1. You and us
In this agreement "you" are the customer and "we" are Kids Stuff Rentals.
2. The contract between us
2.1 We agree to hire out the equipment to you subject to availability and as specified in a confirmatory email or letter that we shall send to you upon receipt of your order (which we refer to in paragraph 2.3 below).
2.2 You shall make payment by credit card or debit card, although we reserve the right to allow payment by other means at our discretion.
2.3 Before your order can be accepted, we must receive from your bank or credit card company an authorisation of payment for:
? The whole of the price for the equipment hire that you order (including any delivery charges)
? Any deposit that is payable.
Once your credit or debit card has been authorised (or if we have accepted another means of payment) we shall confirm that your order has been accepted by sending you an email at the email address you have provided in your order form (or by sending you an email/letter if your order is made by telephone). Our acceptance of your order brings into existence a legally binding contract between us. We shall then process the payment from your debit card or credit card account once we have delivered the equipment to you and you have signed a confirmation of receipt. We reserve the right to terminate our contract with you if we are refused authorisation for payment at any stage.
3. Price, deposit & delivery charge
3.1 The price payable for the equipment that you order is as set out in our website.
3.2 In addition we may require you to pay a refundable deposit of an amount as set out in our website (see also clause 7 below).
3.3 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website (see also clause 6 below).
3.4 Unless otherwise stated, all prices stated in the website are inclusive of any VAT payable.
4. Right for you to cancel or amend your contract
4.1 You may cancel your contract with us free of charge at any time up to twenty-four hours before the start of the hire period. You may cancel your contract with us after this time and prior to delivery, although we reserve the right to charge a cancellation fee of up to 50% of the price payable.
4.2 Please note that unless we agree otherwise you will not be entitled to cancel your contract with us once the hire period has begun with your agreement.
4.3 You may amend your contract with us free of charge at any time up to twenty-four hours before the start of the hire period. You may amend your contract with us after this time, though we do reserve the right to charge an amendment fee of up to 50% of the price payable.
4.4 To cancel your contract with us in accordance with these terms and conditions you must notify us in writing. Such notification may be given by fax, letter or email at this address (contact details). Such notification will only be valid once it has been received and read by us.
4.5 To amend your contract with us you must notify us in writing as described in clause 4.4 above, or by telephone. Any amendments to your contract with us must be agreed by us in writing.
5. Cancellation by us
5.1 We reserve the right to cancel the contract between us at any time before delivery if:
5.1.1 we have insufficient stock to deliver the equipment you have ordered;
5.1.2 we do not deliver to your area (see clause 6.4); or
5.1.3 one or more of the items of equipment you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
5.2 Once you have been notified by us that we are cancelling your contract in accordance with the above terms and conditions, any sum debited to us on your credit or debit card will be re-credited to your account as soon as possible and in any event within 30 days of the cancellation of the contract between us.
6. Delivery of equipment to you
6.1 We shall deliver the equipment to the address you specify in your order.
6.2 We shall make delivery at a mutually convenient time on or before the date the hire period starts. You are responsible for ensuring that an appropriate person is available at the delivery address to receive the goods. If no one is at the address when the delivery is attempted we shall retain the equipment. We shall leave notification of delivery and will telephone you to attempt to rearrange the delivery but in such instances we reserve the right to deliver late and to charge you for our additional delivery costs.
6.3 We shall collect the equipment at the end of the hire period at a mutually convenient time.
6.4 We aim to deliver to all addresses within the M25. However we reserve the right not to deliver outside this area and to charge additional delivery costs if we do decide to deliver outside this area.
7. Return of deposit
7.1 Provided the equipment is returned to us on the last date of hire in the same condition as you received it (with allowance for fair wear and tear) we shall refund to you the full deposit amount you have paid. If the equipment is returned to us late and this is your fault, we shall be entitled to retain the deposit and we also reserve the right to charge additional amounts that we consider reasonable until the time you return the equipment to us.
7.2 If the equipment is not returned in the condition in which you received it, for whatever reason, we reserve the right to retain the deposit. If the deposit amount does not cover all of the costs incurred by us in repairing or replacing the equipment then we reserve the right to require you to pay us an additional amount to meet the costs of repair/replacement.
8. Your responsibilities
8.1 You shall have the following responsibilities:
8.1.1 to check the equipment upon delivery to ensure that it is not damaged, it is in good working order and it is fit for the purpose for which you intend to use it. If this is not the case you must notify us immediately and we shall endeavour to replace the equipment within 24 hours;
8.1.2 to carefully read the instructions that we shall supply with the equipment prior to its use and to follow the instructions at all times whilst using the equipment;
8.1.3 to take care of and ensure the safekeeping of the equipment;
8.1.4 to use the equipment in a safe and sensible manner and in accordance with both the purpose for which it was supplied and the manufacturers instructions.
9. Liability
9.1 If the equipment we deliver is not what you ordered or is damaged or defective we shall have no liability to you unless you notify us in writing at the following email address or fax number (contact details) immediately upon the delivery of the equipment in question.
9.2 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problems you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the equipment in question.
9.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under application local law or other statutory rights that may not be excluded nor in ant way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
10. Events beyond our control
We shall have no liability to you for any failure to deliver equipment you have ordered or any delay in doing so or for any damage or defect to equipment delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire explosion or accident.
11. Property
All equipment supplied to you shall at all times remain the property of Kids Stuff Rentals.
12. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy .
13. General
13.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13.2 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
13.3 These terms and conditions, together with our current website prices, delivery details, contract details and privacy policy, set out the whole of our agreement relating to the supply of the equipment to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of ant good offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
13.4 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
