Frequently Asked Questions

Terms and Conditions 

– last update 28/07/2022

 

This Agreement is between The Lucky Drinker Ltd (‘Company’) and the customer (‘Hirer’). 

 The Agreement will start when the Company has confirmed the order to the Hirer in writing.

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In these Terms and Conditions the following words have the following meanings:

"Contract" means a contract which incorporates these terms & conditions and made between the Customer and the Supplier for the hire of goods and/or the sale of products.

“Catering Services" means the Catering Services provided to the Customer by The Lucky Drinker Ltd under the terms of the Agreement.
"Customer" means the person, firm, company or other organisation hiring Hire Goods.

"Supplier" means The Lucky Drinker Ltd and will include its employees, servants, agents and/or duly authorised representatives.

"Price" means the price to be paid by the Customer to The Lucky Drinker Ltd for the Catering Services as specified in the Invoice or Estimate.

"Deposit" means any advance payment required by the Supplier in relation to the Hire Goods which is to be held as security by the Supplier.

"Products" means the products sold to the Customer by the Supplier.

"Services" means the services and/or work (if any) to be performed by the Supplier for the Customer in conjunction with the hire of Hire Goods including any delivery and/or collection service for the Hire Goods. 

"Additional Costs" means such additional costs attributable to the provision of Additional Services to the Customer by The Lucky Drinker Ltd which shall include VAT where applicable.
"Catering Date" means the date and time of the catering specified in the Order.
"Premises" means the premises specified in the order at which the Catering Services are to be provided. 
"We" or 'Our' refers to The Lucky Drinker Ltd. 

"Hire Goods" means any machine, article, tool, and/or device together with any accessories specified in a Contract which are hired to the Customer.

"Hire Period" means the period commencing when the Customer holds the Hire Goods on hire (including Saturdays Sundays and Bank Holidays) and ending upon the happening of any of the following events: (i) the physical return of the Hire Goods by the Customer into the Supplier's possession; or (ii) the physical repossession or collection of Hire Goods by the Supplier.

"Liability" means liability for any and all damages, claims, proceedings, actions, expenses, costs and any other losses and/or liabilities.

 

1. GENERAL

1.1 English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.

1.2 All of our website and brochure prices are exclusive of VAT, which is applied to the Customer's Proforma or Invoice.

1.3 Prices are correct at time of going to press but The Lucky Drinker Catering reserve the right to increase prices from time to time (due to increased material, labour or transport costs or fluctuations in exchange rates) without prior written agreement.

1.4 Please note that the website pricing is updated regularly therefore may differ to that in our current printed catalogue.  The website prices will supersede any catalogue pricing.

1.5 You are not our agent. You have no authority to make any contract on our behalf or in our name.

1.6 We may treat you as insolvent if:

1.7 You are unable to pay your debts as they fall due; or

1.8 You (or any item of your property) become the subject of:

1.9 Any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy).

1.10 All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.

1.11 The only statements upon which you may rely in making the contract with us, are those made in writing by THE LUCKY DRINKER LTD – TERMS AND CONDITIONS 2022.

 

2. WARRANTIES

2.1 Capacities, dimensions, images and colours quoted or displayed are for indication only and the Hirer accepts these may vary from the actual Equipment.

2.2 We warrant that the goods and any process we may carry out will:

2.3 Comply with the description on our acknowledgement of order form; and

2.4 Be free from material defect at the time of delivery.

2.5 We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose or the quality of the process or the fitness for any purpose of any finish, materials or processed goods.

2.6 If you believe that we have delivered goods or carried out a process defective in materials or workmanship, you must:

2.7 Inform us (in writing), with full details, as soon as possible; and

2.8 Allow us to investigate (we may need access to your premises and product samples).

2.9 If the goods are found to be defective in material or workmanship (following our investigations, and you have complied with those conditions in full, we will (at our option) replace the goods.

 

3. CONFIRMATION & PAYMENT

3.1 Our quotations lapse after 7 days (unless otherwise stated). 

3.2 A minimum of 50% deposit of the total hire cost is required upon booking and the booking is not confirmed until the full booking amount is received by The Lucky Drinker Ltd. This can be made via BACS or Credit or Debit Card.

3.3 The price quoted excludes delivery (unless otherwise stated).

3.4 Full payment is required 7 days before the period of hire commences.

3.5 The charges laid out in the quote are for hire only and not for the purchase of equipment (unless otherwise stated). 

3.6 We may charge you at our current rates for any additional service which you ask us to do.

3.7 Please let us know of any dietary requirements by email before the order has been finalised and inform us of the severity of the allergy. 

3.8 If you have an approved credit account, payment is due no later than 30 days after the date of our invoice unless otherwise agreed in writing. The Lucky Drinker Catering reserves the right to charge interest on any late payments of amounts owed, chargeable at the rate of 4%.

3.9 If you fail to pay us in full on the due date:

3.9.1We may suspend or cancel future deliveries;

3.9.2 We may cancel any discount offered to you;

3.9.3 We may recover the cost of taking legal action to make you pay.

3.9.4 If you have an approved credit account, we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may do any of those at any time without notice.

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4. HIRE PERIOD

4.1 The hire period for equipment is for up to 3 days (which includes the day of delivery and the day of collection) unless agreed otherwise.

4.2 Catering Staff are provided for a minimum of 3 hours and rates can vary.

4.3 Catering staff is available only on request.

4.4 The Hirer may not extend the hire period without prior permission from the Company. Additional time hire will be chargeable.

4.5 During the hire period, the Hirer is solely responsible for the equipment and the Hirer is at all times responsible for insuring or safekeeping the equipment until it is returned and accepted back into the possession of the Company.

4.5 The following Hire Rates table breaks down the how our hire period charges are calculated (Sundays and Bank Holidays are not counted).In the case of a late return of hired equipment on the part of the Hirer the below charge will be applied. 

DURATION x RATE

1+ days - price x 1

4+ days - price x 1.5 

5+ days - price x 2

8+ days - price x 3

12+ day - price x 4

15+days - price x 5

18+ days - price x 6

Longer periods subject to negotiation. Please contact our sales team for more details

 

5. DELIVERY AND COLLECTION

5.1 Delivery takes place either:

At our premises (if you are collecting them or arranging carriage); or

At your premises (if we are arranging carriage).

5.2 Delivery rates varies according to your location:

5.3 Deliveries are made between 8am and 6pm.

5.4 Deliveries before 08:00 and collections after 19:00 will incur additional charges on top of the delivery fee. Charges will be dependent upon booking size and delivery distance.


5.5 Hirers should ensure that they or their representatives are at the delivery address.

5.6 The Customer will allow and/or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and access to utilities for the Supplier's employees, sub-contractors and/or agents to allow them to carry out the Services. 

5.7 The Company’s employees may decline to deliver to or collect from any site should they have health and safety concerns or be exposed to possible contravention of traffic rules.

5.8 The Customer will ensure that the site where the Services are to be performed is, where necessary, cleared and prepared before the Services are due to commence.



5.9 If any Services are delayed, postponed and/or are cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay the Supplier's additional standard charges from time to time for such delay, postponement and/or cancellation except where the Customer is acting as a consumer and the delay is due to a Force Majeure event.

 

6. SHORTAGES, DAMAGE & BREAKAGES

6.1 The Hirer is responsible for checking goods on delivery.

6.2 The Hirer must inspect the goods on delivery. If any goods are deemed to be damaged, short, (or any other discrepancy), you must notify us within 24 hours from the time you have received your order. You must provide photographic evidence of damaged goods. Claims made after this period are not valid.

 

7. CARE OF HIRE GOODS

7.1 Equipment must be available for collection at the collection address on the last day of the hire unless otherwise agreed. 

7.2 Extra expense incurred where repeat journeys have to be made due to the Hirer or the hire site being unavailable or the Equipment nor prepared for collection will be chargeable.

7.3 Equipment will only be counted onsite at the time of delivery or collection at the specific request of the Hirer to the Company in advance and where it is practical to do so, in which case a named representative of the Hirer must be present to check the Equipment. 

7.4 Any goods returned which do not belong to the Company will be notified to the Hirer. Should they not be collected within 5 working days the Company reserves the right to dispose of them. Should the Hirer wish to have them returned this will be at the Hirer’s expense.

7.5 Any losses or damage to hired items will be chargeable to the client in an invoice post-booking.


7.6 The Customer shall:-

7.6.1 not remove any labels from and/or interfere with the Hire Goods, their working mechanisms or any other parts of them and shall take reasonable care of the Hire Goods and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to the Customer;

7.6.2 notify the Supplier of any change of its address and upon the Supplier's request provide details of the location of the Hire Goods;



7.6.3 permit the Supplier at all reasonable times and upon reasonable notice to inspect the Hire Goods including procuring access to any property where the Hire Goods are situated;



7.6.4 not continue to use Hire Goods where they have been damaged and will notify the Supplier immediately if the Hire Goods are involved in an accident resulting in damage to the Hire Goods, other property and/or injury to any person; and



7.6.5 where the Hire Goods require fuel, oil and/or electricity ensure that the proper type and/or voltage is used and that, where appropriate, the Hire Goods are properly installed by a qualified and competent person.



7.6.6 ensure that any employees, agents or contractors that operate the Hire Goods are, if applicable, adequately and sufficiently qualified and trained to operate the Hire Goods in accordance with all current and applicable legislation.

7.6.7 The Hire Goods must be returned by the Customer in good working order and condition (fair wear and tear excepted) and in a clean condition together with all insurance policies, licences, registration and other documents relating to the Hire Goods.

7.6.8 Equipment must be returned in the original boxes or storage receptacle in which it was supplied.  Failure to return the correct receptacles will result in an additional charge.

7.6.9 Equipment must be placed in the correct storage containers for return.

7.6.10 must store them so that they are clearly identifiable as our property;

7.6.11The hire charge includes cleaning but the Hirer must ensure that the Equipment is cleared of excess food and liquid. Failure to do this will result in a cleaning charge.

 

8. RISK OWNERSHIP

8.1 Risk in the Hire Goods and any Products will pass immediately to the Customer when they leave the physical possession or control of the Supplier.

8.2 Risk in the Hire Goods will not pass back to the Supplier from the Customer until the Hire Goods are back in the physical possession of the Supplier. This shall apply even if the Supplier has agreed to cease charging the Rental.



8.3 Ownership of the Hire Goods remains at all times with the Supplier. The Customer has no right, title or interest in the Hire Goods except that they are hired to the Customer. Ownership of any Products remains with the Supplier until all monies payable to the Supplier by the Customer for the Products have been paid in full.

8.4 The Company does not accept responsibility for public liability in connection with any hire.

8.5 The Company is not responsible for any injury or damage to persons or property arising from the use of the Equipment. Particular attention should be paid to surfaces on which water boilers, burner rings, hot plates, hot cupboards, and bain maries are standing.

8.6 The Company will in no circumstance be liable for any direct, indirect or consequential loss, loss of profit, damage or extra costs incurred caused by negligence or other default in the use, performance, failure to deliver or collect or non-availability of the Equipment howsoever caused.

8.7 It is the Hirer’s responsibility to ensure that the Equipment is kept dry, undamaged and in a secure place until collected.

8.8 The Company does not insure the Equipment while it is with the Hirer.

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9. CANCELLATION

9.1 Cancellation of an order must be made in writing.


9.2 If the Client wishes to cancel the booking or reduce an order with The Lucky Drinker Ltd, the following charges will apply:

9.2.1 Orders cancelled or reduced within 7 days prior to the delivery time will be charged at 50% of the total amount of the order (deposit & delivery fee included where applicable).

9.2.2 Orders cancelled more than 7 days prior to the delivery time will be charged at 25% of the total amount of the order (deposit & delivery fee included where applicable)..  

9.2.3 Orders cancelled more than 30 days prior to the delivery time will be charged at 10% of the total amount of the order (deposit & delivery fee included where applicable)..

9.2.4 Full refund applies, in case of national lockdowns.
 

10. RETURN & REFUND

10.1 The Company will normally refund the deposit or part thereof within 5 working days of the end of the hire. 

10.2 Refunds are transferred to the same card the purchase was made. The Lucky Drinker Ltd may ask you to provide bank details, when needed, in order to process the refund accordingly.

10.3 If for any reason the Company is unable to automatically refund any deposit or part thereof the Company will make at least 2 attempts to contact the Hirer.  If the Hirer does not respond within 28 days, the deposit or part thereof will not be refundable.

10.4 Delivery fee is not refundable. However, for items supplied by us in error, we will arrange free delivery. We reserve the right to charge a collection fee if the goods are not available on the agreed collection date.

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11. LOSS OR DAMAGE TO THE HIRE GOODS

11.1 A charge will be made for any packing boxes, cartons and containers not returned.

11.2 The Supplier will at its own cost carry out all routine maintenance and repairs to the Hire Goods during the Hire Period and all repairs which are required due to fair wear and tear and/or an inherent fault in the Hire Goods. 

11.3 The Customer will be responsible for the cost of all repairs necessary to Hire Goods during the Hire Period which arise otherwise than as a result of fair wear and tear, an inherent fault and/or the negligence of the Supplier while carrying out routine maintenance and/or repairs.

11.4 The Customer must not repair or attempt to repair the Hire Goods unless authorised to do so in writing by the Supplier.

11.5 If the Hire Goods are returned in damaged and/or defective state except where due to fair wear and tear and/or an inherent fault in the Hire Goods the Customer shall be liable to pay the Supplier for the cost of any repair.

11.6 Damage, shortages, and breakages will be charged for a replacement prices shown on the invoice. We will take back and credit any shortages if the goods are returned within 14 days of invoice, however extended hire charges will be applied.

11.7 The charge for lost or damaged items will be deducted from the Equipment deposit without further reference to the Hirer.

11.8 If the charge for lost or damaged items exceeds the Equipment deposit the Company will invoice the Hirer for lost or damaged goods and settlement must be made within 3 working days of the date of the invoice.

11.9 If the Hirer wishes to inspect damaged goods the Hirer must notify the Company in writing within 2 working days of the Hirer being informed of any such damage. Any such inspection will take place within a reasonable period at the Company’s premises unless otherwise agreed.

 

12. WAIVER AND VARIATIONS

12.1 Any waiver or variation of these terms is binding in honour only unless: Made (or recorded) in writing;

Signed on behalf of each party; and

Expressly stating an intention to vary these terms.

12.2 All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.

 

13. FORCE MAJEURE

13.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability. Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.

 

14. PRIVACY

14.1Purchases

If you wish to purchase any product or service made available through The Lucky Drinker Catering you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, address, contact details, bank details.

14.2 Subscriptions

Some parts of the Service are billed on a subscription basis. You will be billed instantly when this is recurring.

14.3 Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material. You are responsible for the incorrect use of our content.

14.4 Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by The Lucky Drinker Catering.

The Lucky Drinker Catering has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The Lucky Drinker Catering shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

15. HOW WE HANDLE YOUR DATA

This section covers the sources and categories of personal data that we collect and process, why we do so, and the lawful bases for such processing.

Sources of personal data

We may obtain your personal data from the following sources:

1. from you directly (for example, at the time of subscribing to any services offered on a website, mobile applications, events, interactive kiosks or social media including but not limited to email mailing lists, interactive services, posting material or requesting further goods or services);

2. from your device or browser; and/or

3. if you contact us, we may keep a record of that communication.

 

Personal data that we may collect and process

1. name

2. username

3. address

4. date of birth

5. email address

6. operating system

7. browser type

8. cookie data (for more information please see our Cookie Policy – linked below)

9. preferences regarding online marketing and tracking

10. IP address

11. Location

12. Information you submit to us when you contact us posting material or requesting our service

13. Responses you provide as part of our surveys, competitions, games and other interactive services; and/or

14. Product orders, event invitations sent, and tickets bought

15. Behavioural information from online, web, apps, email and social media, if we have your permission to do so.

 

Sources of personal data

We may obtain your personal data from the following sources:

1. from you directly (for example, at the time of subscribing to any services offered on a website, mobile applications, events, interactive kiosks or social media including but not limited to email mailing lists, interactive services, posting material or requesting further goods or services);

2. from your device or browser; and/or

3. if you contact us, we may keep a record of that communication.

 

Why do we collect your personal data and what are our lawful bases for it?

1. Provide our digital services to you

2. Establish and manage our relationship

3. Our legitimate interest: Managing security, risk and crime prevention

4. Let you know about our products, services and events that may be of interest to you by letter, telephone, email or other forms of electronic communication

5. Learn about how our products or services may be used

6. Ad retargeting: Sending you targeted and personal adverts on web sites and social media based on your preferences, purchase history and tracked behaviour.

7. If you object to us using your personal data for the above purposes, including direct marketing, please contact us.

Where we use cookies or similar technologies, we will seek your prior consent where required to do so by law.

We do not sell your personal data to any third party.

Our website may, from time to time, contain links to and from the websites of our partner networks, creative partners and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy notices or policies. Please check their privacy notices or policies before you submit any personal data to these websites.

Please do not submit any information via this website or application if you are not happy with the way your personal data is processed as described in this Privacy Policy.

 

You may exercise the following rights.

Right to Know and Access. You may submit a verifiable request for information regarding the: categories of Personal Information collected or disclosed by us; purposes for which categories of Personal Information are collected by us; categories of sources from which we collect Personal Information; and specific pieces of Personal Information we have collected. Prior to disclosing the information, we are required to verify that the individual making the request is indeed the individual to whom the information relates. Once we receive a verifiable request, we must disclose to you the information requested for the twelve months preceding your request.

Right to Delete. Subject to certain exceptions, you have the option to delete Personal data about you that we have collected from you.

Verification. Requests for access to or deletion of Personal data are subject to our ability to reasonably verify your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations.

Right to Equal Service and Price. You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights.

Submit Requests. For other requests or to authorize an agent to make a request on your behalf, you can also reach contact us.

 

16. SHARING OF YOUR INFORMATION

16.1 We do not sell your personal data to any third party.

16.2 We use secure methods to transmit personal data.

 

17. OUR RIGHTS

17.1 When prescribed by local regulations, you are entitled to obtain information from us on how we handle your personal data, to see copies of all personal data held by us and to request that your personal data is amended, corrected or deleted from our systems.

17.2 You can also ask us to transfer a copy of your personal data that you provided to us, limit, restrict or object to the processing of your data.

17.3 We do not carry out any decision-making based solely on automated processing, including profiling.

17.4 If you gave us your consent to use your data, e.g. so that we can use your electronic contact details to send you marketing communications, you can withdraw your consent at any time. Please note that even if you withdraw your consent, we can still rely on the consent you gave as the lawful basis for processing your personal data before you withdrew your consent.

17.5 You can object to our use of your personal data where we stated we rely on our legitimate business interests to do so. We explained the legitimate interests we rely on in sections ‘Why do we collect your personal data and what are our lawful bases for it?’ 

If you would like to exercise any of your above rights, contact us.

 

Changes

Questions, comments, complaints and requests regarding this Privacy Policy, or our privacy practices in general, are welcomed.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

Contact Us

If you have any questions about these Terms, please contact us.