TERMS AND CONDITIONS | Elite Couture
In these conditions the following words have the following meanings:
“Contract” means a contract which incorporates these conditions and is made between the Customer and the Supplier for the hire of Hire Goods and/or the sale of Products and/or the Services;
“Customer” means the person, firm, company or other organisation hiring Hire Goods and/or contracting for the Services;
“Deposit” means any advance payment required by the Supplier in relation to the Hire Goods which is to be held as security by the Supplier;
“Hire Goods” means the designer handbag(s) and/or other accessories specified in a Contract which are hired to the Customer;
“Hire Period” means the period commencing when the Customer holds the Hire Goods on hire (including Saturdays, Sundays and Bank Holidays) and ending upon the happening of any of the following events: i) the physical return of the Hire Goods by the Customer into the Suppliers possession: or ii) the physical repossession or collection of Hire Goods by the Supplier subject always to a minimum period of 1 week and a maximum period of 1 month;
“Membership Package Charge” means such membership charges as the Supplier charges from time to time as set out on the website;
“Liability” means any liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
“Products” means the products sold to the Customer by the Supplier;
“Rental” means the Suppliers’ charging rate for the hire of the Hire Goods which is current from time to time during the Hire Period;
“Supplier” means Elite CG LTD (registered with registration number 8704129)
“Services” means the Services and/or work (if any) to be performed by the Supplier for the Customer in conjunction with the hire of Hire Goods including any delivery and/or collection service for the Hire Goods
2. BECOMING A MEMBER
3.1 This service is only available to persons over the age of 18 years old and are UK citizens.
3.2 The Supplier reserves the right to refuse any application for any reason.
3.3 The Supplier is a UK based company that only delivers Hired Goods within the UK and Northern Ireland.
4. PAYMENT OF SUBSCRIPTION CHARGES
The Customer must pay the appropriate Membership Package Charge by credit or debit charge and provide the Supplier with the necessary details. The Membership Package Charge shall be a charge (monthly, 6 months, 12 months in advance where appropriate) directly to the Customer’s credit or debit card. The first payment of the Membership Package Charge shall be made after the Customer has successfully registered with the Supplier via this website and thereafter, the Membership Package Charge is an ongoing charge, and will continue to be charged on a monthly, 6 months, 12 months basis on the same date of each month unless and until the Customer cancels membership in accordance with these Terms and Conditions. The Supplier will not provide refunds for cancellations.
The Supplier will inform the Customer of any charges to the Membership Package Charge not less than 30 days in advance of any such charges. If the Customer does not agree to such changes, the Customer will be entitled to cancel its membership in accordance with the cancellation provisions set out below. If the Customer does not cancel its membership, it shall be deemed to have accepted the new charges, and these charges will be charged to the Customer’s credit or debit charges.
The Customer confirms that the payment card that is being used is the Customer’s and that there are sufficient funds or credit facilities to cover the Membership Package Charge. The Customer also confirms that the expiry date of its payment card allows for the Membership Package Charge to be charged to your credit or debit card – failure to do so may mean that the Supplier will be unable to fulfil any orders and the Customer’s account may be suspended or terminated.
5. VALIDATION CHECKS
All credit or debit card holders are subject to validation checks and authorisation by the card issuer.
The Customer will provide TWO of the following documents on request:-
(i) Valid UK passport
(ii) Mortgage agreement or Tenancy agreement issued to the current address
AND ONE of the following documents:-
(i) Valid UK driver’s licence
(ii) Utility bill (gas, electric, telephone, water) issued to the current address within the last three months
(iii) Bank or building society statement issued to the current address, less than three months old
(iv) A credit card statement sent to your current address within the last three months
(v) Council Tax statement issued in the last 12 months.
(vi) A payslip, with the employer’s name or logo that is less than three months old
We strongly advise the customer to hold valid home contents insurance and to notify your insurers before hiring a bag.
The Supplier reserves the right to require further proof of identification and age before accepting any orders and/or approving the Customer’s membership.
In addition to the above, the Customer consents to the Supplier carrying out a credit search and obtaining a credit report with Experian on the Customer. These validation checks may take up to three business days.
If the issuer of the Customer’s payment card refuses to authorise payment to the Supplier or the Customer fails to provide adequate proof of identity to the Supplier’s satisfaction or any credit search is not to the complete satisfaction of the Supplier, the Supplier will not be liable for any delay or non-acceptance of orders, refusal of the Customer’s membership or any delay or non-acceptance of change requested by the Customer.
6. HIRE GOODS
6.1 Hire Goods are hired subject to them being available for hire to the Customer at the time required by the Customer.
6.2 Where hire of the Hire Goods is to a Customer who is an individual and the hire would be covered by the Consumer Credit Act 1974 the duration of the hire shall not exceed 1 month. Accordingly the hire of any Goods is not covered by the Consumer Credit Act 1974.
6.3 Nothing in the Contract shall exclude or limit any statutory rights of the Customer acting as a consumer within the meaning of s12 of the Unfair Contract Terms Act 1977. Any provision which would be void under any consumer protection legislation or other such legislation in force from time to time shall, to that extent have no force or effect.
6.4 If any of these terms are inconsistent with any term of the Contract, the Contract shall prevail.
6.5 The Supplier has the right to revise and amend these terms and conditions from time to time, at its absolute discretion, in order to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirement and changes in our system’s capabilities. The Customer will be subject to the policies and terms in force at the time that you hire the Hire Goods from the Supplier.
6.6 The feature of a specific Hire Good on the website does not guarantee its availability. The Supplier will follow fair and pre-determined criteria based on Customer usage and period of time as a subscriber. The Supplier may review its allocation criteria from time to time to ensure the greatest possible level of fairness at all times.
7.1 The amount of any Deposit, Rental and/or charges for any Services shall be as quoted to the Customer or otherwise as shown in the Supplier’s current price list from time to time. Where a Deposit is required for the Hire Goods, it must be paid in advance of the Customer hiring the Hire Goods. The Supplier may also require an initial payment on account of the Rental in advance of the Customer hiring the Hire Goods.
7.2 The Customer shall pay the Rental, charges for any Service, monies for any Products and/or any other sums payable under the Contract to the Supplier at the time and in the manner agreed. The Supplier’s prices are exclusive of any applicable VAT for which the Customer shall additionally be liable. The Supplier is not entitled to refund any monies to the Customer should the Supplier receive notice to cancel.
7.3 The time for any payments by the Customer under a Contract shall be of the essence. Payment shall not be deemed to be made until Supplier has received either cash or cleared funds in respect of the full amount outstanding.
7.4 If the Customer fails to return the bag on the due date the Supplier may charge the Customer a late payment fee of £35.00 per day, and charge another hire period of 1 month until full payment has been made and the bag returned.
7.5 The Customer shall pay all sums due to the Supplier under the Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.
7.6 The Supplier may set a reasonable credit limit for the Customer. The Supplier reserves the right to terminate or suspend the Contract for the hire of the Hire Goods and/or the provision of Services if allowing it to continue would result in the Customer exceeding its credit limit or the credit limit is already exceeded.
7.7 Before it hires any of the Hire Goods, the Supplier may insist that all credit or debit card holders consent to a deposit payment so that in the event that the Hire Goods are lost, damaged or stolen, the Supplier can charge the Customer’s credit or debit card immediately to recover any fees or payments due under the terms of the Contract and/or these terms and conditions. The customers deposit will also be forfeited.
8. RISK TITLE AND INSURANCE
8.1 Risk in the Hire Goods and any Products will pass immediately to the Customer when they leave the physical possession or the control of the Supplier.
8.2 Risk in the Hire Goods will not pass back to the Supplier from the Customer until the Hire Goods are back in the physical possession of the Supplier. This shall apply even if the Supplier has agreed to cease charging the Rental.
8.3 Title in the Hire Goods remains at all times with the Supplier. The Customer has no right, title or interest in the Hire Goods except that they are hired to the Customer.
8.4 Title in any Products remains with the Supplier until all monies payable to the Supplier by the Customer for the Products have been paid in full.
8.5 The Customer must not deal with the title or any interest in the Hire Goods. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, exerting a lien and/or lending.
8.6 The Supplier may require the Customer to insure the Hire Goods on such reasonable terms and for such reasonable risks as the Supplier may specify. The proceeds of any such insurance shall be held by the Customer in trust for the Supplier and be paid to the Supplier on demand. The Customer must not compromise any claim in respect of the Hire Goods and/or any associated insurance without the Supplier’s written consent.
8.9 In any event, the Supplier strongly recommends that the Customer insures the Hire Goods to the full cost of replacement of the Hire Goods. If the Supplier has an existing household insurance policy that will cover any loss or damage to the Hire Goods, the Customer should ensure that their insurance provider is notified before the Hire Goods are hired.
9. DELIVERY, COLLECTION AND SERVICES
9.1 The Supplier shall arrange delivery of the Hire Goods requested to the delivery address that the Customer supplies, provided that this is a valid address within the UK. The Customer aims to deliver any requested and available Hire Goods to you as quickly as possible. Most Hire Goods will be couriered to the Customer within 2 business days of receiving a valid request from the Customer. However, any times and dates stated on the website for delivery are estimates and although the Supplier will make all reasonable efforts to deliver the Hire Goods within the time specified, the Supplier cannot guarantee that such times will be met. The Supplier does not accept responsibility for failure to deliver within that time or at all if it is for a reason outside the Supplier’s control.
Hire Goods will be delivered to the Customer separately or grouped together to meet the Customer’s order.
When returning the Hire Goods to the Supplier, the Customer may ring UPS (the Supplier’s courier service) directly to arrange the return of the Hire Goods by quoting the Supplier’s account details or the Customer may ring the Supplier directly who will arrange for the Hire Goods to be collected from the Customer’s address.
Hired Goods will be sent and at the Customer’s own risk and the Customer will be liable for the Hired Goods until confirmation of receipt by the Supplier.
9.2 Where the Supplier provides Services the persons performing the Services are servants of the Customer and are under the direction and control of the Customer. The Customer shall be solely responsible for any instruction, guidance and/or advice given by the Customer to any such person and for any damage which occurs as a result of such persons following the Customer’s instructions, guidance and/or advice.
9.3 If any Services are delayed and/or are cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay the Supplier’s additional standard charges from time to time for such delay, postponement and/or cancellation.
9.4 If the Hire Goods delivered are not what the Customer requested, do not correspond with its description, or it not of satisfactory quality, the Customer shall return the Hire Goods to the Supplier without delay.
9.5 If the Hire Goods have been damaged in transit, the Customer must call the Supplier within 12 hours of delivery of the Hire Goods to the Customer. If the Customer fails to notify the Supplier of any damage within 12 hours of delivery then the Hire Goods shall be deemed to have being delivered in good condition. The Supplier will ensure the goods are sent to the Customer in near new condition (clean with no obvious tears, scratches or extreme wear).
9.6 When returning the Hire Goods the Customer shall package the Hire Goods in the packaging and return bag supplied by the Supplier and shall use all reasonable endeavours to ensure that the Hire Goods have been properly and adequately packaged.
9.7 In the event that the Hire Goods are returned after the agreed period of hire then the Supplier will charge a late return fee of £35 per day for the first 3 working days until such time as the Hire Goods are received by the Supplier. After the expiry of 3 working days, the Supplier will refer the matter to its collections team and the Customer will become liable for all costs incurred in enforcing the provisions of the Contract and these Terms and Conditions.
9.8 In the event that the Hire Goods have not been returned for 7 days following end of the agreed hire period
9.8.1 forfeit the Deposit in full; and/or
9.8.2 charge late fees of £35 per day and a 1 month hire period charge (2 weeks x 2) until such time as the Hire Goods are received by the Supplier; and/or
9.8.3 charge the full replacement cost on a new for old basis of the Hire Goods; and/or
9.8.4 charge any credit or debit card of the Customer for the full amount of any fees or payments due under the terms of the Contract and/or these terms and conditions.
10. CARE OF HIRE GOODS
10.1 The Customer shall;
10.1.1 take reasonable care of Hire Goods and only use them for their proper purpose in a safe and correct manner and notify the Supplier immediately after any loss and/or damage to the Hire Goods;
10.1.2 take adequate and proper measures to protect the Hire Goods from theft, damage and/or other risks;
10.1.3 notify the Supplier of any change of its address and upon the Supplier’s request, provide details of the location of the Hire Goods and permit the Supplier at all reasonable times to inspect the Hire Goods including procuring access to any property where the Hire Goods are situated.
10.1.4 keep the Hire Goods at all times in its possession and control and not to remove the Hire Goods from the United Kingdom without the prior written consent of the Supplier;
10.1.5 not do or omit to do anything which will or may be deemed to invalidate any policy of insurance related to the Hire Goods;
10.1.6 not continue to use Hire Goods where they have been damaged and will notify the Supplier immediately if the Hire Goods are involved in an accident resulting in damage to the Hire Goods, other property and/or injury to any person; and
10.2 The Hire Goods must be returned by the Customer in good and clean condition (fair wear excepted) together with all insurance policies, licences, registration and other documents relating to the Hire Goods.
10.3 The Customer must not repair or attempt to repair the Hire Goods unless authorised to do so in writing by the Supplier.
10.4 The Customer is advised to follow the care guide the Supplier provides with every hire.
11. LOSS OR DAMAGE TO THE HIRE GOODS
11.1 If the Hire Goods are returned in a damaged, unclean and/or defective state except where due to fair wear the Customer shall be liable to pay the Supplier for the cost of any repair and/ or cleaning required to return the Hire Goods to a condition fit for re-hire and the Rental until such repairs and/or cleaning have been completed. This will also include the costs incurred in sending the Hire Goods to the manufacturers for any further repairs.
11.2 The Customer will pay to the Supplier the replacement cost on a new for old basis of Hire Goods which are lost, stolen and/or damaged beyond economic repair during the Hire Period.
11.3 The Customer shall also pay to the Supplier the Rental until the Supplier has been paid the amount representing the replacement cost of such Hire Goods.
11.4 The Deposit is held against the Hire Goods and, without prejudice to any other enforcement action that the Supplier may take, will be processed in the event that the Hire Goods are not returned (which will be assumed if the Hire Goods have not been returned within 7 days of the end of the agreed period of hire or in the event that damage occurs to the Hire Goods
11.5 If the Supplier has obtained a deposit of the Customer’s credit or debit card and the Hire Goods have been lost or damaged or stolen then the Supplier shall be entitled to recover any fees or payments under the terms of the Contract and/or these terms and conditions immediately by processing the Customer’s credit or debit card.
12. TERMINATION BY NOTICE
12.1 If the agreed period of hire has a fixed duration neither the Customer nor the Supplier shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed with the other party.
12.2 If the agreed period of hire does not have a fixed duration either the Customer or the Supplier is entitled to terminate the Contract upon giving to the other party any agreed period of notice.
12.3 If no period of notice has been agreed or specified the Customer may terminate the Hire Period by the physical return of the Hire Goods and the Supplier shall be entitled to terminate the Hire of the Hire Goods by giving not less than 7 days notice to the Customer.
13. TERMINATION OF MEMBERSHIP
13.1 The Supplier reserves the right to cancel or suspend the Customer’s membership for any reason. The Supplier has no obligation to refund any monies paid under these Terms and Conditions.
13.2 The Customer may inform the Supplier that it wishes to terminate its membership at any time. The Customer’s cancellation is effective once the Customer has returned all Hire Goods in its possession to the Supplier in accordance with these Terms and Conditions or, if the Customer cannot return the Hire Goods in accordance with these Terms, once the replacement cost of such Hire Goods has been paid.
14.1 If the Customer:-
14.1.1 fails to make any payment to the Supplier when due;
14.1.2 breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 7 days of receiving notice requiring the breach to be remedied;
14.1.3 persistently breaches the terms of the Contract;
14.1.4 provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
14.1.5 pledges, charges or creates any form of security over any Hire Goods, or ceases or threatens to cease to carry on business, or proposes to compound with its creditors, applies for an interim moratorium in respect of claims and/or proceedings or has a Bankruptcy Petition presented against it, or being a company, enters into voluntary or compulsory liquidation, has a receiver, administrative receiver appointed over all or any of its assets, any attachment order is made against the Customer or any distress, execution or other legal process is levied on any property of the Customer or the Customer takes or suffers any similar action in any jurisdiction;
14.1.6 appears to the Supplier due to the Customer’s credit rating to be financially inadequate to meet its obligations under the Contract; and/or
14.1.7 appears responsibly to the Supplier to be about to suffer any of the above events then the Supplier shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 14.2 below.
14.2 If any of the events set out in clause 14.1 above occurs in relation to the Customer then:-
14.2.1 the Supplier may forfeit the Deposit
14.2.2 the Supplier may enter, without prior notice any premises of the Customer (or premises of third parties with their consent) where Hire Goods owned by the Supplier may be and repossess any Hire Goods;
14.2.3 the Supplier may withhold the performance of any Service and cease any Service in progress;
14.2.4 the Supplier may cancel, terminate and/or suspend without liability to the Customer the Contract and/or any other contract with the Customer; and/or
14.2.5 all monies owed by the Customer to the Supplier shall immediately become due and payable.
14.3 Any repossession of the Hire Goods shall not affect the Supplier’s right to recover from the Customer any monies due under the Contract and/or any damages in respect of any antecedent breach.
14.4 Upon termination of a contract the Customer shall immediately:
14.4.1 return the Hire Goods to Supplier or make the Hire Goods available for collection by the Supplier as requested by the Supplier; and
14.4.2 pay to the Supplier all arrears for Rentals, Charges for any Services, monies for any Products and/or any other sums payable under the Contract.
14.5 The Customer acknowledges that the Supplier may engage a debt recovery agency in order to recover any unpaid amounts due in accordance with these Terms and Conditions, including any costs and expenses incurred as a result of taking such action and the Customer agrees that the Supplier can pass its details on to such an agency for this purpose.
15. LIMITATIONS OF LIABILITY
16.1 Unless the Customer deals as a consumer within the meaning of s12 of the Unfair Contract Terms Act 1977:
16.1.1 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.
16.1.2 All warranties, representations, terms, conditions and duties implied by law in relation provision of Services and to the use of reasonable care and skill, reasonable time for performance and reasonable consideration shall be excluded from this Contract.
16.2 If the Supplier is found to be liable in respect of any loss or damage to the Customer’s property the extent of the Supplier’s Liability will be limited to the retail cost of the replacement of the damaged property.
16.3 Any defective Hire Goods must be returned to the Supplier for inspection if requested by the Supplier before the Supplier will have any Liability for defective Hire Goods.
16.4 The Supplier shall have no Liability to the Customer if any monies due in respect of the Hire Goods and/or the Service have not been paid in full by the due date for payments.
16.5 The Supplier shall have no Liability for additional damage, loss, claims, costs or expenses caused or contributed to by the Customer’s continued use of defective Hire Goods and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.
16.6 The Customer shall give the Supplier a reasonable opportunity to remedy any matter for which the Supplier is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so the Supplier shall have no liability to the Customer.
16.7 The Supplier shall have no liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against the Supplier.
16.8 The Supplier shall have no liability to the Customer for any:-
16.8.1 consequential losses (including loss of profits and/or damage to goodwill);
16.8.2 economic and/or other similar losses;
16.8.3 special damages and indirect losses; and/or
16.8.4 business interruption, loss of business, contracts and/or business opportunity.
16.9 The Supplier’s total Liability to the Customer under and/or arising in relation to any Contract shall not exceed 5 times the amount of the Rental and charges for Services (if any) under that Contract or the sum of £200 whichever is the higher.
16.10 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:
16.10.1 Liability for breach of contract;
16.10.2 Liability in tort (including negligence); and/or
16.10.3 Liability for breach of statutory duty; except clause 11.9 above which shall apply once only in respect of all the said types of Liability.
16.11 Nothing in this Contract shall exclude or limit the Liability of the Supplier for death or personal injury due to its negligence or any other Liability which it is not permitted to exclude or limit as a matter of law.
17.1 Each hire of an item of Hire Goods shall form a distinct Contract which shall be separate to any other Contract relating to other Hire Goods.
17.2 The Customer shall be liable for the acts and/or omissions of its employees, agents, servants and/or subcontractors as though they were its own acts and/or omissions under this contract.
17.3 The Customer agrees to indemnify and keep indemnified the Supplier against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by the Supplier and arising from or due to any breach of contract, any tortuous act and/or omission and/or any breach of statutory duty by the Customer.
17.4 No waiver by the Supplier of any breach of the Contract shall be considered as a waiver for any subsequent breach of the same provision or any other provision. If any provision is held by any competent authority to be unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
17.5 The Supplier shall have no Liability to the Customer for any delay and/or non performance of a Contract to the extent that such delay is due to any events outside the Suppliers reasonable control including but not limited to acts of god, war, flood, fire, labour/disputes, strikes, subcontractors, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. If the Supplier is affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
17.6 The Customer may not transfer any rights or obligation under any Contract or these terms to another person without our prior written consent. The Supplier can transfer all or any of its rights and obligations under these terms and condition to another organisation, provided that this will not materially affect the Customer’s rights.
17.7 All third party rights are excluded and no third parties shall have any rights to enforce the Contract. This Contract is governed by and interpreted in accordance with English law and the parties agree to submit to exclusive jurisdiction of the English courts. ELITE CG LTD, Registered in England.
18. DATA PROTECTION
18.1 In order to maintain and manage credit accounts the Supplier will undertake searches of credit reference agencies and other organisations who may also keep a record of that search. These enquiries may concern the directors and principals of a Limited Company.
18.2 The Supplier will monitor and record information relating to the Customer’s trade performance and such information may be shared with other organisations such as collection agents and lawyers to enable recovery of sums due to the Supplier and any others who may use the information when managing credit accounts or assessing further credit applications by the Customer.
LAST UPDATE: September 2014
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