1. These terms
What these terms cover. These are the terms and conditions on which we supply goods and services to you relating to the Little Seedling birthday parties provided by Dobbies.
Why you should read them. Please read these terms carefully before you book a party with Dobbies. These terms tell you who we are, how we will provide goods and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
Who we are. We are Dobbies Garden Centres Limited, a company registered in Scotland. Our company number is SC010975 and our registered office is at Melville Nurseries, Lasswade, Midlothain, EH18 1AZ.
Contact. You can contact us by telephoning our customer service team at 0131 561 6406 or by writing to us at email@example.com or at our registered office. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your booking order form.
3. Our contract with you
How we will accept your party booking. Our acceptance of your party booking order will take place when we tell you that the party is confirmed, at which point a contract will come into existence between you and us.
Food selection. You will be given options on the party food choices available at the time of booking and you must confirm your selection in advance, either at the time of booking the party or at least 7 days before the date of the party. Please inform us in advance of any known food allergies, intolerances and/or dietary requirements of any of the people attending the party.
The price for the party. The price is £9.95 per child (inclusive of VAT) to attend the party, which includes the choice of a hot or cold party menu, use of the soft play area for 90 minutes, an activity sheet, balloons, invitations, thank you cards and a birthday card for the birthday child.
When you must pay and how you must pay. You must pay for the party in full in advance of the party either at the time of booking or at least 14 days before the date of the party. We accept payment in cash or by credit / debit card.
4. Party rules and information
Party rules and information. You are required to comply, and make sure that the guests at the party comply, with the following party rules (and the rules of play displayed at or near the soft play area or elsewhere at the party venue):
Only food supplied by Dobbies may be consumed at the Party, except that you may bring in (a) your own birthday cake, candles and party bags, and (b) food for babies and/or food for any guests that suffer from allergies, food intolerances and/or have strict dietary requirements.
Food served at the party may contain allergens (including nuts, wheat, dairy, egg and/or gluten). Dobbies is unable to cater for food allergies, intolerances and/or specific dietary requirements.
Details of the allergens contained in our food are listed on our website [https://www.dobbies.com/allergens]. Dobbies are unable to cater for any other specific food allergy requests, intolerances or dietary requirements for these parties.
Therefore, it is the responsibility of the party host to establish if any of the party have allergies or intolerances and organise catering accordingly.
We do not guarantee the exclusive use of the soft play area for the party and you therefore may find other people using the soft play area and facilities during the party.
Allowable age ranges for the children attending the Party differs by site. Please refer to www.dobbies.com/kidsparties for details. The minimum number of attendees at each party is 8. The maximum number of attendees at each party is subject to the rules applicable at your chosen Dobbies' venue. Please contact the venue to confirm the maximum number of attendees before placing a booking for a party.
Parents and/or carers of the children attending the party must be present at all times during the party. At all times, there must be a ratio of a minimum of 1 adult per 10 children for supervision purposes (excluding Dobbies staff). Dobbies' staff shall not be responsible for supervising the party and will only be required to provide the food and assist with the craft activities.
We reserve the right to remove from Dobbies' premises anyone who is behaving (or threatening to behave) in an inappropriate manner or who is causing a nuisance in the venue or is acting in breach of these rules and/or the rules of play displayed at or near the software play area.
5. Providing the services
We are not responsible for delays outside our control. If our provision of goods and/or services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to seek to minimise the effect of the event. Provided we do this we will not be liable for the impact of the event, but if there is a risk of substantial impact then you may contact us in advance, in line with our Book with Confidence https://www.dobbies.com/book-with-confidence, to cancel the party and receive a refund for any goods and/or services you have paid for but not received.
Reasons we may re-schedule the party for another date. We may have to re-schedule the party for another date to deal with emergency maintenance of the soft play area and/or make changes to the services as requested by you or notified by us to you. We will contact you in advance to tell you if we need to re-schedule the party for another date, unless the problem is urgent or an emergency. You have the right to cancel the party in such circumstances and we will refund sums paid in advance for goods and/or services not provided to you.
We may also re-schedule the party if you do not pay. If you do not pay us for the party when you are supposed to (see clause 3.4) and you still do not make payment within 3 days of us reminding you that payment is due, we may cancel the party.
6. Your rights to make changes
If you wish to make a change to the party, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the party, the timing or anything else which would be necessary as a result of your requested change and we will ask you to confirm whether you wish to go ahead with the change.
7. Our rights to make changes
Minor changes to the services. We may change the goods and/or services relating to the party (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor adjustments and/or improvements, for example to maintain high levels of health and safety at the venue.
More significant changes to the services and these terms. If we decide to make changes to these terms or the goods and/or services provided in relation to the party, we will notify you and, if you are unhappy with the proposed change, you may then cancel the party (provided that you do so within 5 days of being informed of the change) and receive a full refund before the changes take effect.
8. Your rights to end the contract
You can always end the contract before the party has taken place and paid for. You may contact us at any time to cancel the party, but in some circumstances we may charge you certain sums for doing so, as described below.
What happens if you have good reason for cancelling the party. If you are cancelling the party for a reason set out at (a) to (e) below the contract will end immediately, the party will be cancelled and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
(a) we have told you about an upcoming change to the services or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
(c) we have notified you that there is a risk the services may be significantly delayed because of events outside our control;
(d) we have notified you that we will need to re-schedule the date of the party; or (e) you have a legal right to end the contract because of something we have done wrong.
What happens if you cancel the party without a good reason. If you are not ending the contract for one of the reasons set out in clause 8.2, the contract will end immediately, the party will be cancelled but we may charge you 50% of the price of the party as compensation for the net costs we will incur as a result of your ending the contract. We may deduct this sum from any payments that you have made to us in advance.
9. Our rights to end the contract
We may end the contract if you breach it. We may end the contract at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due; or
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the party, for example, your name and contact details and the number of people attending the party.
You must compensate us if you breach the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you 50% of the price of the party as compensation for the net costs we will incur.
We may stop providing the services. We may write to you to let you know that we are going to stop providing parties at the relevant Dobbies' venue. We will let you know at least 30 days in advance if we decide to stop providing parties and will refund any sums you have paid in advance.
10. If there is a problem with the services
How to tell us about problems. If you have any questions or complaints about the goods and/or services provided at the party, please contact us. You can contact us by telephoning our customer service team at 0131 561 6406 or by writing to us at firstname.lastname@example.org or at our registered office. Alternatively, please speak to one of our staff in-store.
11. Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
We are not liable for business losses. We only provide parties for domestic and private use. If you use the goods and/or services provided under these terms for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not liable for theft or damage to property. Any individual attending a party is solely responsible for looking after their own property and Dobbies will have no liability in respect of any lost, stolen or damaged property, except where such liability cannot be excluded by law.
12. Our responsibility for loss or damage suffered by you
13. Other important terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaching this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you do not pay in advance and we do not chase you for payment but we provide the party, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If the party takes place or is scheduled to take place at one of Dobbies' stores in Scotland you can bring legal proceedings in either the Scottish or the English courts. If the party takes place or is scheduled to take place at one of Dobbies' stores in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.