Terms and conditions of sale & hire
1. General:
This contract is for the hire of items & accessories & the sale of goods detailed on your order and the parties to the contract are:
(a) Definitions:
The Hirer and, where the Hirer is not an individual acting in person, the “signatory” overleaf.
the kilt hire co ltd (Registered No: SC158881) with registered office at Dundas House, Westfield Park, Eskbank EH223FB. Any condition deemed invalid would not affect other conditions.
Nothing in this contract is intended to limit a customer’s existing legal rights.
(b) Extent of Contract
The contract is not assignable and is effective when the kilt hire co accepts the Hirers detailed order.
(c) Termination
The kilt hire co may terminate the contract and repossess hired goods without affecting any rights to recover monies due, damages for breach of contract or other remedies where the Hirer is in breach or is involved in insolvency or liquidation proceedings.
(d) Ownership of Goods
Goods hired remain the property of the kilt hire co at all times. Ownership of goods purchased transfers only when the kilt hire co receives full payment.
2. Hire charges
(a) Basis of Charging
The stated hire charges overleaf are for the duration of the contract and include Saturdays, Sundays and public holidays, where applicable, Standard hire duration, three days. Start of hire is deemed to be 9am on the day of the function. Any shortages will be noted on the contract at the start.
(b) Time for Payment and VAT
The Hirer will pay monies outstanding, including VAT, on demand (interest on account overdue will be charged at the Royal Bank of Scotland base rate plus 4%) and will be liable for reasonable legal charges, incurred by the kilt hire co, in the recovery of amounts due, hired or sale goods.
(c) Deposits
Deposits are set by the kilt hire co, at amounts reasonably required and will be offset against any monies due. All deposits are non-returnable.
(d) Credit and Debit Card Transactions
Where the Hirer has authorised a preauthorization, at any time, we may convert this from preauthorization to sale, in particular when goods have been returned damaged or non returned items. This is also the case if a cash deposit has been taken.
(e) Loss of Hired Goods and Damage Repair
the kilt hire co may treat goods unavailable for inspection after reasonable notice as lost and levy a penalty charge against the Hirer equal to the current retail sale value. The Hirer will pay for loss of hired goods, breakage and damage, except where condition 2 (f) applies. Hire charges will accrue until full settlement is made.
(f) Damage Waiver Option
Where the Hirer pays the appropriate damage waiver charge (available as an option) the kilt hire co will waive any charge to rectify accidentally damaged hired goods. It is the customer’s responsibility to Insure hired goods if the kilt hire co damage waiver option is not taken. Damage waiver is not insurance for lost, stolen or maliciously damaged hired goods.
(g) Cancellation Charges and Changes to orders.
Changes to hire orders must be made no later than s weeks before the function date. Any changes requested after this will incur a £10.00 administration fee, per order.
the kilt hire co charges for hire contract cancellation. Standard charge £20.00 the kilt hire co charges for sale contract cancellation. Standard 20% restocking charge.
(h) Late charges
Late charges are applied if outfits or single items are not returned on the planned day.
Late charge rates are 20% of the total order per day including bank & public holidays.
3. HIRER’S RESPONSIBILITIES
(a) Inspection and Receipt of Hired Goods
The Hirer will sign to acknowledge receipt at delivery / handover. Shortages must be agreed and noted on the contract / delivery document. Goods hired with defects must be reported to the kilt hire co on the eve of the function, if not earlier.
In the case of hired goods being taken overseas by the Hirer, any shortages or defects must be reported before the hired goods leave the UK mainland. Rectification after the event is not practical. Insurance is the customers liability. If hired items are lost in transit the full retail value shall be paid by the customer until returned, when a partial refund, less any hire charges accrued.
(b) Security of Hired Goods
The Hirer accepts responsibility for hired goods and their security until its collection by or return to the kilt hire co and undertakes not to sell or relinquish possession, alter, repair or modify
them in any way.
(c) Return or Collection of Hired Goods
The Hirer may arrange for the return or collection of hired goods at any branch of the kilt hire co, during normal business hours. Return of all hired goods will be prior to 2 PM on the date specified.
Collections are chargeable, at the rate displayed in store, at the current rates. The Hirer shall remain liable for hire goods until safe return / collection. Late charges in paragraph 2(h)
(d) Lost or Stolen Hired Goods
The Hirer agrees to insure (Insurance is between the Hirer and Independent Insurance company, accidental damage waiver will not cover this loss) the hired goods on a full replacement basis against the risks of loss and theft and on demand pay to the kilt hire co any insurance claim proceeds. If no Independent Insurance is taken, the Hirer shall repay to the kilt hire co full retail value of the lost/stolen goods on return of remaining goods.
This liability is without prejudice to the kilt hire co rights under the contract. Replacement goods purchased with any insurance claim proceeds are the property of the kilt hire co.
(e) Identification
Prior to or on collection you must provide, TWO forms of printed identification for EACH adult hirer.
These must consist of one form of photographic identification & one proof of address, dated within the last 90 days. These can be sent by fax or e-mail, or handed in to the branch in person.
Persons under the age of 18 years must have a parent, guardian’s or other responsible adult’s signature & Identification.
Management reserve the right to cancel an order if identification is not deemed suitable.
List one: Photographic ID
1. New photo card driving license.
2. UK Passport within current dates.
3. Inland revenue photo card / armed forces card / Police ID card.
4. Armed forces IDcard
5. Emergency services IDCard.
List two: Proof of address
1.Bank or credit card statement dated within the last 90 days.
2.Utility or services bill dated within last 90 days.
3.Mobile/Telephone bill dated within last 60 days.
Identification is required on all orders prior to collection.
NO OTHER FORMS OF IDENTIFICATION ARE ACCEPTABLE.
If you cannot provide adequate identification, or if you live out with the UK then a Security deposit is accepted as an alternative. This can be provided on a CREDIT CARD or in CASH only.
Please note: Credit Card Security Deposits may take up to 10 working days to cancel.
Orders will be cancelled and monies withheld if identification rules are not adhered to.
Management reserve the right to refuse any order or customer.
4. THE KILT HIRE CO RESPONSIBILITIES
(a) Hire Rates: we will maintain the agreed hire rates for the duration of the contract.
(c) Fitting, Delivery and Collection: we recommend that hired goods be collected and tried on and the Hirer is fully aware of how the goods should be worn, at least 8 hours before your function. the kilt hire co offers facilities in store for the Hirer to try on hired goods.
Failure to try on your hired goods prior to your function will remove liability from the kilt hire co for fitting errors. You must be 100% satisfied with the hired goods before you wear them; the only way is to try them on prior to your function. If you do not the kilt hire co, cannot be responsible after the wear. Following the Hirer’s request, the kilt hire co will endeavor to deliver or collect the hired goods during the next business day, wherever possible, at the charges advertised.
(d) Limitation of Liability: The liability of the kilt hire co for claims made by the Hirer does not extend to any unforeseeable financial loss caused by late or non delivery of hired or sale goods, unsuitability, stoppage or lawful repossession. Subject to the above, the kilt hire co will be liable for negligence or error in the performance of its obligations under the contact.
Dalkeith
EH22 3N
5. DISTANCE SELLING REGULATIONS
Under the Distance Selling Regulations, you have a right to cancel your order for any item purchased on this website for a full refund. This does not apply to items personalised or made to your specification. Items such as MTM kilts and jackets that, by reason of their sizing and specific specifications, cannot be returned; perishable goods (e.g. food and flowers)
To cancel, you can email us or write to us (see ‘contact us’ for details) by the end of the seventh working day** after the day on which you receive your item(s), quoting your order number. You must take reasonable care of the item(s) and must not use them. Item(s) may be returned to one of The Kilt Hire Co Ltd stores, or we can arrange collection. Only In the event of an item being unsuitable for its purpose, or being of a lesser quality than that which is advertised, The Kilt Hire Co Ltd will be liable for any postage charges incurred. Otherwise, you are liable for all postage charges.
You may cancel an order for services in the same way, by the end of the seventh working day** after the day on which you purchase the service, unless the services begin sooner. You may not cancel transport/delivery services which occur on a specific date.
If you have an Internet order query, call 0131 660 3451 or e mail: dalkeith@kilthire.com
** All days other than Saturdays, Sundays and public holidays.
