Terms & Conditions
CONDITIONS OF HIRE
Thank you for choosing to Hire your Garment from The Closet (Liverpool) Limited (the "
Closet"). These terms and conditions (the "
Conditions") apply to the hire of any Garment from the Closet and by signing where indicated below you agree to accept these Conditions and be bound by them. The management of the Closet reserves all rights to vary, alter, amend or modify these Conditions at any time.
1.
Definitions
In this Agreement the following words shall have the following meanings unless the context otherwise requires:
| "Agreement" |
means the legally binding agreement to be entered into between (1) the Closet and (2) the Customer which is constituted by these Conditions together with the Receipt ; |
| |
|
| “Boutique” |
means the premises of the Closet which is situated at The Closet, Unit 1a, The Colonnades, Albert Dock, Liverpool L3 4AA ; |
| |
|
| "Commencement Date" |
means the date agreed between the Closet and the Customer for the collection by the Customer of the Garment from the Boutique or for the delivery of the Garment to the agreed address; |
| |
|
| "Customer” |
means the individual who enters into the Agreement with the Closet to Hire any Garment; |
| |
|
| “Garment” |
means any item (including, but not limited to dress, coat or accessory) Hired by the Customer from the Closet pursuant to the Agreement; |
| |
|
| “Hire” |
means the hire service provision starting on the Commencement Date and ending on the Return Date, including collection from the Boutique or delivery to an agreed address and "Hired" shall be construed accordingly; |
| |
|
| “Receipt” |
means the receipt which is issued to the Customer with the Garment at the time payment is processed which details the Commencement Date, the Return Date and all other necessary Customer information; and |
| |
|
| “Return Date” |
means the date agreed between the Closet and the Customer for the return by the Customer of the Garment to the Boutique. |
2. Order
The Customer may place an order in person at the Boutique, by telephone or through the website (www.theclosetliverpool.com). An order is confirmed once full payment has been received by the Closet and by placing an order the Customer agrees to accept these Conditions. When an order is made the Closet and the Customer will agree the Collection Date and the Return Date. Any requests by the Customer to change any of these details or arrangements after an order has been processed may be subject to a surcharge pursuant to clause 6 (Surcharges).
3. Hire Period
A Garment may be collected from the Boutique or will be delivered to the Customer, on the agreed Commencement Date and is Hired to the Customer on the understanding that it will be collected by the Closet or delivered by the Customer to the Boutique, free from damage, on the agreed Return Date.
4.
Payment and Security Deposit
| 4.1 |
Payment will be taken by the Closet at the time of ordering and full payment must be made before any Garment can be collected from the Boutique or delivered to the Customer. Payment can be made credit or debit card. Credit card charges may apply |
| |
|
| 4.2 |
A security deposit of £300 is always required for any Garment ordered. The security deposit is payable by credit card or debit card. The Customer may not collect any Garment and the Closet will not deliver any Garment until the security deposit has been received. The security deposit is held against the Garment Hired, for a maximum of ten days, and the payment will only be processed in the event that the Garment is not returned within 3 days of the Return Date |
5. Loss and Damage
| 5.1 |
The Customer is responsible for and will indemnify the Closet against any loss or damage to the Garment whilst in the possession of the Customer. In the event that the Garment is not returned at all or is lost, the Closet will pursue the recovery and return of the Garment or any monies outstanding to the original selling price of the Garment in question. |
| |
|
| 5.2 |
The Closet will check returned Garments for any damage, adjustment or alteration of the Garment or a part of it. If damage has occurred the Closet will promptly inform the Customer and if the Garment is repairable the Customer will be charged for the repairs. If the garment is not repairable in the reasonable opinion of the Closet, then the Closet reserves the right to process the security deposit or part of it. |
| |
|
| 5.3 |
Any adjustments or alterations to the Garment must be temporary adjustments or alterations. Any adjustments or alterations must be removed completely prior to return of the Garment. If the garment is returned still adjusted or altered then the Customer will be charged for their removal. |
6. Surcharges
| 6.1 |
Further deliveries (resulting from, but not limited to, failed attempts to deliver any Garment on the Commencement Date or the Return Date, or where subsequent delivery is required for replacement or exchange) will be charged at an additional £15 for each attempt. |
| |
|
| 6.2 |
Any Garment which is not returned by the Customer on the Return Date due to the fault of the Customer will be subject to a fee equal to the full daily Hire cost per Garment per day, for the first three days, thereafter the security deposit will be processed. If the Garment is still not returned the Closet will pursue the recovery and return of the Garment or any monies outstanding to the value of the original selling price of the Garment in question. |
| |
|
| 6.3 |
A £10.00 surcharge is payable by the Customer in the event that the Agreement is varied in any way (including, but not limited to the address for delivery or the Commencement Date) prior to the Commencement Date. |
7. Cancellations
| 7.1 |
The cancellation of any order made more than 24 hours in advance of the Commencement Date will be subject to a cancellation fee equal to half of the daily Hire fee of the Garment or Garments Hired. |
| |
|
| 7.2 |
The cancellation of any order made within 24 hours of the Commencement Date will be subject to a cancellation fee equal to the full daily Hire fee of the Garment or Garments Hired. |
8. Delivery and Returns
| 8.1 |
8.1 The Closet will make every attempt to provide advice in relation to the size, fit and style of any Garment however each Garment provided for Hire is a unique item available in one size only and is provided as worn by a celebrity. The Closet strongly recommends that the Customer visits the Boutique for a fitting prior to ordering. If this is not possible and the Customer places an order through the website or by telephone then payment will be taken in advance. Once payment has been authorised and arrangements have been made for the delivery of the Garment this payment will not be refundable, subject to the cancellation policy detailed further below. |
| |
|
| 8.2 |
The Closet will arrange for the delivery of the Garment via next day delivery (Royal Mail) to the address agreed at the time of order. |
| |
|
| 8.3 |
Delivery to the Customer of all orders will be made on weekdays, excluding Bank Holidays, to an agreed single address. Same day delivery can be arranged for an additional fee if orders are placed before 11.00 am on a weekday. |
| |
|
| 8.4 |
Delivery will be charged at a single fee of £9.95. Further delivery attempts may be subject to further charge pursuant to clause 6 (Surcharges). |
| |
|
| |
Where the Customer is not able to collect any Garment from the Boutique and requires the Garment to be delivered by the Closet, the Closet requests that all Customers take the following action : |
| |
|
| 8.5 |
(a) Check all orders carefully as soon as the Garment is delivered and ensure that the order is correct and that the Garment is in good condition;
(b) To ensure that the Garment fits correctly, the Closet requests that the Customer tries on the Garment at the earliest opportunity; and
(c) Please contact the Closet by phone on 0151 7089489 immediately if there is a problem with the order or the Garment.
|
| |
|
| 8.6 |
The Customer must ensure that the garment is returned to the Closet in accordance with these Conditions, unless otherwise agreed. |
| |
|
| 8.7 |
All Garments must be returned either by the Customer in person to the Boutique or in the pre-paid protective packaging supplied by the Closet with the Garment. If any other postal or courier service is used and the Garment is lost then the Closet reserves the right to process the security deposit. |
9. Limitation of Liability
| 9.1 |
The Closet will use its reasonable endeavours to rectify any errors found upon checking the Garment at the time of delivery and, where possible, to provide necessary replacement and delivery of a Garment within a reasonable timeframe however the Closet will not be liable for any loss suffered by a Customer which could have been avoided by complying with clause 8 above, nor will the Closet be liable for any loss of profit or any indirect or consequential loss suffered. |
| |
|
| 9.2 |
The Liability of the Closet in any event is limited to the value of the Agreement between the Customer and the Closet (the cost of Hire paid by the Customer). |
10. Entire Agreement
| 10.0 |
This Agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter. |
| |
|
| 10.2 |
Each party acknowledges that, in entering into this Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement. |
| |
|
| 10.3 |
Nothing in this clause shall limit or exclude any liability for fraud. |
11.
Governing Law
| 11.1 |
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. |
| |
|
| 11.2 |
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims). |
12. Privacy Policy
| 12.1 |
Full details of our privacy policy are available on our website (www.theclosetliverpool.com). You can also call our team on 0151 7089489 to receive a copy via post. |
| |
|
| 12.2 |
The same policy governs our use of data that is provided to us online and in person or by telephone (to the extent applicable). |
I agree to and accept the Conditions.
……………………………………………… ………………………………………………
(Print Name) (Signature)
…………………………
(Date)