Standard Terms & Conditions of Sale
Sarah Holder trading as Taste the Love
In these terms and conditions:
“Taste the Love” means Sarah Holder trading as Taste the Love.
“the Customer” means the customer named on the order form;
“Event” means the particular event or sub-event being covered by Taste the Love;
“Catering Services” means those services described on the order form.
- Scope: these Terms & Conditions (“the Terms”) shall apply to all quotations and offers made by Taste the Love and any purchase orders accepted by Taste the Love. The Terms shall apply to all sales made by Taste the Love to the extent that the Terms do not conflict with any express terms incorporated into any contractual undertaking between Taste the Love and the Customer placing an order with Taste the Love. The Terms shall prevail over all other terms & conditions which the Customer seeks to impose or incorporate either within any communication from the Customer or implied by trade, custom or practice or course of dealing unless otherwise expressly agreed in writing by Taste the Love.
- The Contract: by placing an order with Taste the Love the Customer is offering to purchase Catering Services from Taste the Love on the basis of these Terms. The contract shall only be formed when the Customer completes the order form, signs the disclaimer and Taste the Love acknowledges acceptance of the order by countersigning the disclaimer. The Customer is responsible for checking that the terms and details of any order are correct and accurate.
Delivery in Instalments – if the Catering Services are delivered in instalments then each delivery shall constitute a separate contract. Any failure by Taste the Love to deliver any one or more instalment in accordance with these Terms shall not entitle the Customer to repudiate the entire contract.
- Order details: The order is defined by the attached order form which must be fully and correctly completed. The order is confirmed by either sending confirmation by email or by signing the order form and at that time you accept responsibility for food ordered. The Customer can request a full description of proposed ingredient in each dish prior to ordering. Taste the Love cannot be held responsible for foods that are not to the Customer’s liking and such goods cannot be returned, swapped for alternative dishes or costs refunded. Taste the Love cannot be held responsible for flavour of fresh ingredients or any subsequent cooked food.
By confirming the order, the Customer acknowledges and accepts that Taste the Love makes all food from scratch therefore the food cannot be reproduced to exact flavour, colour, texture, taste or quantity and that variations of these factors will occur in fresh home cooked food. Foods cannot be returned, swapped for alternative dishes or costs refunded.
Taste the Love cannot be responsible if any ingredients are unavailable. Taste the Love reserves the right to substitute a comparable and suitable ingredient. If the Customer does not wish for a substitute to be made then this must be stated in the initial consultation. Please note that if the choice is made not to have substituted ingredients and an ingredient is unavailable that dish cannot be made and no refund for the service will be given.
- Taste the Love’s duties: Taste the Love will provide such resources as are required to fulfil the duties specified in the contract at each event. This may include the use of 3rd parties operating under the direction and supervision of Taste the Love.
- The Customer’s duties:
- The Customer understands and agrees that the timely execution of Taste the Love’ duties will at times depend upon the timely provision of information and instructions by the Customer. The Customer hereby confirms that they will provide such information and instructions in a timely way as reasonably required by Taste the Love and that they will not hold Taste the Love in breach of this contract where such breach has been caused by the Customer’s failure to provide the required information and instructions according to the agreed deadlines. The Customer also agrees to compensate Taste the Love for any additional expenses incurred through the Customer’s failure to meet agreed deadlines.
- The Customer agrees to confirm the schedule details two weeks prior to the Event. Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from Taste the Love by the Customer. The Customer agrees that the terms and scope of this contract can only be amended as agreed in writing within Taste the Love’s Contract Variation Agreement duly signed by both parties.
- The Customer is responsible for acquiring all permits and necessary permission for all locations on which Taste the Love will be performing services. The Customer hereby indemnifies Taste the Love in respect of any actions brought against Taste the Love because of failure by the Customer to properly advise of the requirements for permits and permissions.
- Any kitchen that the Customer requires Taste the Love to use must be clean, tidy and ready for Taste the Love to use on the date of the Event. In the Customer Consultation Process, it is the Customer’s responsibility to inform Taste the Love how the kitchen equipment works, including turning on electrical appliances, what equipment may be used including pots, pans, electrical equipment, crockery, cutlery and glassware if necessary. Any faulty equipment must be removed from kitchen prior to cooking.
- Bookings: all bookings are subject to availability and will be on a “first come first served” basis. A deposit of 50% will be required to secure the booking. In the case of larger events a £500 deposit is required to secure booking.
- Customer Nominated Sourced Catering Services or Products: these are Catering Services or food products sourced from a third-party supplier at the Customer’s request and supplied to the Customer either in the sourced form or incorporated into Taste the Love’s own Catering Services. Taste the Love accepts no responsibility or liability for the performance, quality or delivery of such Catering Services or products and they are used solely at the Customer’s risk.
- Changes to date or cancellation: Once a deposit has been taken, the Customer can re-schedule subject to availability at the sole discretion of Taste the Love. Cancellation may be by either Taste the Love or the Customer on written notice to [email protected] or the addresses given above. Verbal cancellation will not be sufficient to terminate this contract
- Cancellation by the customer:
- Wedding Deposits are non-refundable.
- Cancellation by Taste the Love:
- In the event the Customer fails to make any payment as required, Taste the Love shall have the right to immediately cancel this contract with no further obligation, retain any monies already paid, and not attend the Event;
- If the due performance of the contract is subject to alteration or cancellation by Taste the Love owing to any cause beyond their reasonable control then Taste the Love will notify the Customer and may either:
- Contact other 3rd parties to perform the services in Taste the Love’s place. This would constitute a contract variation requiring written approval of both the Customer and Taste the Love; or
- Offer the Customer an alternative date. Should this not be possible the Customer will receive a full refund of all monies paid until the date of notification by Taste the Love.
- In the event that it proves difficult or impossible to find a skilled replacement chef who can offer the service at short notice or that the Customer is unwilling to agree to this or an acceptable alternative date can be agreed then Taste the Love’s liability shall be limited to a full refund of any retainer and fees paid.
- Changes to numbers of People: On booking an event Taste the Love will confirm with the Customer the number of people to be catered for and the charges and deposit will be based upon this.
- Reducing the number: if the Customer wishes to reduce the number then they must advise Taste the Love in writing at least 7 days before the Event date. Charges will be based on a variable price per head depending upon the event in order that Taste the Love can cover any costs incurred. If the reduction in numbers is notified within 7 days of the Event date then no refund will be made.
- Increasing the number: The Customer can increase the number of guests attending the Event by notifying Taste the Love at the earliest time possible and at least 7 days before the Event. There will be an additional charge, based upon a variable price per head, depending on the Event which must be paid in full before the Event.
- Pricing and Payment: in respect of all services provided by Taste the Love under this contract the Customer agrees to pay the various fees set out on the order form. All pricing quoted are exclusive of VAT and any other applicable taxes or duties which will be charged at the prevailing rate where applicable. Taste the Love expressly reserves the right to amend their prices at any time. Taste the Love will grant credit at their absolute discretion and reserves all rights to refuse credit to the extent of applicable law. Time for payment shall be of the essence.
Unless agreed differently standard payment terms will be:
- Short notice instructions to be delivered in less than 2 weeks – full payment in advance.
- Longer term instructions to be delivered in over 2 weeks – non-refundable deposit of 50% of the total charges in advance followed by the remainder at least 7 days before the Event date or as specified in the Order Form.
Failure to pay any overdue charges shall entitle Taste the Love to suspend any unexecuted or future Catering Services without further notice and at their sole discretion.
All prices are as at the time of signing the contract, but if changes arise that are outside Taste the Love’s control, then they will inform the Customer of such within 21 days.
- Travel expenses: Travel costs within 5 miles of Taste the Love’s address are included in the price. Travel costs over this distance and any accommodation costs will be discussed and agreed with the Customer prior to signing the Agreement.
- Other expenses: The Customer shall reimburse all such other expenses incurred by Taste the Love on behalf of the Customer. Such expenses shall be estimated on the order form but will be confirmed in writing to the Customer and approved in writing by the Customer before they are incurred.
- Food Safety:
- Taste the Love are not trained nutritionists, dieticians or medical doctors and do not provide medical or nutrition advice. By entering into this agreement with Taste the Love, the Customer acknowledges and accepts that they are aware of this and that any medical, nutritional or dietary advice regarding food must be sought from the appropriately qualified professionals. In addition, the Customer acknowledges and accepts that Taste the Love does not make any warranties for any weight loss, medical or any other dietary programs.
- Allergens: It is the Customer’s responsibility to advise Taste the Love if they or any other person who will consume the food has any food allergies or intolerances. Any such allergies/intolerances should be advised on the order form and discussed with Taste the Love who can advise on the best approach.
- Defrosting of food: Where the food has been supplied by Taste the Love and then stored or frozen for future use, the Customer is responsible for all handling, storage and defrosting after it has been delivered to the Customer.
- Intellectual Property:
- All Intellectual Property created by Taste the Love during the execution of this contract is and shall remain the property of Taste the Love. Unless confirmed in writing and signed by an authorised representative of Taste the Love nothing in the terms of this contract shall vest any ownership rights in the Customer;
- Taste the Love may use material created during the performance of this contract for their own publicity campaigns.
- Insurance: Many venues now insist on proof of insurance before a contractor can enter the building. Some venues have a minimum cover requirement as well. It is the Customer’s responsibility to understand these requirements at the venue chosen by them and to advise Taste the Love accordingly.
Taste the Love is fully insured to perform the duties of an event catering service supplier in both public and private places but will not accept responsibility for any problems that arise if this insurance is insufficient for the venue chosen by the Customer because the Customer has failed to inform them of such requirements.
- Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
- If the Customer is a consumer and if Taste the Love has agreed their requirements at a face to face meeting away from Taste the Love’s premises and the Customer has either confirmed the contract at that meeting or immediately after that meeting or has purchased Catering Services from Taste the Love via an organised distance selling operation then the above Regulations may apply.
- Right to cancel: If these Regulations apply, the Customer has the right to cancel the order within 14 days of the confirmation of order. In order to do so the Customer must cancel the agreement in writing or by email to Taste the Love. In the case of contracts for service Taste the Love cannot start to supply the service until the 14 days cancellation period has expired unless they receive a request in writing from the Customer to start the service within the 14-day cancellation period. PLEASE NOTE: In requesting an early start to the service the Customer agrees to forfeit their right to cancel within 14 days as provided for in the Regulations.
Taste the Love shall carry out the agreed Catering Services as efficiently as possible, but the nature of the Catering Services may mean that they are unlikely to be able to perform the contract within the maximum period of 30 days laid down by the Regulations. PLEASE NOTE: By accepting these terms of business the Customer is agreeing that Taste the Love need not perform the contract within a maximum of 30 days.
- Personal Safety: Taste the Love reserves to right to terminate coverage and leave the location of the event(s) if Taste the Love experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the event(s); or in the event that the safety of Taste the Love’s personnel is in question.
- Limitation of liability: Taste the Love limits its liability to the maximum extent permitted by applicable law and we expressly exclude:
- Responsibility for compromised Event coverage due to causes beyond their control including but not limited to obtrusive guests, lateness of the Customer or guests, weather conditions, schedule complications, incorrect addresses provided to Taste the Love or restrictions of the locations;
- Liability due to limitations imposed by the rules and guidelines of any public event location and site management. The Customer agrees to accept the results of the imposition of such rules and guidelines on Taste the Love. Negotiation with site management for moderation of guidelines is the Customer’s responsibility – Taste the Love will offer technical recommendations only.
- All representations, warranties and conditions relating to the supply of the Catering Services and the use of them including, without limitation, any warranties implied by law in respect of satisfactory quality or fitness for purpose.
- Any liability for any direct, indirect or consequential loss or damage incurred by the Customer in connection with use of the Catering Services. This includes, but is not limited to, liability in respect of the Customer and/or any 3rd party for loss of income or revenue, loss of profits, loss of business, loss of opportunity, any indirect, consequential or special loss or damage.
Nothing in this disclaimer will:
- Limit or exclude our liability for death or personal injury resulting from negligence;
- Limit or exclude our liability for fraud or fraudulent misrepresentation;
- Limit any of our liabilities in any way that is not permitted under applicable law;
- Exclude any of our liabilities that may not be excluded under applicable law.
Subject to the preceding provisions the limitations and exclusions of liability govern all liabilities arising from the supply of the Catering Services under contracts governed by these Terms including all liabilities arising in contract, tort (including negligence) and for breach of statutory duty.
- Waiver: No waiver, by Taste the Love, whether implied or express, of any particular provision of this contract, or of any breach or default of either party, shall constitute either a continuing waiver of such provisions or a waiver of any other provisions of the contract.
- Force Majeure: Taste The Love shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: Acts of God; Outbreak of hostilities, riot, civil disturbance, acts of terrorism; The act of any government or authority (including refusal or revocation of any licence or consent); Fire, explosion, flood, fog or bad weather; Power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles; Default of suppliers or sub-contractors; Theft, malicious damage, strike, lock-out or industrial action of any kind; Any cause or circumstance whatsoever beyond Taste The Love’ reasonable control.
- Health and Safety: The Customer agrees to comply with all Health and Safety rules and requirements as defined by Taste the Love at any time during the delivery of the Catering Services.
- Severability: The provisions of these Terms are severable and if any part thereof is held to be invalid or unenforceable by any court then it will not affect the validity or enforceability of any of the remaining provisions.
- Third Party Rights: A person who is not a party to any contract governed by these Terms (a 3rd Party) shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
- Governing law: Any differences arising between Taste the Love and the Customer concerning this contract or the rights and liabilities within it shall be governed by and interpreted, in all respects, in accordance with the Laws of England and Wales. The parties hereby submit to the exclusive jurisdiction of the English Courts.
- Dispute Resolution: The parties shall attempt to resolve any dispute arising out of or relating to this contract through negotiations between representatives of the parties, who have authority to settle such disputes. If the matter is not resolved by negotiation within 30 days of receipt of a written ‘invitation to negotiate’, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure.
If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.
- Whole Agreement: These Terms governing any contract established with the Customer constitute the entire Agreement between Taste the Love and the Customer and supersede any and all prior terms whether written or oral. No modification to the Terms or any claimed waiver shall be deemed to be valid unless in writing and signed by authorised representative of Taste the Love.
Execution in counterpart: Both parties agree that this contract can be executed in counte