Terms & Conditions

Introduction

These are the terms and conditions of service for http://expocart.com/ (Site). The Site is operated by ExpoCart UK Limited (we, us and our). We are a limited company, registered in England. Our registered company number is 08766741, and our registered office is at 20-22 Wenlock Road, London, N1 7GU. Our VAT registration number is GB174384782.

Your purchase of any of the ExpoCart Offerings (as defined below) offered on the Site is subject to these terms and conditions and by placing an order for any Service you agree to be bound by them. You should print a copy of these terms and conditions for future reference. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.

We reserve the right to change these terms and conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed with us. These terms and conditions were last updated on 26 July 2016.

What we do

Our Site allows you to hire or purchase exhibition and trade show goods, equipment and furniture (Goods) and purchase any services that are offered on the Site (Services) (together Goods and Services shall be referred to as, ExpoCart Offering(s)) for your exhibitions, conferences and other events (Events) as further specified in the order (Order) online. When you place an Order with us, we have a network of third party suppliers (Suppliers) who we contract with to provide the ExpoCart Offerings to you.

Registering with us

To order any ExpoCart Offering, you must first register to set up an account with us by completing the account registration form available on the Site. You only need to register once.

You can register through Facebook and Google, and your personal information will be taken from your account or you can register directly on the Site. If you register on the Site you must provide us with accurate, complete and up-to-date contact information, including name, postal address, telephone number and email address. You are responsible for the information you provide to us. You must promptly update your account information online in the event of any changes to this information.

Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason. If we approve your registration, you will receive a notification from us.

We reserve the right, in our discretion, to carry out checks (including checks with credit reference agencies) for the purposes of confirming your identity and to establish your creditworthiness. By agreeing to these terms and conditions, you agree to our doing so.

If you are registering as an organisation, rather than in your personal individual capacity, you must have the necessary authority, power and right fully to bind the legal entity or organisation on whose behalf you wish to be granted access to the Service(s) ordered. If you are not authorised to bind that legal entity or organisation, you must not attempt to register. By registering, you represent and warrant to us that you are duly authorised.

Username and password

Upon registration for an account with us, you will be asked to create a username and password. You must keep your username and password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account (unless expressly specified otherwise in the relevant Service description on the Site) and, accordingly, you must not disclose your username and/or password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your username and/or password (see Contacting us). Any breach of these terms and conditions and/or any use of your account by anyone to whom you disclose your username and/or password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.

Passwords are our property and we reserve the right to alter or replace them, or require you to do so, at any time in our sole discretion.

You must cease to use and delete the password for your account upon termination of your account for whatever reason.

ExpoCart Offerings

The ExpoCart Offerings are described on the Site. We attempt to be as accurate as possible in the description of the ExpoCart Offerings, however as the description are based on information provided to us by our Suppliers, we cannot guarantee that the descriptions are totally accurate, complete, reliable or error-free. Any images displayed on the Site are for illustrative purposes only.

The ExpoCart Offerings are not provided by us but by a Supplier. You acknowledge and agree that you are solely responsible for all use you make of any ExpoCart Offering. We are not responsible for any acts/or omissions of any Supplier or any third party in relation to the provision of the ExpoCart Offering.

Ordering

Once you have registered and set up an account with us, the ExpoCart Offering may be ordered by clicking on the ExpoCart Offerings you wish to use and then following the prompts that will appear on-screen. You may check and correct any input errors in your Order up until the point at which you submit your Order to us by clicking the "Pay Now Securely" button on the checkout page.

After placing an Order, you will receive an email from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to purchase an ExpoCart Offering. All Orders are subject to acceptance by us. We are not obliged to accept your Order and may, at our discretion, decline to accept any Order for any reason. You do, however, acknowledge that by clicking on the "Pay Now" button, you enter into an obligation to pay for the ExpoCart Offering. Where we accept your Order, we will confirm such acceptance to you by sending you an email confirmation of your Order (Order Confirmation). The contract between you and us in relation to the ExpoCart Offering ordered (Contract) will only be formed when we send you the Order Confirmation. You must ensure that you enter the correct information into the Order. If you notice an error in the Order Confirmation then you must contact us as soon as possible.

Changes to an Order

If we are unable to provide the ExpoCart Offering in accordance with the requirements detailed in the Order Confirmation, we may provide suitable alternative Goods and/or Services. In relation to Goods, we will use reasonable efforts to replace the Goods with products that have a close specification to the Goods specified in the Order.

Goods information

Whilst we have taken reasonable steps to depict Goods as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of the Goods when you receive it.

Terms of purchase in relation to the Goods

The Good(s) ordered will be at your risk from the time of delivery or collection. Ownership of the Good(s) purchased will also pass to you on delivery or collection, provided full payment of all sums due in respect of the Good(s), including any delivery charges, has been received.

Delivery of purchased Goods

Your Order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances.

Your Order will be delivered to the delivery address within the United Kingdom you specify when placing your order from time to time. Requests for delivery outside the United Kingdom should be emailed to us and we will consider this on a case by case basis.

Terms of hire in relation to the Goods

You shall hire the Goods from us subject to the terms and conditions of this agreement. Title to the Goods remains with us or our Suppliers at all times.

The risk of loss, theft, damage or destruction of the Goods shall pass to you on delivery. The Goods shall remain at your sole risk during the period specified in the Order and any further term during which the Goods are in your possession, custody or control until such time as the Goods are collected.

In respect of the Goods you are hiring, you will during the term of the agreement:

  • ensure that the Goods are kept and operated in a suitable environment, used only for the purposes for which they are designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions;
  • take such steps (including compliance with all safety and usage instructions provided by us or our third party suppliers) as may be necessary to ensure, so far as is reasonably practicable, that the Goods are at all times safe and without risk to health when they are being set, used, cleaned or maintained;
  • maintain at your own expense the Goods in good and substantial repair in order to keep it in as good an operating condition as it was when delivered to you (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Goods;
  • not make any alterations to the Goods and will not remove any existing component(s) from the Goods;
  • at all times keep the Goods in your possession or control and keep us informed of their location;
  • permit us or our duly authorised representative to inspect the Goods at all reasonable times and for such purpose to enter upon the premises at which the Goods may be located, and shall grant reasonable access and facilities for such inspection;
  • not, without our prior written consent, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Goods or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
  • not suffer or permit the Goods to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Goods is so confiscated, seized or taken, you shall notify us and you shall at our sole expense use your best endeavours to procure an immediate release of the Goods and shall indemnify us on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
  • not use the Goods for any unlawful purpose; and
  • ensure that at all times the Goods remains identifiable as being our property and wherever possible shall ensure that a visible sign to that effect is attached to the Goods.

You acknowledge that we shall not be responsible for any loss of or damage to the Goods arising out of or in connection with any negligence, misuse, mishandling of the Goods or otherwise caused by you or your officers, employees, representatives, agents and contractors or other third parties who may use the Goods whilst at one of your Events. You shall indemnify us on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by you to comply with the terms of this agreement.

Delivery of hired Goods to an Event

We shall use reasonable endeavours to deliver the Goods to your Event on the date set out in the Order (Event Date) in accordance with the Order and any other specific instructions that you give to us (Delivery). We make no guarantee in relation to any Delivery.

Subject to the following paragraph, we will only make Delivery to you or your authorised representative. You must be, or must make an authorised representative, available to sign for and take possession of the Goods from us on Delivery. If you are not, or do not make an authorised representative, available then we cannot complete Delivery of the Goods to you in accordance with the terms of this agreement. We accept no responsibility for any loss incurred by you or any third party if you do not take Delivery of the Goods.

We will deliver the Goods venues without you or your authorised representative being available or present to take delivery. A list of venues to which we will deliver without an authorised representative being available can be found here. If we agree with you that we will deliver the Goods in this way, a delivery note will be left at the venue and this will be our and your evidence that the Goods have been delivered and you will not be able to dispute that delivery has not taken place. Where possible we recommend that you or your authorised representative are in attendance at the time of delivery.

If your representative accepts delivery this shall constitute conclusive evidence that you have examined the Goods and found them to be in good condition, complete and fit in every way for the purpose for which it is intended (save as regards any latent defects not reasonably apparent on inspection). If required by us, your duly authorised representative shall sign a receipt confirming such acceptance.

You must ensure that you are/your authorised representative is available for up to one hour for Delivery in the event that we are late for Delivery due to events that are outside our control.

Where a Supplier is required to install the Goods, you or your authorised representative must be available at the venue to direct the installation of the Goods. If you or your authorised representative are not available at the time of installation then the Supplier is entitled to install the Goods as they see fit and if this is not as your require then you will be responsible for any additional costs which may be incurred in reinstalling the relevant Goods.

Your Order will be delivered to the delivery address within the United Kingdom you specify when placing your order from time to time. Requests for delivery outside the United Kingdom should be emailed to us and we will consider this on a case by case basis.

Examination of the Goods upon delivery

Whilst we endeavour to ensure that the Goods are in good order and condition at the time of delivery to or collection by you, it shall be your responsibility to ensure that the Goods are fully suitable in all respects (including type and condition) for the purpose for which it is hired. Upon delivery, the Goods shall be examined and checked by you before being taken into use.

Damage to Goods

If, upon delivery, the Goods are damaged or faulty, please contact us immediately. We will try to provide replacement Goods but cannot guarantee that we will be able to do so in the relevant time frame. Any refund or replacement of the Goods is at our sole discretion. We are not liable for any loss or damage of any kind howsoever caused arising out or in connection with the use of or the inability to use the Goods.

If you, your officers, employees, representatives, agents, contractors or any third party breaks or causes damage to the Goods while in your custody then you are liable for any costs we incur in connection with replacing or repairing the Goods.

Returning hired Goods after the Event

At the end of the period specified in the Order or after the Event is over or on earlier termination of this agreement, you must make the Goods available for collection from the premises specified in the Order by us or the Supplier at the times as notified to you from time to time. You are responsible for ensuring that all personal possessions have been removed from the Goods prior to their return and we will not be responsible for any loss or damage which might occur to any such personal possessions.

If necessary, you allow us or our representatives access to the premises where the Goods are located for the purpose of removing the Goods.

Deposit

You may be required to pay a deposit to us when you place an Order with us and prior to delivery of the Goods (Deposit). The Deposit shall be set out in the Order.

After we or our Suppliers collect the Goods from you, we shall have a period of one week within which to fully inspect the Goods. If the Goods require cleaning and/or maintenance which is the result of normal wear and tear you will receive the Deposit back in full at the end of the inspection period.

In the event that additional cleaning and / or maintenance or full replacement of the Goods is required (due to any action by you) we shall retain the Deposit in full or in part as appropriate and shall provide the reasons for such retention to you in writing, including all relevant calculations and pricing information.

Charges and payment

The charges for ExpoCart Offerings are as quoted on the Site from time to time. Charges are exclusive of VAT.

Charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

The Site contains a range of Goods and Services and it is always possible that, despite our best efforts, some of the Goods and/or Services listed on the Site may be incorrectly priced. We will normally verify charges as part of our order-checking procedures so that, where an ExpoCart Offering's correct charge is less than our stated charge, we will charge you the lower amount. If an ExpoCart Offering’s correct charge is higher than the charge stated on the Site, we will normally, at our discretion, either contact you for instructions or reject your order and notify you of such rejection.

Payment for all orders may be made by our third party payment provider Stripe or if requested by you by BACS transfer. Payments made by Stripe are subject to the Stripe terms and conditions of service which can be found here. If you request to pay via BACS transfer we will send you an invoice which is payable within [14 days of receipt or such later period as we agree.

From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the charges for the Service(s) ordered online, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Service(s) stated. Discount codes cannot be redeemed for cash.

Charges for any additional usage or optional extras (in accordance with our charging method as set out on the Site) will also be charged to your account.

You are responsible for all charges to your account. If you have questions regarding charges to your account, you should contact us (see contacting us).

Cancellations

You have the right to cancel a Contract up to 14 days before the date that the event or exhibition takes place as specified in the order (Delivery Date). If you cancel a Contract up to 14 days before the Delivery Date, you will be entitled to a full refund of the charges paid for the ExpoCart Offering in accordance with our refunds policy (see below). If you cancel between 7 and 14 days before the Delivery Date, you are entitled to a refund of 50% of the charges paid for the ExpoCart Offerings in accordance with our refunds policy. If you cancel with less than 7 days before the Delivery Date then you are not entitled to a refund.

To cancel a Contract, you must clearly inform us, preferably in writing giving us your name, address and order reference.

Our refunds policy

If you cancel a Contract and you are entitled to a refund, we will process any refund due to you as soon as possible.

If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.

Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.

Access to the Site

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.

We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.

What you are allowed to do

You may only use the Site for commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in these terms and conditions, you are not allowed to:

  • 'scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
  • remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
  • create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.

Intellectual property rights

All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Service commitment

As it is our policy to continually improve our Service offerings, we reserve the right to make changes to any Service, charges and/or to these terms and conditions from time to time, provided that we will not, unless you agree, make any changes that would significantly alter the type or level of service you receive (except if we need to do so for security, legal or regulatory reasons) and/or increase the charges you are obliged to pay. We will always give you as much notice as we reasonably can of such significant changes on the understanding that you have the option of accepting them or terminating the Service without penalty. If you do not terminate the Service before the date on which the changes come into effect (which we will notify to you), this will mean that you have accepted them.

Service suspension and termination

We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service and/or the Site (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

We may, with or without prior notice, terminate any Contract or suspend and/or terminate any Service and/or your use of your account in the event that:

  • you have breached any of these terms and conditions;
  • you fail to pay any correctly billed charges when due; or
  • you become insolvent or make composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.
If you have breached these terms and conditions, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:
  • issue of a warning to you;
  • immediate, temporary or permanent withdrawal of your right to use any Service;
  • legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
  • disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited, and we may take any other action we deem appropriate.

Upon termination of any Contract or Service or your account, for any:
  • all rights granted to you under these terms and conditions will immediately cease;
  • you must promptly discontinue all use of the relevant Service; and
  • you must pay us all outstanding amounts that you owe us.

Our liability

Nothing in these terms and conditions shall limit or exclude our liability to you:

  • for death or personal injury caused by our negligence;
  • for fraudulent misrepresentation; or
  • for any other liability that, by law, may not be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses, any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising from any Contract shall not, in respect of any 12-month period (calculated from the date of that Contract), exceed the charges payable by you for the applicable Order and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

Raising issues with us

We care about your experience and want to ensure we maintain the highest standards possible and so if you would like to make a complaint about one of our Suppliers or the ExpoCart Offering, please contact us using the email address set out in Contacting Us.

Following receipt of a complaint we will contact our Suppliers to try and resolve the issue on your behalf. If we are unable to resolve the issue following contact with our Supplier, if we consider it to be fair in all the circumstances, we may in our sole discretion, elect to:

  • give you a credit note for the disputed/complained about amount of your Order to be redeemed online against ExpoCart to reduce the purchase price of any further ExpoCart Offering; or
  • (as a last resort or in extreme circumstances and always in our sole discretion) refund the disputed/complained about amount directly to you;

Please do bear in mind that while we will take all complaints about our Supplier seriously and do what we can to help you resolve them; we are not responsible to you for the ExpoCart Offering which the Suppliers provide.

General

You may not transfer or assign any or all of your rights or obligations under any Contract.

All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.

These terms and conditions may not be varied except with our express written consent.

These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.

These terms and conditions shall be governed by English law. You agree that any dispute between you and us regarding them or the Site will only be dealt with by the English courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

Contacting us

Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general, or any complaint or concern in relation to any Service ordered by email to support@expocart.com