Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Ember & Phoenix.
Ember & Phoenix is a trading name of Delite Event Creations UK Limited (Company No. 15948532), registered in England and Wales with its registered office at Oakview Trading, Estate Lombard Street Horton Kirby Dartford DA4 9DF.
The terms “we”, “us” and “our” refer to Delite Event Creations UK Limited trading as Ember & Phoenix.
Ember & Phoenix operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with access to our hire services and related offerings (the “Services”). Ember & Phoenix is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy . If you do not agree, you should not use or access the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your place of residence.
To use the Services, including browsing or placing an order, you may be required to provide information such as your email address, billing, payment, delivery, and contact details. You represent and warrant that all information provided is accurate, current, and complete.
You are responsible for maintaining the security of your account credentials and for all activity conducted through your account. Accounts may not be transferred, sold, or assigned.
SECTION 2 – OUR PRODUCTS AND HIRE ITEMS
All items offered by Ember & Phoenix are provided on a hire basis only unless expressly stated otherwise.
We make every effort to display our items accurately. However, colours, finishes, scale, or appearance may vary due to lighting, photography, rendering, or device display settings. We do not guarantee that the appearance of any item will exactly match its depiction online.
All descriptions and availability are subject to change without notice. We reserve the right to limit quantities, refuse hire, or discontinue any item at our discretion.
SECTION 3 – ORDERS
Placing an order constitutes an offer to hire items from Delite Event Creations UK Limited trading as Ember & Phoenix.
We reserve the right to accept or decline any order at our discretion. An order is not confirmed until payment has been received and the order is accepted.
Once accepted, orders may not be cancelled or modified except as permitted under our Refund Policy.
You represent and warrant that all orders are placed for temporary hire use only and not for resale, redistribution, or permanent ownership.
SECTION 4 – PRICES AND BILLING
Prices are subject to change without notice. The price charged will be the price shown at the time the order is placed.
Unless otherwise stated, prices do not include taxes, delivery, setup, or collection fees. You agree to provide accurate payment information and authorise us to charge all applicable fees.
If VAT becomes applicable, it will be charged in accordance with UK law.
SECTION 5 – DELIVERY AND COLLECTION
All delivery and collection times are estimates only and are not guaranteed. While we will make every reasonable effort to attend at the delivery time selected by the customer, delays may occur due to traffic, road conditions, access restrictions, venue limitations, weather, or other circumstances beyond our control.
Customers are strongly advised to schedule delivery at least 1 to 2 hours before their event start time.
Delivery includes ground-level drop-off only. Delivery does not include stairs, lifts, internal venue transport, long carry distances, or complex access unless agreed in advance. The driver’s responsibility is limited to unloading items and handing them over at the agreed location.
Customers are responsible for ensuring:
suitable and legal parking is available
access is clear and safe
any required permits or permissions are secured
Any fines, penalties, delays, or additional costs incurred due to inadequate parking or access restrictions may be passed on to the customer.
If the customer or their representative is not present at the agreed time, the driver will wait up to 15 minutes and attempt contact using the provided details. If delivery cannot be completed, the driver may leave to complete other scheduled deliveries. Redelivery fees may apply, and same-day redelivery is subject to availability.
Photographic proof of delivery will be taken. Responsibility for hired items transfers to the customer once delivery is completed at the agreed location. Ownership of all hired items remains with Delite Event Creations UK Limited at all times.
Collections follow the same principles. Items must be returned to the agreed location, ready for collection, complete (including all parts supplied and any items supplied as a set), and in a condition consistent with normal use. Items must be free from food, liquids, wax, confetti, glitter, smoke residue, and other contaminants unless expressly agreed in writing. Additional cleaning, repair, or replacement charges may apply.
SECTION 6 – HIRE PERIOD, RESPONSIBILITY, DAMAGE, LOSS, AND SECURITY
6.1 Definitions. For the purposes of these Terms:
a) “Hire Period” means the period from the time items are delivered (or collected by you) until the time the items are collected by us (or returned by you), as confirmed in your order.
b) “Hire Subtotal” means the item hire charges only (rental fees), excluding delivery, collection, setup, labour, taxes, and other fees unless stated otherwise.
c) “Security Deposit” means any refundable security deposit payable in relation to hired items.
d) “Damage Waiver” means the mandatory, non-refundable fee described in our Damage Waiver Policy.
e) “Excess” means the fixed amount you remain responsible for under the Damage Waiver in the event of a claim.
f) “Normal Wear and Tear” means minor signs of use consistent with careful handling, excluding staining, burns, breakage, missing parts, and misuse.
g) “Replacement Cost” means the cost to replace an item with the same item or, where unavailable or discontinued, the closest equivalent of similar quality and specification, including reasonable sourcing and shipping costs.
6.2 Responsibility and risk. Risk in the hired items passes to you once delivery is completed at the agreed location (or on collection by you). You are responsible for the hired items for the duration of the Hire Period, including when items are handled by guests, venue staff, contractors, or any third party.
6.3 Condition on delivery. We may document the condition of items at dispatch or delivery. You must notify us of any issues as soon as reasonably practicable after delivery or collection. Failure to notify may be treated as acceptance of condition.
6.4 Damage Waiver (mandatory). A mandatory Damage Waiver applies to each order and is charged as set out in our Damage Waiver Policy, which forms part of these Terms. The Damage Waiver is not a deposit and is not insurance. It provides limited cover for accidental damage only, subject to exclusions, an Excess, and a Coverage Limit.
6.5 Excess and Coverage Limit. Where a claim applies under the Damage Waiver:
a) an Excess of £50 per order applies; and
b) we will waive covered accidental damage charges in excess of the Excess up to a maximum of 1× the Hire Subtotal, capped at £300 per order.
Any charges above the Coverage Limit remain payable by you.
6.6 Exclusions and customer liability. The Damage Waiver does not apply to, and you remain liable for, costs relating to loss, theft, missing items or parts, deliberate damage, misuse, negligence, outdoor use where not permitted, burns, wax flooding, heat damage, liquid ingress to electrical items, damage rendering an item unsafe or unfit for re-hire at our sole discretion, or any damage resulting in permanent structural, cosmetic, or functional impairment. Where items are missing, stolen, or not recoverable, you will be charged Replacement Cost.
6.7 Cleaning, repair, and replacement. If items are returned requiring additional cleaning, repair, or replacement, we may charge reasonable costs associated with returning items to hire-ready condition. Where an item cannot be repaired, or is missing, Replacement Cost will apply. We may also charge reasonable administration, logistics, and sourcing costs associated with remedying damage or loss.
6.8 Security Deposits, refunds, and how charges are applied. Security Deposits (where applicable) are refundable subject to items being returned complete and in acceptable condition and following inspection by us. Deposit refunds are processed after items have been collected or returned and reviewed. We aim to review items within 1 to 2 working days of collection or return. Once a refund is processed, it may take a further 4 to 5 working days to appear in your bank account, depending on your bank or payment provider.
If any sums are payable by you (including the Excess and any amounts above the Coverage Limit), we will apply those sums:
a) first, by retaining amounts from the Security Deposit; and
b) second, where the Security Deposit is insufficient, the remaining balance becomes payable by you.
6.9 Inspection, timing, and notification. We will inspect items on collection or return and may complete a detailed inspection after return to our premises. We aim to notify you of chargeable issues within a reasonable period after collection or return. Where no chargeable issues are identified, we will process the Security Deposit refund in accordance with Section 6.8.
6.10 Failure to make items available for collection or late return. You must ensure items are ready at the agreed location and time for collection or return. If items are not available, or collection or return is delayed, additional fees may apply including additional hire days, additional delivery or collection charges, and any reasonable costs incurred as a result.
SECTION 7 – INTELLECTUAL PROPERTY
All content on the Services, including text, images, branding, designs, and media, is owned by Delite Event Creations UK Limited trading as Ember & Phoenix or its licensors and is protected by applicable intellectual property laws.
You may use the Services for personal or business hire purposes only. No content may be reproduced, distributed, or reused without written permission.
SECTION 8 – OPTIONAL TOOLS
We may provide access to third-party tools which are offered “as is” and “as available”. We are not responsible for their operation or content.
SECTION 9 – THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for their content, accuracy, or practices. Accessing third-party sites is at your own risk.
SECTION 10 – RELATIONSHIP WITH SHOPIFY
Ember & Phoenix is powered by Shopify. All transactions are made directly between you and Delite Event Creations UK Limited trading as Ember & Phoenix. Shopify is not responsible for any aspect of the hire, delivery, or use of items.
SECTION 11 – PRIVACY POLICY
Personal information collected through the Services is governed by our Privacy Policy and Shopify’s Privacy Policy.
SECTION 12 – FEEDBACK
Any feedback submitted grants Delite Event Creations UK Limited trading as Ember & Phoenix a perpetual, royalty-free right to use that feedback for any purpose.
SECTION 13 – ERRORS AND OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions and to cancel orders where information is incorrect.
SECTION 14 – PROHIBITED USES
You may not use the Services for unlawful, abusive, misleading, or harmful purposes, nor interfere with the operation or security of the Services.
SECTION 15 – TERMINATION
We may terminate or suspend access to the Services at any time. Obligations incurred prior to termination remain enforceable.
SECTION 16 – DISCLAIMER OF WARRANTIES
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability which cannot be excluded under applicable law.
Subject to the above, the Services and all hire items are provided “as is” and “as available”.
SECTION 17 – LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability which cannot be excluded under applicable law.
Subject to the above, to the fullest extent permitted by law, Delite Event Creations UK Limited trading as Ember & Phoenix shall not be liable for any indirect, incidental, or consequential damages arising from use of the Services or hire items.
SECTION 18 – INDEMNIFICATION
You agree to indemnify and hold harmless Delite Event Creations UK Limited trading as Ember & Phoenix and Shopify from any claims arising from your breach of these Terms or misuse of the Services or hire items.
SECTION 19 – SEVERABILITY
If any provision is found unenforceable, the remaining provisions remain in effect.
SECTION 20 – WAIVER AND ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Delite Event Creations UK Limited trading as Ember & Phoenix.
SECTION 21 – ASSIGNMENT
You may not assign these Terms without our consent. We may assign them freely.
SECTION 22 – GOVERNING LAW
These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
SECTION 23 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 24 – CHANGES TO TERMS
We may update these Terms at any time. Continued use of the Services constitutes acceptance of any changes.
SECTION 25 – CONTACT INFORMATION
Questions about these Terms should be sent to:
Ember & Phoenix
A trading name of Delite Event Creations UK Limited
Company No: 15948532
Oakview Trading, Estate Lombard Street Horton Kirby Dartford DA4 9DF
Email: info@emberphoenix.com