These Terms will apply to any contract between us for the provision of the Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Services from our site. Please note that by ordering any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in it
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 9. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside Our Control: is defined in clause 10.2;
(b) Order: your order for the Services;
(c) Services: the services that we are providing to you in liaising with the Supplier in respect of your VIP nightclub booking for the Supplier’s Services;
(d) Supplier: the relevant nightclub;
(e) Supplier’s Order: your order for the Supplier’s Services;
(f) Supplier’s Services: provision of VIP Clubbing experience as specified in your Order;
(g) Terms: the terms and conditions set out in this document; and
(h) We/Our/Us: VIP Clubs Limited incorporated and registered in England and Wales with the Company Number 08018254
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
1.3 We operate the website www.vipclubs.co.uk. We are VIP Clubs Limited; a company registered in England and Wales under company number 08018254. Our main trading address is VIP Clubs Limited, PO Box 5441, Manchester M61 0JL. Our VAT number is GB 140 1513 69.
1.4 To contact us, please see our Contact Us page www.vipclubs.co.uk/contact/.
1.5 Your use of our site is governed by our Terms of Website use. Please take the time to read these, as they include important terms which apply to you.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which we supply Services to you.
2.2 These are not the terms and conditions by which the Suppler will supply the Supplier’s Services to you.
2.3 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you submit the Order. If you think that there is a mistake, please contact Us to discuss, and please make sure that you ask Us to confirm any changes in writing to avoid any confusion between you and Us.
2.4 We intend to rely upon these Terms in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
2.5 We consider that these Terms and the Order constitute the whole agreement between you and Us.
2.6 When you submit the Order to Us, this does not mean We have accepted your order for Services. Our acceptance of the Order will take place as described in clause 2.7. If We are unable to supply you with the Services, We will inform you of this and We will not process the Order.
2.7 These Terms will become binding on you and Us when we contact you that We are able to provide you with the Services, which We will also confirm in writing to you, at which point a contract will come into existence between you and Us.
2.8 If any of these Terms conflict with any term of the Order, the Order will take priority.
2.9 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
3. CHANGES TO ORDER OR TERMS
3.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how We accept an Order from you; and
(b) changes in relevant laws and regulatory requirements.
3.2 If We have to revise these Terms under clause 3.1, We will give you at least one (1) month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 11.
3.3 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 11.
3.4 If you wish to cancel or amend your Supplier’s Order you must contact the Supplier directly.
4. PROVIDING SERVICES
4.1 If you are a consumer, you may only purchase Services from our site if you are at least 18 years old.
4.2 We will supply the Services to you in accordance with the Order.
4.3 We will make every effort to complete the Services within a reasonable time period. However, there may be delays due to an Event Outside Our Control. See clause 10 for Our responsibilities when an Event Outside Our Control happens.
4.4 We will need certain information from you that is necessary for Us to provide the Services, for example, name, address, telephone number, email address and preferred contact time. You will be required to input all this information when submitting your Order. If you do not provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked.
4.5 We may have to suspend the Services if We have to deal with technical problems, or to make improvements to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
5. IF THERE IS A PROBLEM WITH THE SERVICES
5.1 In the unlikely event that there is any defect with the Services:
(a) please contact Us and tell Us as soon as reasonably possible;
(b) please give Us a reasonable opportunity to repair or fix any defect; and
You will not have to pay for Us to repair or fix a defect with the Services under this clause 5.1.
5.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. IF THERE IS A PROBLEM WITH THE SUPPLIER’S SERVICES
6.1 In the unlikely event that there is any defect with the Supplier’s Services please liaise directly with the Supplier.
6.2 The Supplier is responsible to provide the Supplier’s Services in respect of the Supplier’s Order.
6.3 If the Supplier does not honour the Supplier’s Services properly, your sole recourse is against the Supplier. We are and shall not responsible for any failure by the Supplier to supply their services and you hereby warrant, agree and accept this provision as set out under this clause.
6.4 Ensure that you can comply with any and all of the Suppliers terms and conditions and/or policies before accepting the same. For the avoidance of doubt and by way of example check the Suppliers dress code before arriving at the club or the credit cards that are accepted by the Supplier.
7. PRICE AND PAYMENT FOR THE SUPPLIER’S SERVICES
7.1 Payment for the Supplier’s Services is to be made directly to the Supplier. No payment shall be accepted by Us from you in respect of the Supplier’s Services.
7.2 The price of the Supplier’s Services will be set out in the price list in force at the time We confirm your Order. The prices may change at any time and we do not have control over such changes.
7.3 The prices payable under this clause shall include VAT.
8. OUR LIABILITY TO YOU
8.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
8.2 We do not warrant and We exclude all liability in respect of the Supplier’s Services.
8.3 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
9. OUR RIGHT TO VARY THESE TERMS
9.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept Order’s from you;
(b) changes in relevant laws and regulatory requirements;
9.2 Every time you place any Order with us, the Terms in force at that time will apply to the Contract between you and us.
9.3 Whenever we revise these Terms in accordance with this clause 9, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
10.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
10.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
10.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under clause 11. We will only cancel the contract if the Event Outside Our Control continues for longer than twelve (12) weeks in accordance with Our cancellation rights in clause 11.
11. YOUR CANCELLATION RIGHTS
11.1 Before We begin to provide the Services, you have the following rights to cancel an Order for Services, including where you choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms under clause 3.1 to your material disadvantage:
(a) You may cancel any Order for Services at any time before the start date for the Services by contacting Us. We will confirm your cancellation in writing to you.
(b) If you cancel an Order under clause 11.1(a) and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you. However, if you cancel an Order for Services under clause 11.1(a) and We have already started work on your Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
11.2 Once We have begun to provide the Services to you, you may cancel the contract for the Services at any time by providing Us with at least 30 calendar days' notice in writing. Any advance payment you have made for Services that have not been provided will be refunded to you.
11.3 Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
(a) We break this contract in any material way and We do not correct or fix the situation within fourteen days of you asking Us to in writing;
(b) We go into liquidation or a receiver or an administrator is appointed over Our assets;
(c) We change these Terms under clause 3.1 to your material disadvantage;
(d) We are affected by an Event Outside Our Control.
11.4 Cancellation of an Order for Services does not automatically cancel the Supplier’s Order for Supplier’s Services with the Supplier. You are responsible to contact the Supplier directly. This is not Our responsibility.
12. OUR CANCELLATION RIGHTS
12.1 If We have to cancel an Order for Services before the Services start:
(a) We may have to cancel an Order before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens.
(b) If We have to cancel an Order under clause 12.1(a) and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
(c) Where We have already started work on your Order for Services by the time We have to cancel under clause 12.1(a), We will not charge you anything and you will not have to make any payment to Us.
12.2 Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least twenty-four (24) hours notice in writing.
12.3 If you have made any payment in advance to the Supplier for the Supplier’s Services for Supplier’s Services that have not been provided you must contact them directly in relation to any refund.
12.4 We may cancel the contract for Services at any time with immediate effect by giving you written notice if you break the contract in any other material way and you do not correct or fix the situation within fourteen days of Us asking you to in writing.
13. INFORMATION ABOUT US AND HOW TO CONTACT US
13.1 If you have any questions or if you have any complaints, please contact Us. You can contact Us by writing to our customer service team at Customer Services, VIP Clubs Limited, PO Box 5411 or by e-mailing Us at orders(at)vipclubs.co.uk
13.2 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to VIP Clubs Limited at PO Box 5441, Manchester M61 0JL. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 We will use the personal information you provide to Us to:
(a) provide the Services; and
(b) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
14.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
14.3 We will not give your personal data to any other third party than is necessary to undertake the Services.
15. OTHER IMPORTANT TERMS
15.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
15.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
15.3 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.
15.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
15.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.