Before placing an order, it is important to read and understand Vetu’s terms and conditions of hire, as shown below. Please read through them and at the bottom, complete and submit the form to confirm that you accept them.
TERMS AND CONDITIONS OF HIRE
BACKGROUND:
These Terms and Conditions are the standard terms for the hire of ladies evening and occasion wear by Jennifer Barr, trading as Vetu, a Sole Trader, whose trading address is Kingsland Bank, Kingsland Road, Shrewsbury, SY3 7AF.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Calendar Day” means any day of the year;
“Contract” means the contract for the hire of the Garment(s) by You from Us, as explained in Clause 3;
“Deposit” means the sum payable at the time of Your Order that is required to secure your Order;
“Garment” means an item of clothing supplied by Us and hired by You subject to these Terms and Conditions;
“Hire Period” means the period for which You will hire the Garment(s);
“Price” means the total price payable for the hire of the Garment(s);
“Order” means Your order for the hire of the Garment(s);
“Order Confirmation” means Our acceptance and confirmation of Your Order as described in Clause 3;
“Security Deposit” means the sum payable under sub-Clause 7.5 to cover the non-return, loss, theft or damage of the Garment(s);
“We/Us/Our” means Jennifer Barr, trading as Vetu, a Sole Trader whose trading address is Kingsland Bank, Kingsland Road, Shrewsbury, SY3 7AF; and
“You” means you, the hirer of the Garment(s).
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.
1.3 Each reference to the singular number shall include the plural and vice versa where appropriate.
2. Information About Us
2.1 Jennifer Barr, trading as Vetu, is a Sole Trader, whose trading address is Kingsland Bank, Kingsland Road, Shrewsbury, SY3 7AF.
3. The Contract
3.1 These Terms and Conditions govern the hire of Garment(s) from Us and will form the basis of the Contract between Us and You. Before completing Your Order, please ensure that You have read these Terms and Conditions carefully. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification.
3.2 Nothing provided by Us including, but not limited to, Garments on display in the studio, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.
3.3 A legally binding contract between Us and You will be created upon Our acceptance of Your Order, indicated by Our Order Confirmation, and Your payment of the Deposit. Order Confirmations will be provided in writing upon payment of the Deposit.
4. Product Details
4.1 We use all reasonable endeavours to ensure that Our Garments are in good condition and that they are regularly cleaned, repaired and replaced as necessary.
4.2 The Price is as displayed on the Garment(s) at the time of placing Your Order and will be confirmed in writing on the Order Confirmation.
5. Fitting and Sizes
5.1 In order to place an Order, You will be invited to attend an initial fitting appointment at the studio during which You will have the opportunity to try on all Garments to ensure the correct fit.
5.2 If any Garment(s) requires alterations, We may need to arrange additional fitting appointments for You to try on the altered Garment(s).
5.3 It is Your responsibility to ensure that the Garment(s) is a correct fit and if You do not attend either of these fitting appointments, We cannot accept responsibility if the Garment(s) is an incorrect fit.
6. Hire Period
6.1 The Hire Period of 3 or 5 days shall be mutually agreed and confirmed in the Order Confirmation.
6.2 Unless it is expressly stated otherwise, the Hire Period begins at the time of collection on the first day of the Hire period and ends at 6pm on the final day of the Hire Period.
6.3 You may only extend the Hire Period beyond 5 days by mutual agreement at the time of placing Your Order. The Price will be an additional daily charge of 20% of the Price for a 3-day hire period, or as otherwise agreed in writing.
7. Fees and Payment
7.1 When placing Your Order, You will be required to pay a Deposit of 50% of the total Price to secure Your Order.
7.2 The Price for the Garment(s) will be as displayed on the Garment(s) at the time of placing Your Order and will be confirmed in writing on the Order Confirmation.
7.3 We may, from time to time, offer special prices, discounts and other promotional offers. Any such special prices will be valid only for the period advertised. Orders placed during such a period will be accepted at the special price however any order placed after the period has expired will not be accepted at the special price.
7.4 The balance of the Price (i.e. the full payment) shall be made when You collect the Garment(s) at the start of the Hire Period and we will not release any Garment(s) to You without this payment. Payment can be made in cash, by credit card, debit card or by bank transfer.
7.5 A Security Deposit shall be paid when You collect the Garment(s) at the start of the Hire Period and we will not release any Garment(s) to You without this payment. The value of the Security Deposit will be relative to the value of the Garment(s) and is at Our sole discretion. The Security Deposit will be retained by Us in full or in part, at Our sole discretion if any Garment(s) are not returned or are lost, stolen or damaged in any way.
8. Cancellation
8.1 You may cancel your Order at any time before the start of the Hire Period subject to the following:
8.1.1 For Orders cancelled up to 2 weeks in advance of the agreed start of the Hire Period, there will be no charge and Your Deposit and Security Deposit will be refunded in full.
8.1.2 For Orders cancelled with less than 2 weeks before the agreed start of the Hire Period, we will retain Your Deposit in full and refund Your Security Deposit in full.
8.1.3 For Orders cancelled after any agreed alterations have been made, We will retain Your Deposit in full and refund Your Security Deposit in full.
8.1.4 For Orders cancelled less than 48 hours before the start of the Hire Period, We will retain Your Deposit in full and the balance of the full Price will also be payable, which will be deducted from Your Security Deposit and the remainder of the Security Deposit (if any) will be refunded.
8.2 We may, at Our sole discretion, reduce or waive any of the charges detailed above if Your cancellation is due to exceptional circumstances.
8.3 In certain circumstances, We may need to cancel Your Order before the agreed collection date. Said circumstances can include: if the Garment(s) has not been returned or has been returned damaged by a previous customer, or if You have given us cause to be concerned about Your suitability to receive future rentals (e.g. frequent late returns, damaged items or theft).
9. Collection, Hire and Return
9.1 The Hire Period begins at the time of collection on the date stated in the Order Confirmation. This time is to be mutually agreed prior to the date and is the time at which the Garment(s) will be ready for collection from the studio.
9.2 It is Your responsibility to inspect the Garment(s) at the time of collection and prior to payment. If there are any items missing or if there is any visible damage or fault with the Garment(s), You should inform Us immediately, before leaving the studio. We will use all reasonable endeavours to replace missing items or damaged or faulty Garments.
9.3 You will be deemed responsible for any loss or damage which may occur to the Garment(s) after collection and whilst the Garment(s) is in Your possession.
9.4 It is Your responsibility to ensure that the Garment(s) fits correctly at the time of collection. If You discover that any Garment(s) does not fit correctly, You should inform Us immediately, before leaving the studio. We will use all reasonable endeavours to provide a suitable replacement however, We are under no obligation to do so nor are We under any obligation to perform subsequent alterations. As per sub-Clause 5.3, it is Your responsibility to ensure a correct fit and to attend all necessary fitting appointments.
9.5 The Hire Period ends at 6pm on the date stated in the Order Confirmation. Any Garment(s) returned after 6pm will incur an excess charge of £25 per Garment, per day. Garments may be returned early, however We are unable to issue any refunds of any kind for early returns.
10. Loss and Damage
10.1 You are responsible for, and will be required to indemnify Us for, any loss or damage which may occur to Garments while they are in Your possession.
10.2 Any charges due will firstly be taken out of Your Security Deposit. If the cost of repairing the damage or replacing the Garment(s) is, in Our opinion, higher than the sum of the Security Deposit, You will be required to pay any excess sum.
10.3 You will not be responsible for any missing items, damage or fault with the Garment(s) that has already been identified under sub-Clause 9.2 at the time of collection.
10.4 Under no circumstances are You to attempt to clean any Garment(s), including dry clean, cold wash or any other method. If carried out, We reserve the right to charge You for any damage which may occur to the Garment(s) or the cost of replacing the Garment(s).
10.5 The replacement cost will vary depending on the full retail value and specifics of each Garment and this amount is at Our sole discretion.
10.6 Any cost of repair will be independently verified by Our repair services and evidence of this cost will be provided to You.
11. Our Liability
11.1 We will be responsible for any foreseeable loss or damage that You may suffer only as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable only if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is formed. We will not be responsible for any loss or damage that is not foreseeable.
11.2 In any event, Our total liability under these Terms and Conditions shall be limited to the value of the Contract between Us and You, that is, the total Price payable by You.
11.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
11.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability with respect to Your legal rights as a consumer. For more information on your legal rights and on the remedies you may be entitled to if something goes wrong, please contact Us.
12. Events Outside of Our Control (Force Majeure)
12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
12.2 If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
12.2.1 We will inform You as soon as is reasonably possible;
12.2.2 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;
12.2.3 If the event outside of Our control continues for 3 months, We will cancel the Contract and inform You of the cancellation in writing;
12.2.4 If an event outside of Our control continues for 3 months, and You wish to cancel the Contract, You may do so by informing us in writing;
12.2.5 If the Contract is cancelled under this Clause 12 before the Hire Period begins, any and all sums You have paid to Us will be refunded in full. Other provisions in these Terms and Conditions regarding the retention of sums paid shall not apply.
13. Communication and Contact Details
If You wish to contact Us, please contact us by telephone at 07967 626415, by email at jennifer@vetu.co.uk, or by post at Kingsland Bank, Kingsland Road, Shrewsbury, SY3 7AF.
14. Complaints and Feedback
14.1 We want to give You the best possible service and will always use reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one. However, if at any point You have any cause for complaint, then You should inform Us immediately, so that We can do Our best to resolve the problem quickly and fairly.
14.2 If You wish to complain about any aspect of Your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Garment(s), please contact Us in one of the following ways:
14.2.1 In writing, addressed to Jennifer Barr, Kingsland Bank, Kingsland Road, Shrewsbury, SY3 7AF
14.2.2 By email, addressed to jennifer@vetu.co.uk
14.2.3 By contacting Us by telephone on 07967 626415.
14.3 Any complaint must be made within 8 weeks of the event from which the complaint has arisen.
14.4 When making a complaint, You will be required to provide the following information in as much detail as is reasonably possible:
14.4.1 Your name, address, telephone number, email address and Your preferred contact method.
14.4.2 If You are making a complaint on behalf of someone else, that person’s name and contact details as well as Your own;
14.4.3 If You are making a complaint about a particular transaction, the Order Confirmation number.
14.4.4 Further details of Your complaint including, as appropriate, all times, dates, events, and people involved;
14.4.5 Details of any documents or other evidence You wish to rely on in support of Your complaint;
14.4.6 Details of what You would like Us to do to resolve Your complaint and to put things right. (Please note that whilst We will make every reasonable effort to accommodate such requests, We are not bound to take any action beyond that which We may be contractually or otherwise legally obliged to take.)
14.5 All complaints shall be acknowledged in writing by Us within 5 business days of receipt of the complaint and We will use all reasonable endeavours to resolve Your complaint within 8 weeks.
14.6 As a sole trader, Jennifer Barr, shall handle all complaints.
15. How We Use Your Personal Information (Data Protection)
15.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.
15.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from the Vetu website www.vetu.co.uk
16. Third party rights
16.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
16.2 You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
16.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. Any Garment(s) hired by You is for Your sole use only and not for any other party.
17. Enforceability
17.1 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
17.2 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
18. Governing Law and Jurisdiction
18.1 These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
18.2 As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
18.3 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England & Wales.