This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.theluxuryhirecompany.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

Information about us

www.theluxuryhirecompany.co.uk is a site operated by Tobi-Jane Auld, trading as The luxury Hire Company of PO Box 387, Plymouth, PL9 1BU (we/us/our). Our main trading address is PO Box 387, Plymouth, PL9 1BU and our contact telephone number 01752 484323. Our VAT number is 974455483

Service availability

Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside those countries.

Your status

By placing an order through our site, you warrant that:

You are legally capable of entering into binding contracts;

You are at least 18 years old;

You are resident in the United Kingdom;

You are accessing our site from that country;

You have provided us with the details of a valid credit or debit card, registered to your home address, and you authorise us to process a charge or charges to such card; and

You have subscribed for an account as mentioned in clause 4 (Subscription Account).

Subscription

In order to create a Subscription Account you warrant that you comply with clause 3(a) - (f) inclusive, and:

You agree to pay the Subscription Fee (as mentioned below);

You authorise us to process a charge or charges to such card on such dates as we agree with you in writing;

The Subscription Fee is £8 per month (such price being inclusive of any applicable VAT from time to time) and payable on the date of subscription and on each monthly anniversary of such subscription date by direct debit.

There is no minimum subscription period and you have a right to cancel your subscription at any time. On cancellation of your Subscription Account you acknowledge that your account will be closed and we will not process any charges for future Subscription Fees payable. In the event that you wish to cancel your Subscription Account within 8 working days of creating such account, we acknowledge that you have the right to make such cancellation in accordance with clause 6 and as such we will return to you your initial Subscription Fee, cancellation after this period will entitle us to retain any Subscription Fee already paid.

Each party recognises that it is impossible to maintain flawless security but (where relevant) we shall take all reasonable steps to prevent security breaches in our servers' interaction with you and security breaches in our interaction with resources or users outside of any firewall that may be built into our servers. You are solely responsible for preventing any password protected pages within the website from being automatically indexed and linked to search engine "Robots" and "Spiders" and for maintaining the confidentiality of any passwords which are required to access the website. You are solely responsible for any damage caused by any such unauthorised access.

How the contract is formed between you and us

Your order constitutes an offer to us to hire a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms and accepts your order (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.

The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.

Consumer rights

If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Order Confirmation. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).

If you are contracting as a consumer and you receive the Products within 8 working days of the Order Confirmation you agree under regulation 8(3) of The Consumer Protection (Distance Selling) Regulations 2000 (the Regulations) to waive your right to cancel the contract from the point you received the Products.

To cancel a Contract or your Subscription Account, you must inform us in writing via email to enquiries@theluxuryhirecompany.co.uk.

Details of this statutory right, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your statutory rights.

Availability and delivery

Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances.

Price and payment

The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in the Order Confirmation.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our order procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when order of the Product is accepted by us. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before accepting your order, or reject your order and notify you of such rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

Payment for all Products must be by credit or debit card. We will charge your credit or debit card from the point we have accepted your order in the Order Confirmation / we will charge your credit or debit card from the point you make your order, if in the event that no Contract is concluded and no Order Confirmation is sent to you we will return any sums paid under this clause 8.6 within 30 days beginning the day on which the notice that we are unable to fulfil your order has been received.

Return of Products

Within 24 hours of the return date, as specified in your Order Confirmation, we will send to you a further email confirming if you would like to retain the goods for a further period. If you accept such an offer you do so on the same terms and conditions as contained in this agreement and authorise us to process a charge or charges to your credit or debit card in accordance with such notice.

Where you do not exercise your right to retain the Products under clause 9.1 above, you warrant to return the Products to us by or on the return date as specified in the Order Confirmation.

In accordance with your Order Confirmation we agree to provide you with a pre-paid postage package in which to return the Products, if you do not return the Products to us by the due date for return notified to you we will treat such product as being lost and you agree to authorise us to process a charge or charges to your credit or debit card for the Product Replacement Fee.

The Product Replacement Fee is the recommended retail value of the Product without any deduction whatsoever.

Our refunds policy

Where you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation.

Where you have cancelled the Contract for any other reason (for instance, because have notified us in accordance with paragraph 19 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

liability

We warrant to you that any Product purchased, hired or any subscription obtained from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the price you paid for hire of the Product.

This does not include or limit in any way our liability:

For death or personal injury caused by our negligence;

Under section 2(3) of the Consumer Protection Act 1987;

For fraud or fraudulent misrepresentation; or

For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

loss of income or revenue

loss of business

loss of profits or contracts

loss of anticipated savings

loss of data

loss of data, or

waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable;

provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 11.4.

You have a legal obligation to take reasonable care of the Products while they are in your possession. You irrevocably warrant that you are liable for any damage to the Product caused during the period of your rental. If you return the Product in either a damaged or dirty condition (as we determine in our absolute discretion) we retain the right to charge you the Product Replacement Fee, if the cost of repairing or cleaning the Product is less than the Product Replacement Fee we may charge you a lesser amount to cover such cost.

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices

All notices given by you to us must be given to The Luxury Hire Company at enquiries@theluxuryhirecompany.co.uk . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of rights and obligations

The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

Strikes, lock-outs or other industrial action.

Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Impossibility of the use of public or private telecommunications networks.

The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.

Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

Our right to vary these terms and conditions

We have the right to revise and amend these terms and conditions from time to time.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.