Terms & Conditions
About these terms and conditions (“Terms”)
We reserve the right to amend these Terms from time to time and will post a message on our homepage along with the new version of the Terms if that happens or email to alert you to our new terms. Your continued use of the Site will be deemed to be acceptance of any new terms.
Who we are
Peachy Smiles Photobooth is a company incorporated in New York and Georgia. We may be contacted at Peachy Smiles Photobooth, P.O. Box 250471, Atlanta, Georgia, 30318.
Products & Services
All Products shown on our Site are subject to availability. The images of the Products on our Site are for illustrative purposes only and may vary slightly from those images.
Our contract with you
We require booking forms and payment to be completed online at www.peachysmilesevents.com in order to place the booking. All details stated on the booking form will be taken as given unless we are otherwise notified in email or writing.
Once you have filled out the booking form on our Site with respect to your hire requirements, you will receive an email from us acknowledging that we have received your request and payment. This represents that the booking has been accepted and full payment has been received for the items listed within the email confirmation. The confirmation email will have our contact details, details of the Product you have hired (and any additional add-ons) for the requested event date (“Date”), and the final full cost paid including any taxes if applicable. A contract between us will only be formed once we confirm receipt of your payment for hire of the Product on the Date (“Booking”). If a Product is no longer available for hire we will inform you of this by email and your order will not be processed, or if a payment was taken you will be refunded for the full amount.
Our order process allows you to check and amend any errors before submitting the order. Please take time to read and check your order at each page of the order process. You are solely responsible for providing accurate details with respect to any Booking you make.
Price and Payment
Prices for hire of our Products are clearly stated on our Site in dollars. Prices for hire of our Products may change from time to time, but price changes will not affect any Booking which we have confirmed by email.
While we do our very best to ensure that all prices on our Site are accurate, errors may occasionally occur. If we discover an error in the cost of booking our Products we will inform you as soon as possible and give you the option of rebooking at the correct price or cancelling the Booking. We are under no obligation to provide any Products to you at an incorrect price, even after we have sent you a Booking confirmation if the pricing error is obvious and could have reasonably been recognized by you as a mispricing. If we are unable to contact you, we may treat the Booking as cancelled and a cancellation charge may apply as outlined below.
Cancellation by Purchaser
If you want to cancel a confirmed Booking, you must do so in writing. Requests must be made more than 30 days of the booking date and must be received at email@example.com.
If a cancellation is requested for a confirmed Booking or package add-on Product more than 30 days of the Booking Date, cancellation charges will be 20% of the final cost of all Products and/or Booking, and will be deducted prior to a refund.
Cancellations for Bookings requested less than 30 days of the Booking Date will receive no refund.
Cancellations for package add-on Products (excluding the photographer package add-on Product) requested less than 48 hours (two days) of the Booking Date will receive no refund. If the request is made more than 48 hours (two days) of the Booking Date, a 10% cancellation fee will apply to the refund.
A cancellation for the Photographer package add-on Product will be subject to a 33% cancellation fee.
Cancellation by Peachy Smiles Photobooth
We reserve the right to cancel your Booking without liability to you and without any obligation to refund your deposit if:
· we discover that you have deliberately concealed information, or deliberately given us incorrect information, about your Booking in circumstances where (if you had not done so) it would have been reasonably foreseeable that we would not have accepted your Booking;
· where any of our employees has received threatening or abusive behaviour from you or anyone attending the event with respect to the Booking;
· we have reasonable grounds to believe that your behaviour or that of any third party is likely to result in damage to our Product or injury to people.
If we cancel your Booking under any of the circumstances above, the cancellation charge of 20% of the final cost of Products shall apply. You are fully responsible for any deliberate damage to our Product caused by you or a third party with respect to your Booking.
Modifications to Booking by Purchaser
Modifications are subject to the availability of the Products. Modifications to a confirmed Booking must be done so in writing. Requests must be made more than 30 days of the booking date and must be received at firstname.lastname@example.org. A modification will only be honored via a confirmation email to the purchaser from Peachy Smiles Photobooth. Modifications made within 30 days of the Booking Date are subject to the approval of Peachy Smiles Photobooth and will be reviewed on a case by case basis.
Venue Access and Location
We must be provided with the full correct address for the chosen venue, and it is your responsibility to ensure this. There must be suitable parking facilities at your chosen venue for the duration of your Booking for reasonable access for both loading and unloading of equipment. We are happy to liaise with your venue if requested to arrange access at the agreed time on the Date, but you must provide a contact number for the venue or an email address.
The hire period for the Booking will be stated on the confirmation email we provide to you. Use of our Product will start at the agreed time and will finish at the agreed time. We will arrive to set up approximately 45 minutes prior to the specified start time of hire. If you require us to set up earlier than this then you must notify us at least 7 days before the Date. If we set up our Product prior to the agreed start time and the Product is not in use then there will be an additional charge of $25 for each hour the Product is not in use.
If for any instance we are delayed in providing the hired Product due to poor access or venue restrictions the agreed hire period will remain unchanged. If your event starts or runs late, the period of hire will still be for the agreed period, unless we have agreed to provide additional hours as per an addition charge.
Events beyond our Control
We strive to attend any event that you have hired our Product for. Where circumstances make this impossible due to, but not limited to adverse weather conditions, we will contact you as early as possible and a full refund will be made. We reserve the right to cancel any Booking because of adverse weather conditions.
We will always try to arrive at the venue location which you provide for the agreed time. Where circumstances make this difficult due to severe traffic delays or vehicle breakdowns, we will extend the time of the hire so that the hire period is the same with respect to the Booking made by you. If this is not possible we will refund you accordingly the amount of time delayed by and in proportion to the amount paid.
Where you have purchased a guestbook as an additional add-on, it is not our responsibility if any pictures are not placed in the guestbook. Any damage to the guestbook during the event is not our responsibility.
Emails, Facebook and other social media options require an internet connection and an upload speed of 1MB/ for these options to run effectively. A wired connection is preferable as upload speeds depend on the connection. Emails, Facebook and other social media options can run off a Wi-Fi connection as long as the connection is steady and has the recommended speed of 1MB/s. Facebook and Twitter are sometimes affected by technical issues and service disruptions, which cannot be predicted. Therefore we cannot be held responsible, if Facebook and Twitter experiences technical difficulties as this beyond our control.
Please note that we use a Facebook application to upload pictures. For each Facebook upload there will be a reference to our company and it is the policy of Facebook to make this reference. Unfortunately the reference cannot be removed from any of the images uploaded to Facebook.
You must comply with the terms of the Agreement as set out in these Terms.
· You warrant that you: are over 18 and have full authority to enter in this Agreement.
· You confirm you are not currently restricted from using our Site or from contracting with us; that you shall not infringe our rights; and that you shall only submit information on the Site that you are entitled to submit, which is accurate and not confidential.
· You are responsible for complying with the laws of the country from where you use the Site and to ensure you have all necessary permission and consents in place in relation to your use of the Site.
· If you think that you are entitled or required to act contrary to the Agreement due to mandatory law which applies to you, you must notify us at least 28 days before you act contrary to this Agreement. We will let you know if we are able to provide a solution that prevents you having to act contrary to the Agreement.
· You should not create a false identity or submit inaccurate, false or misleading information.
· You agree to indemnify us against all damages, losses and costs which we incur due to your failure to comply with this Agreement.
Ownership of data
The Product supplied for the Booking will clearly display a statement that all images taken using our Product can be uploaded to our public online web gallery (unless a third party requests otherwise) and we are exempt from any liability with respect to publishing the images. We will immediately remove any picture fraom our public online web gallery if requested to do so.
We are not responsible or liable for you or any third party uploading images taken by our Product to any social media platform either at your event or through accessing our public online web gallery.
Images taken by our Products during events may be used by us to assist with promoting our services (unless you or a third party requests otherwise). This may include printed publications as well as online images. We own all copyright in any image taken by our Products.
The terms of this Agreement, other than the sections dealing with our respective rights and obligations, shall survive termination.
Our liability if you are a business customer
We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes. Nothing in this Agreement limits or excludes our liability for:
· death or personal injury caused by our negligence; or
· fraud or fraudulent misrepresentation;
However beyond that we exclude all other liability to the extent permitted at law.
We will under no circumstances whatever be liable to you, whether in contract, negligence, breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:
· any loss of profits, sales, business, or revenue;
· loss or corruption of data, information or software;
· loss of business opportunity;
· loss of anticipated savings;
· loss of goodwill; or
· any indirect or consequential loss.
Our total liability to you in respect of all other losses arising under or in connection with this Agreement, whether in contract, negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the hire price of the Products. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
Our liability if you are a consumer
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 these 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 the Agreement. We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Nothing in this Agreement limits or excludes our liability for:
· death or personal injury caused by our negligence; or
· fraud or fraudulent misrepresentation;
however beyond that we exclude all other liability to the extent permitted at law.
General legal provisions
If we choose to waive any particular right we have under the Agreement on any particular occasion this does not prevent us from exercising that right on another occasion.
If any part of the Agreement is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Agreement.
You are not entitled to transfer or assign your rights and obligations under the Agreement to anyone else without our prior written permission.
If there are any disputes arising out of your use of the Site or relating to the Agreement then these will be governed by the laws of Georgia, United States. If either party requires to raise court proceedings against us in relation to any such dispute then these proceedings must be raised in Georgia, United States.