Terms & Conditions

Background

This agreement applies as between you, the User of this Web Site and MOCO LOCO, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1. Definitions and Interpretation

   In this Agreement the following terms shall have the following meanings:

   "Account"	means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Web Site;
   "Content"	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
   "Cookie"	means a small text file placed on your computer by MOCO LOCO when you visit certain parts of this Web Site. This allows us to identify recurring visitors and to analyse their browsing habits within the Web Site. Where e-commerce facilities are provided, Cookies may be used to store your Shopping Basket. Further details are contained in Clause 10 and Schedule 1 of this Policy;
   "Data"	means collectively all information that you submit to the Web Site. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems;
   "MOCO LOCO"	Means MOCO LOCO, Access House, Leestone Road, Sharston, Manchester, M22 4RW;
   "Service"	means collectively any online facilities, tools, services or information that MOCO LOCO makes available through the Web Site either now or in the future;
   "System"	means any online communications infrastructure that MOCO LOCO makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
   "User" / "Users"	means any third party that accesses the Web Site and is not employed by MOCO LOCO and acting in the course of their employment; and
   "Website"	means the website that you are currently using (www.mocoloco.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Age Restrictions

   Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

   These Terms and Conditions also apply to customers hiring Goods in the course of business.

4. Intellectual Property

   • 4.1. Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of MOCO LOCO, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
   • 4.2. Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

5. Third Party Intellectual Property

   • 5.1. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
   • 5.2. Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

   Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Web Sites

   This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of MOCO LOCO or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Web Site

   Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.mocoloco.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of MOCO LOCO. To find out more please contact us by email at info@mocoloco.co.uk or by post at MOCO LOCO, Access House, Leestone Road, Sharston, Manchester, M22 4RW or by telephone 07723 444983.

9. Use of Communications Facilities

   • 9.1. When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
     • 9.1.1. You must not use obscene or vulgar language;
     • 9.1.2. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
     • 9.1.3. You must not submit Content that is intended to promote or incite violence;
     • 9.1.4. It is advised that submissions are made using the english language(s) as we may be unable to respond to enquiries submitted in any other languages;
     • 9.1.5. The means by which you identify yourself must not violate these terms of use or any applicable laws;
     • 9.1.6. You must not impersonate other people, particularly employees and representatives of MOCO LOCO or our affiliates; and
     • 9.1.7. You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
   • 9.2. You acknowledge that MOCO LOCO reserves the right to monitor any and all communications made to us or using our System.

10. General Conditions

    • 10.1. We shall make our best efforts to supply you with the goods requested, but we reserve the right to supply you with similar goods.
    • 10.2. All goods for hire remain our property. All goods for sale remain our property until full payment has been made. Deliveries to third parties or unoccupied premises are made entirely at your risk.
    • 10.3. Prices quoted are for one days hire only apart from day of delivery and collection. Subsequent days will be charged at a daily rate unless a special agreement has been arranged prior to the event between the Owner and the Hirer.

11. Booking

    A non refundable £50 deposit is required to reserve your booking.

    WE DO NOT ADD DATES INTO THE DIARY UNTIL A BOOKING DEPOSIT OR AMOUNT IS PAID IN FULL.

12. Payment

    Final total payment is required in full 4 weeks prior to the event. If payment is not received before this time, we will assume our services are no longer required and will automatically cancel the order, sending an Email to the customer. A cancellation charge of 25% of the estimated amount including delivery will be invoiced. Booking deposits are not returned if an order is cancelled due to late or non payment or if the customer cancels the order for whatever reason.

    On receipt of full payment, a confirmatory Email is sent detailing order details and dispatch date.

    If we have to cancel a booking due to reasons beyond our control, we will do so in writing or by Email returning any deposits paid and recommend another reputable company.

13. Last minute orders

    We can accept last minute orders depending on availability. Full payment is required at time of booking for orders required within 4 weeks. Please ensure you allow plenty of time for goods to be dispatched & delivered. We cannot be held responsible for goods not arriving on time due to late collection/delivery, non-delivery, non-collection, unsuitability, breakdown or stoppage of the goods or any part of them.

14. Prices

    Prices & availability of products are subject to change without notice, however once a deposit is paid, the price quoted will not change. A quote given over the phone or by Email may change up until a deposit is paid to secure the booking.

15. Hire Period

    • 15.1. Hire is for a 24 hour period only or as otherwise stated by MOCO LOCO; usually the agreed pickup date. Orders sent by courier usually arrive 2 days before the event and are picked up by courier on the next working day after the event. We do not dispatch goods until the order is paid for in full. (Must be on cleared funds).
    • 15.2. It is the hirer’s responsibility to ensure the used goods are packed up and boxes sealed ready for collection. If a courier has to leave without picking up the consignment due to the goods not ready, boxes not taped up, misplaced etc, The courier will have to be rebooked resulting in a delay in return. If goods arrive back late due to a wasted pick up for whatever reason, the hirer will forfeit £50 for each aborted pickup from their damage loss deposit. If the damage/loss deposit does not cover the total cost, we will send you an invoice and require payment within 30 days from the date of the invoice.

16. Alterations after placing order

    This depends on availability. We can however make slight adjustments to the order after it has been booked. Please ensure the correct goods have been ordered.

17. Pick up/Collection

    • 17.1. We will not be liable for any indirect loss, loss of business, profits, savings you expected to make, wasted money, fees or expenses, wages, due to late collection/delivery, non-delivery, non-collection, unsuitability, breakdown or stoppage of the goods or any part of them.
    • 17.2. All times we state or quote for delivery/collection are approximate. Goods must be available for collection at the delivery address unless otherwise arranged. All deliveries and collections including aborted deliveries and collections will be charged for.
    • 17.3. Please note until the goods are received at MOCO LOCO safely and a signature is obtained the hirer is responsible for the goods.
    • 17.4. Please ensure you obtain a receipt from the courier when the goods are picked up.
    • 17.5. When the goods on hire are collected by or delivered to the hirer or his representative, the hirer shall inspect the goods and sign the collection/delivery note. In the event of shortage or damage the hirer shall endorse the note accordingly at the time of collection or delivery. If the hirer fails to perform any of his obligations under this condition, any goods will be deemed to have been collected/delivered in a satisfactory condition.
    • 17.6. The hirer is responsible for any loss or damage to the goods, from time of delivery until they are collected by the company's employees or until they are delivered back to our premises and handed over to an employee of MOCO LOCO. Deliveries left at premises are left at the hirer's risk.
    • 17.7. We will not be liable for any delays caused by any circumstances beyond our control.

18. Loss/Damage

    • 18.1. We require a loss/damage deposit which will be returned if all goods hired are returned undamaged.
    • 18.2. Shortages and damages to hired goods will be charged at their full replacement value, and no substitute item will be accepted by MOCO LOCO. The Owner reserves the right to also charge the hirer loss of profit on the lost future hire of the said goods. The hirer may request in writing the return (and bear the cost thereof) of any damaged goods within 14 days of the hirer being informed by phone, Email or writing of any such damage. Otherwise the said items will be disposed of.
    • 18.3. Linen may be returned soiled. Any permanent stains or damages to our linen such as mildew damage, food, ink, mud, crayon, pulls in the fabric and burns etc will attract a replacement charge for each damaged item.
    • 18.4. Chair Covers which have been dragged on the floor, used to wipe up spills or placed on earthen ground and are damaged beyond repair will be charged for at full replacement costs.
    • 18.5. Sashes must be untied before sending back to MOCO LOCO. Sashes returned still tied will attract a charge of £30 per order.
    • 18.6. In order to prevent mildew damage, all wet linen must be dried before sending back, ensuring we are informed before the linen is due to be picked up in order to avoid aborted pickup and late return charges. Linen attacked by mildew will attract the full replacement cost listed above.
    • 18.7. Loss/damage deposit must be on cleared funds and must be paid before the goods are sent out and will be refunded when all the items hired are returned undamaged.
    • 18.8. All orders are delivered with a return address label. It is the hirer’s responsibility to ensure these labels are affixed securely to the boxes and the boxes sealed securely enough for them to safely travel through the postal system. Boxes not delivered to MOCO LOCO, lost in transit or delayed as a result of labels not affixed securely and have fallen off, or boxes not taped up securely are the responsibility of the hirer and the damage loss deposit will be forfeited.

19. Liability

    MOCO LOCO shall not be responsible for injury or damage to persons or property howsoever sustained arising from any goods under hire. The hirer will be responsible for ensuring the goods are handled correctly to prevent any injury. We shall be under no liability in respect of any defect arising from wilful damage, abnormal usage conditions, failure to follow our instruction (whether oral or in writing), misuse or alteration or repair of the goods without our approval.

    Except in the case of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation or any implied warranty, condition or other term, or any duty at common law or under these terms and conditions, for any special, indirect or consequential damage.

20. Risk to the goods

    The risk in the goods will pass to you immediately on delivery of the goods to you or the recipient.
    It is your responsibility to ensure that the goods are fully covered by insurance with regard to theft, damage, and public liability risks.

21. Rights Reserved

    Any failure by us to enforce any or all of these conditions shall not amount to or be interpreted as a waiver of any of our rights

22. Privacy

    Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

23. Disclaimers

    • 23.1. MOCO LOCO makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
    • 23.2. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
    • 23.3. No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

24. Changes to the Service and these Terms and Conditions

    MOCO LOCO reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If MOCO LOCO is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

25. Availability of the Web Site

    The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

    MOCO LOCO accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

26. Limitation of Liability

    • To the maximum extent permitted by law, MOCO LOCO accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
    • Nothing in these Terms and Conditions excludes or restricts MOCO LOCO’s liability for death or personal injury resulting from any negligence or fraud on the part of MOCO LOCO.
    • Nothing in these Terms and Conditions excludes or restricts MOCO LOCO’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
    • Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

27. No Waiver

    In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

28. Previous Terms and Conditions

    In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

29. Notices

    All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@mocoloco.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

30. Law and Jurisdiction

    These terms and conditions and the relationship between you and MOCO LOCO shall be governed by and construed in accordance with the Law of England and Wales and MOCO LOCO and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

PLEASE ENSURE YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS BEFORE PLACING AN ORDER WITH US.