BLUR PRODUCTIONS / Lukasz Niedbalski TERMS AND CONDITIONS
About these terms and conditions (“Terms”)
Please read these Terms carefully before you start to use the Site.
If you do not agree to these Terms, please refrain from using our Site.
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
BLUR Productions / Lukasz Niedbalski is a sole trader company incorporated in Scotland. Our registered office is at Studio 109, unit 3, 78 Albion Road, EH7 5QZ, Edinburgh.
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 to be completed and returned by email 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. This does not mean the booking has been accepted. We will send you a confirmation email with our contact details, details of the Product you have hired (and any additional add-ons) for the requested event date (“Date”), the final full cost and an invoice for the deposit.
A contract between us will only be formed once we confirm receipt of your deposit for hire of the Product or Service on the Date (“Booking”).
If a Product or Service 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 and Services are clearly stated on our Site or in pounds sterling. As a sole trader company we're not VAT registered. 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.
A minimum 20% deposit is required to confirm a Booking, or if the Date is 2 years or more from the date the Booking is made a 10% deposit is required. As soon as the deposit is paid to us, we will reserve your Date. A confirmation email will be sent upon full payment of the deposit. The Product for hire will only be reserved once the deposit has been received from you.
The full balance of the Booking must be paid 21days prior to the Date along with any extra costs that have been agreed. We will send an email confirming the Date and venue location along with the invoice for the full balance of the Booking. It is your responsibility to ensure these details are correct. If you think any of the details are incorrect in this final confirmation email you must inform us as soon as possible.
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 unmistakeable and could have reasonably been recognised 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.
If you want to cancel a confirmed Booking, you must do so in writing. The cancellation charges you must pay shall be determined by reference to the table below and you must pay the charges within 20 working days of our invoice.
Length of time before the Date / Cancellation charge
More than 6 months – 50% of Total Package Price
Less than 4 months – 75% of Total Package Price
Less than 2 month – 100% of Total Package Price
The date of your event can be changed for £50 as long as we have been notified a minimum of 3 months from your Date and as long as the new date requested is available.
We reserve the right to cancel your Booking without liability to you and without any obligation to refund your deposit if:
you do not pay us the balance of your Booking by the date due for such payment;
we have reasonable grounds to believe that you may not pay us the balance of your Booking by the due date and we have requested you to explain the position and you have not done so satisfactorily;
we discover, before you have paid the balance of your Booking, 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 charges set out in the table above 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.
Venue Access and Location
We must be provided with the full correct address for the venue for the Event and it is your responsibility to ensure this. There must be suitable parking facilities at this venue for the duration of the Event for reasonable access for both loading and unloading of the Booths and related equipment which we use in providing the Services (together the “Equipment”).
We will require at least 2 hours prior to the start of the event to set up the Equipment (unless we have agreed to provide earlier setup) and it is your responsibility to ensure that the Venue gives us sufficient time. We will ask you about any particularly demanding aspects of the Venue that might affect the Equipment prior to issuing the Services Confirmation. We will not be liable, and no refund or part refund shall be due, where we are unable to set up a Booth for the agreed Event start time due to set-up challenges at the Venue which we were not advised about in advance.
It is your responsibility to ensure that the Venue will accept the installation and use of the Booth(s) and that there will be sufficient space at the Venue to permit safe use, including being close to an electrical socket of 220-240v fitted with a 13 amp trip, and able to cope with a Booth drawing 600 watts. Similarly it is your responsibility to ensure that the Venue has a suitable internet connection with an upload speed of Mb. We shall have no liability to you or to any third party attending the Event where we are unable to provide all or any of the Services due to your failure to comply with these requirements.
Any specific criteria or information required by the Venue (e.g. having sight of PAT certificates) must be notified to us in writing at least 30 days before the Event.
All our Equipment is PAT tested and approved. We also carry public liability insurance for £10m and we can provide copies of our PAT and insurance certificates if required by the Venue subject to advance notice as explained in the previous paragraph.
The Equipment must not be moved once we have set it up at the Venue.
We shall have no liability to you, and no refund or partial refund will be due, where we are denied access to a Venue.
In the unlikely event of any technical malfunction with a Booth at an Event we will issue a pro-rata refund for the period of the Event for which the Booth was not usable.
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 1.5 hours prior to the specified start time of hire or this can be arranged as a bespoke hire. If you require us to set up earlier than this then you must notify us at least 7 days before the Date.
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 will endeavour 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.
Emails, Facebook and other social media options require an internet connection and an upload speed of 2MB/s 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 2MB/s. Facebook, Instagram or Twitter are sometimes affected by technical issues, updates and service disruptions, which cannot be predicted. Therefore we cannot be held responsible, if Facebook, Instagram and Twitter experiences technical difficulties as this beyond our control.
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 from our public online web gallery if requested to do so.
You will be asked on the booking form if you would like access to photos taken at your event password protected via our Site. Where you choose this option and you are supplied with a password, we exclude all liability with respect to your use or a third party’s use of any password we provide to you. Where you choose not to have access to photos taken at your event password protected via our Site, we exclude all liability with respect to your use or a third party’s use of any images from our public online gallery. 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 included 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 supply the Products for private, commercial and business use. 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 Scotland. If either party requires to raise court proceedings against us in relation to any such dispute then these proceedings must be raised in Scotland.