertainment, SProEntertainment warrant these under the terms of the end user license agreement. 

10.2. SProEntertainment will accept liability for defective Products and replace and repair items that were broken on arrival. The photo booth seat option should only be used for one person seated to maximum weight of 60kg,

When using the Seat you must ensure that the screen says “DO NOT LEAN BACK ON THE PHOTOBOOTH” leaning back on the booth when seated can cause THE PINS TO BREAK The seat option is only available for solid standing even ground and cannot be used on uneven surfaces, as seat support is available for this. The seat support will take weight up to 170kg. only to the extent that SProEntertainment is entitled to make a claim under the manufacturer’s warranty,

10.3. SProEntertainment will under no circumstances be held responsible for any error with equipment.. SProEntertainment will not be liable for failure of equipment, software or services that prevent or restrict an event either before or in progress or any refunds arising from such a fault.

10.4. Dead on Arrival warranty or other defective goods terms and actually obtains from the manufacturer or publisher a refund credit repair or replacement in respect of the defective Products. For example and without limit if the manufacturer’s defective goods terms requires that Product is returned direct to it or a nominated service provider SProEntertainment cannot and shall have no obligation to accept a return or and/or grant a credit for such Product.

SProEntertainment shall be under no liability in respect of any defect arising from fair wear and tear; wilful damage; negligence; abnormal working conditions; failure to follow SProEntertainment’s or the manufacturer’s instructions (whether oral or in writing) misuse or alteration or repair of the Products without SProEntertainment approval.

SProEntertainment shall be under no liability under the above warranty if the total price of the Products has not been paid.

10.5. All warranties, conditions or other terms implied by common law or statute, or otherwise in connection with the sale or supply of goods or goods or services (save, in the case of goods at to title) are excluded to the fullest extent permitted by law.

10.6. Any claim by the Customer which is based on a defect in the quality or condition of the Products shall be notified to SProEntertainment. Upon notification of any such claim by the Customer SProEntertainment shall either notify the Customer whether the policy of the manufacturer of the Products is to deal with the Customer direct (in which case the Customer shall deal with the manufacturer direct provided SProEntertainment gives sufficient details to enable the customer so to do) or shall provide the Customer with an returns number (in which case the Customer shall return the Products to SProEntertainment in their original UNMARKED packaging together with details of the returns number and the Customer’s name and address). This clause 10.4 shall only apply to Product. Customer is entitled to return to SProEntertainment as provided in these Conditions.

10.7. SProEntertainment shall not be liable to the Customer for any economic or financial loss or damage (including without limit, any loss of profits, loss of revenue liabilities incurred by the Customer to third parties, or additional expenses incurred or the cost of time spent) or any consequential, indirect or special loss or damage costs expenses or other claims for consequential compensation whatsoever (including without limit loss of or damage to data or loss of goodwill ) incurred or suffered by the Customer and in every case howsoever caused or arising (and whether caused by the negligence of SProEntertainment, its employees or agents or other wise).

10.8. SProEntertainment’s liability for direct loss or damage arising from damage to tangible property for which SProEntertainment is liable shall be limited to the VAT exclusive price of the relevant Product or Service in connection with which any claim for damage or loss is made.

10.9. Warranties on Hardware such as Printer Touch Screens and SLR Camera’s are with the manufacturer themselves and must be returned to the respective manufacture for any repair, via SProEntertainment. Glass, acrylic or skins are not covered under warranties and are sold as seen, likewise any broken glass, acrylic or torn skins are also not covered under any warranties.

LED Lights are 1 Month Warranty (and need to be accompanied by full transformer and plug if returned).

10.10. SProEntertainment shall not be liable to the Customer or be deemed to be in breach of any Contract by reason of any delay in performing or any failure to perform any of SProEntertainment’s obligation in relation to the Products if the delay or failure was due to any cause beyond SProEntertainment’s control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond SProEntertainment’s control:

10.10.1 Act of God; explosion; flood; tempest; fire or accident.

10.10.2 War or threat of war; sabotage; insurrection; civil disturbance or requisition.

10.10.3 Acts; restrictions; regulations; bylaws; prohibitions or measures of any kind on the part of any governmental or parliamentary or local authority.

10.10.4 Import or export regulations or embargoes

10.10.5 Strikes; lock outs or other industrial actions or trade disputes (whether involving employees of SProEntertainment or a third party)

10.10.6 Difficulties of SProEntertainment’s supplier in obtaining raw materials; labour; parts or machinery

10.11 End of Line – Some equipment may become end of line during the warranty period. On such an occasion the nearest replacement will be sourced. Additional costs may occur if the model specified is more expensive than the original End of Line item. These costs will be passed onto the customer.

10.12 Nothing in these Conditions shall in any way exclude or limit any liability SProEntertainment may have for death or personal injury caused by its negligence.

10.13 If a refund is authorised Refunds will be given when the item returned has been thoroughly checked for damage and must still be in totally new condition. If the item has been found to be used the Photo Booth’s and Magic Photo Mirror’s will carry a charge of €500 per event used regardless of photos taken. Dance floors will carry a charge of €750 to replace panels. Certain items are not eligible for refunds only replacements such as LED Flooring.

10.14 Updates required for any hardware will incur an additional charge after pickup for items.

 

11. RETURNS AND HIRE

11.1. If SProEntertainment agrees to accept the return of any Products (other than for the purpose set out in Clause 10 above) or agrees to carry out repairs to other Products which have not been hired from SProEntertainment or agrees to repair Products which are out of warranty the Customer shall not send the same to SProEntertainment unless they are accompanied by an returns number previously advised by SProEntertainment.

11.2. If SProEntertainment has agreed to carry out repairs or to replace Products (or any parts thereof) other than for the purpose set out in clause 10 above the Customer irrevocably authorises SProEntertainment to carry out such repairs or provide such replacements as shall place the Products in proper working order.

11.3. SProEntertainment shall accept no liability for any damage to or loss in transit in Products returned to SProEntertainment whether under this Clause or under Clause 10 above.

11.4. If SProEntertainment has agreed to accept the return of products other than for the purpose of carrying out any other repair or replacement the products must be returned in their original packaging and in a clean resalable condition failing which SProEntertainment will refuse to accept the same and the Customer shall remain liable for the price thereof.

11.5. SProEntertainment cannot accept any returns for apparel products that are deemed to have been used.

 

12. GENERAL

12.1. Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principle place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.

12.2. No waiver by SProEntertainment of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

12.3. If any provision of these Conditions is held by any authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.

12.4. The Contract shall be governed by the laws of Ireland and the Customer submits to the exclusive jurisdiction of the Irish Courts.

12.5 General maintenance are the responsibility of SProEntertainment staff.

12.6 Any aggression or abuse directed towards our staff will not be tolerated. Aggressive or abusive behaviour includes language (whether verbal or written) that may cause staff to feel afraid, threatened or abused and may include threats, personal verbal abuse, derogatory remarks and rudeness. We also consider inflammatory statements, remarks of a racial or discriminatory nature and unsubstantiated allegations, to be abusive behaviour. Any abusive behaviour will invalidate support with immediate effect and no refund will be payable. 

 

13. ADVERTISING

13.1 Any AdWords products we offer in conjunction with Google are subject to being changed by Google without prior warning.

 

14. LIMITATION OF LIABILITY

14.1 In no event shall SProEntertainment be liable for any special, incidental, indirect, punitive or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss), regardless of whether SProEntertainment has been advised of the possibility of such damages to the maximum extent permitted by law, SProEntertainment’s aggregate liability arising from or relating to orders is limited to the amount actually paid for the Hire or Products. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply.

14.2 SProEntertainment operate a zero tolerance policy against physical, verbal, sexist, racist or social abuse against Staff or Authorised Representatives at all times. Should Staff arrive at a venue where they perceive threatening or abusive behaviour of any kind mentioned above, we reserve the right to withdraw such Staff and products with immediate effect.

 

PLEASE NOTE:

Any food-related products may have nuts or derivatives contained within them and it is the responsibility of the purchaser that their Guests are aware.

SProEntertainment shall not be held liable for any adverse reaction as a result of a Guest ingesting any products containing nuts nor derivatives thereof.

Wicklow | Arklow | YR14VX | Ireland

 

 

Email: info@sproentertainment.com

Sales: +353 87 2736171

VAT Reg No: IE3532728BH

Company Registered in Ireland No 62298

* Customer survey 2020

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Latest Site Update: 30 June 2020

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