Rentaclub Limited Terms & Conditions
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Rentaclub General Terms & Conditions:
1. INTERPRETATION
1.1 The definitions in this clause apply to these Terms:
Accessories:head covers and/or tools for Clubs.
Accessory Charge:£30.00 per Accessory.
Clubs:irons and/or drivers.
Daily Charge:the Driver Daily Charge or the Iron Daily Charge depending on whether the Clubs are drivers or irons
Daily Charge:£6.00.
Force Majeure Event:shall have the meaning given in clause 13.
Hire Goods:any club and/or set of clubs together with any accessories specified in the Order.
Hire Term:the period of time for which we have agreed to supply the Hire Goods to you as confirmed in the Order Confirmation and commencing on the date for delivery of the Hire Goods as set out in the Order.
Order: your order for the Hire Goods.
Order Confirmation: shall have the meaning set out in clause 2.5.
Rental: our charge for the Hire Term.
Terms: the terms and conditions set out in this document.
We/us: Rentaclub Limited (Company number 07100310) whose registered office is Gay Dawn Offices, Valley Road, Fawkham, Kent, England DA3 8LY.
Working Day:any day other than a Saturday or a Sunday and bank or other public holidays.
Writing or written: includes faxes and e-mail.
1.2 Headings do not affect the interpretation of these Terms.
1.3 The singular includes the plural and vice versa. 2. BASIS OF CONTRACT
2.1
(a) We consider these Terms, the Order and our price list to set out the whole agreement between you and us for the supply of the Hire Goods. These Terms only apply to our contracts with consumers.
(b) Please check that the details in these Terms and on the Order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents.
(c) Please ensure that you read and understand these Terms before you submit the Order, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 2.5.
2.2 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Hire Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the supply of the Hire Goods.
2.3 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
2.4 The Order is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.
2.5 These Terms shall become binding on you and us when:
(a) we issue you with written acceptance of an Order; or
(b) we notify you that we are able to provide the Hire Goods,
(the “Order Confirmation”) whichever is the earlier, at which point a contract shall come into existence between us.
2.6 We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
2.7 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms in force at the time that you order the Hire Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to orders you have previously placed that we have not yet fulfilled. If the supply of the Hire Goods is ongoing, we will give you prior notice of any changes to these Terms and you can choose to cancel the Order without penalty before the new Terms affect you.
2.8 As the maximum length of the Hire Term is three months, the contract is not a consumer hire agreement within the meaning of the Consumer Credit Act 1974.
3. YOUR RIGHT OF CANCELLATION
3.1 Subject to clause 3.2, you have the right to cancel the contract at any time up to the end of seven Working Days after you receive the Order Confirmation.
3.2 If the Hire Goods are to be despatched to our authorised carrier before the end of seven Working Days after you receive the Order Confirmation, your cancellation rights will end on the delivery of the Hire Goods to the authorised carrier.
3.3 To exercise your right of cancellation, you must give written notice to us by hand or post, fax or e-mail, at the address, fax number or e-mail address shown in clause 17 below, giving details of the order number set out in the Order Confirmation.
3.4 If you exercise your right of cancellation after the Hire Goods have been delivered to you, you will be responsible for returning the Hire Goods to us at your own cost. The Hire Goods must be returned to the address shown in clause 17 below. You must take reasonable care to ensure the Hire Goods are not damaged in the meantime or in transit.
3.5 Once you have notified us that you are cancelling the contract, we will refund or recredit you within 30 days for any sum that has been paid by you or debited from your credit card for the Hire Goods.
3.6 If you do not return the Hire Goods as required, we may charge you a sum not exceeding the direct costs of recovering the Hire Goods.
3.7 You may direct any complaints to the address, fax number or e-mail address shown in clause 17.
4. PRICE AND PAYMENT
4.1 The Rental will be as set out in our price list in force at the time we confirm your Order. The price list can be located on our website www.rentaclub.co.uk. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.
4.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Hire Goods in full before the change in the rate of VAT takes effect.
4.3 Subject to clause 4.4, these prices include delivery and collection costs via our accredited carrier.
4.4 These prices do not include delivery to or collection from the following post codes:
AB37-38, AB34-45. AB53-56. CA18-27, H51-59, IM, IV14-28, IV30-32, IV36, IV40-56, IV7, IV9-12, KA27-28, KW, LA15-23, PA20, PA21-38, PA41, PA42-49, PA60, PA61-78, PA80-88, PH17-26, PH30-44, PH49-56, TR21-25, ZE.
You shall pay a surcharge of £13.50 for delivery to and collection from the above post codes. The £13.50 surcharge is payable on each delivery to such a postcode and on each collection from such a post code.
4.5 You shall pay price of the Rental when the Order is placed by credit or debit card. Any other charges payable under these Terms must be paid to us within 7 days of the date of our invoice to you by debit or credit card.
4.6 The supply of the Hire Goods is subject to availability. If on receipt of your Order the Hire Goods that you have ordered are not available, we will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for the Hire Goods.
4.7 Payment by you by the due date is an essential condition of the contract. Payment shall not be deemed to have been made until we have received clear funds in respect of the full amount outstanding.
4.8 If you do not make any payment due to us by the due date for payment (as set out in clause 4.5), we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of National Westminster Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
4.9 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our supply of the Hire Goods or any other outstanding Order until you have paid the outstanding amounts.
4.10 Clause 4.8 and clause 4.9 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received the invoice that you dispute it.
5. DELIVERY
5.1 We will deliver the Hire Goods to you on the date set out in the Order.
5.2 You must ensure that you (or someone designated by you) are available to sign for the Hire Goods on delivery at the address stated in the Order and obtain a delivery number from our carrier.
5.3 You shall be responsible for any Hire Goods which are signed for by you or by any other person at the address stated in the Order.
5.4 If you fail to take delivery of an Order on the third attempt, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control:
(a) the Hire Goods will be returned to us;
(b) the Rental will not be refunded to you; and
(c) we shall have no liability to you for late delivery.
5.5 We will take reasonable steps to meet the delivery date set out on the Order or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
5.6 Next day delivery is only available if the Order is received prior to 12.00pm on a Working Day. We only deliver on a Working Day and next day delivery means delivery on the next Working Day.
5.7 We will deliver and pick up from a residential or business address providing that you (or someone designated by you) are available to sign for the Hire Goods at that address.
6. RETURN
6.1 You agree that you will return the Hire Goods once the Hire Term has expired.
6.2 We will remind you by e-mail the day before the Hire Goods are due to be returned with instructions of how to return the Hire Goods.
6.3 You shall be required to book the return postage with the accredited postage carrier online through the link provided in the Order Confirmation and the e-mail referred to in clause 6.2 or by telephoning 0844 2480844. You shall be required to arrange a time and place for the accredited postage carrier to pick up the Hire Goods and you (or someone designated by you) must be available at that time and place. When arranging the return postage you shall be required to give the accredited carrier the order number (as set out in the Order Confirmation and the return label enclosed with the Hire Goods) together with our account number which will be set out on the return label. You shall check the identification of the driver to ensure that they are the accredited carrier and obtain a collection note from the driver.
6.4 Subject to clause 4.4, you shall not be charged for the return postage providing you book it through the accredited carrier in accordance with clause 6.3.
6.5 Subject to clause 11.5, if you fail to return the Hire Goods once the Hire Term has expired you shall be liable for the Daily Charge for each additional day until the Hire Goods are collected by the accredited carrier or returned into our physical possession (whichever is the earlier). You must book the return postage on or before the last Working Day of the Hire Term to ensure that the Hire Goods are collected by the accredited carrier on the first Working Day after the last day of the Hire Term. If the Hire Goods are not collected by the accredited carrier on the first Working Day after the last day of the Hire Term you shall become liable to pay the Daily Charge pursuant to this clause 6.5. For the avoidance of doubt, once all Clubs have been collected by the accredited carrier or returned into our physical possession you shall no longer be liable for the Daily Charge but if any Accessories are not collected or returned on or before such time, you shall be liable to pay the Accessory Charge in accordance with clause 11.5(b)
6.6 If you return the Hire Goods to us before the expiry of the Hire Term you shall not receive any refund on the Rental.
7. RISK, OWNERSHIP & INSURANCE
7.1 The Hire Goods will be your responsibility from the time of delivery.
7.2 Once the Hire Goods have been delivered to you, responsibility for them will not pass back to us until they are collected by our accredited courier or are in our physical possession again (whichever is the earlier). This is the case even if we have agreed to cease charging the Rental and/or any other charges payable under these Terms.
7.3 Ownership of the Hire Goods remains at all times with us. You shall have no right, title or other interest in the Hire Goods other than is expressly set out in these Terms.
7.4 You must not sell, assign, mortgage, pledge, charge, secure, hire, withhold, exert any right to withhold, dispose of or lend the Hire Goods or otherwise deal with the ownership or any other interest in the Hire Goods.
7.5 Whilst the Hire Goods are your responsibility you must keep them insured on our behalf for a minimum value of £500.00 against all risks to our reasonable satisfaction. On request, you shall produce the policy of insurance to us.
8. CARE OF HIRE GOODS
8.1 You shall:
(a) not remove any labels from or interfere with the Hire Goods, their working mechanisms or any other parts of them;
(b) take reasonable care of the Hire Goods and only use them for any purpose we say they are fit for and in a safe and correct manner;
(c) take adequate and proper measures to protect the Hire goods from theft, damage and any other reasonably foreseeable risks;
(d) notify us of any change of your address and, upon our request, provide details of the location of the Hire Goods;
(e) permit us to inspect the Hire Goods at all reasonable times and procure our access to any property where the Hire Goods are situated;
(f) keep the Hire Goods in your possession and control and not remove the Hire Goods from the United Kingdom without our prior permission;
(g) not continue to use the Hire Goods if they have been damaged or become defective in any way;
(h) notify us immediately if the Hire Goods have been involved in an accident resulting in damage to the Hire Goods, other property or injury to any person; and
(i) return the Hire Goods to us in good working order and condition (far wear and tear excepted) and in a clean conditions together with any other documentation relating to the Hire Goods.
9. QUALITY OF HIRE GOODS
9.1 Unless we are prevented from doing so by a Force Majeure Event, we will provide Hire Goods which on delivery:
(a) conform in all material respects with their description, subject to any qualification or representation contained in the brochures, advertisements or other documentation;
(b) be of satisfactory quality;
(c) are fit for any purpose we say the Hire Goods are fit for, or for any reasonable purpose for which you use the Hire Goods;
(d) are free from material defects in design, material and workmanship; and
(e) comply with all applicable statutory and regulatory requirements for supplying the Hire Goods in the United Kingdom.
9.2 This warranty is in addition to your legal rights in relation to the Hire Goods which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.3 This warranty does not apply to any defect in the Hire Goods arising from fair wear and tear, wilful damage, negligence, accident by you or any third party, if you use the Hire Goods in a way which we do not recommend, or any alteration or repair that you carry out without our written approval.
9.4 These Terms apply to any replacement Hire Goods we supply to you in the unlikely event that the original Hire Goods do not conform with these Terms.
9.5 You must provide us, in sufficient time, with any information and instructions relating to the Hire Goods that is or are necessary to enable us to provide the Hire Goods in accordance with these Terms.
9.6 If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Order by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
9.7 We only supply the Hire Goods for domestic and private use, and you agree not to use the Hire Goods for any commercial purpose.
10. DEFECTIVE HIRE GOODS
10.1 In the unlikely event that the Hire Goods do not conform with these Terms, please let us know as soon as possible after we have carried them out. We will collect the Hire Goods on a date agreed between us or ask you to return the Hire Goods to us at our cost. Once we have checked that the Hire Goods are faulty we will:
(a) provide you with a full or partial refund; or
(b) replace the Hire Goods; or
(c) repair the Hire Goods.
10.2 If we repair or replace the Hire Goods under clause 10.1 the Hire Term will commence on delivery of the replacement or repaired Hire Goods.
10.3 These Terms will apply to any replacement Hire Goods we supply to you.
10.4 You shall not repair or attempt to repair the Hire Goods unless you have been authorised to do so in writing by us.
11. LOSS OR DAMAGE TO HIRE GOODS AND YOUR LIABILITY
11.1 You must report any theft of the Hire Goods to the police and obtain a crime reference number.
11.2 You must notify as soon as you become aware that the Hire Goods have been stolen, lost or damaged in any way and we will then send you a theft report form. The completed theft report form must be completed and returned to us as soon as to the address set out in clause 17.
11.3 If the Hire Goods are returned to us damaged, unclean or in a defective state (except where this is due to fair wear and tear or an inherent fault in the Hire Goods) you shall be liable to us for the cost of any repair and/or cleaning required to return the Hire Goods to a condition fit for re-hire and to pay the Daily Charge, in accordance with clause 11.5 until such repairs and/or cleaning have been completed.
11.4 You shall pay to us, on demand, the replacement cost of any Hire Goods that are lost, stolen or damaged beyond economic repair at any time when they are your responsibility:
(a) due to your negligent use of the Hire Goods; or
(b) where you have not taken adequate and proper measures to protect the Hire Goods.
11.5 You shall pay to us, on demand, the Accessory Charge:
(a) in respect of any Accessory that is lost, stolen or damaged beyond economic repair at any time when it is your responsibility; or
(b) if you fail for any reason whatsoever to return any Accessory to us on or before the time that you return the Clubs to us.
11.6 Subject to clause 11.7, you shall pay to us, on demand, the Daily Charge from the day after the last day of the Hire Term up to an including the date which you notify us that the Hire Goods have been stolen, lost or damaged. From that date until we have replaced or repaired the Hire Goods you shall pay as a genuine pre-estimate of our lost profit a sum being equal to two thirds of the Daily Charge that would have applied to the Hire Goods for that period. We shall use our reasonable commercial endeavours to purchase replacements for the Hire Goods as quickly as possible using any monies paid to us under clause 11.4 and clause 11.5. For the avoidance of doubt, you shall not liable to pay the Daily Charge once all Clubs have been repaired or replaced even if any Accessories have not been repaired or replaced.
11.7 That maximum amount payable under clause 11.6 is:
(a) £ 2,190 if the Clubs are drivers;(b) £ 4,015 if the Clubs are irons.
11.8 In addition to any costs and charges payable under clause 11.3, clause 11.4, clause 11.5 or clause 11.6, you shall be liable to pay to us, on demand, all other reasonable costs, charges and losses sustained or incurred by us (including, without limitation, any loss of profit and loss of reputation, loss or damage to property, and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from your fraud, negligence, failure to perform, or delay in the performance of its obligations under these Terms.
11.9 If any costs or charges are payable by you under this clause 11:
(a) we will submit an invoice to you which must be paid in accordance with clause 4.5;
(b) provide you with copies of invoices as evidence of all costs and charges payable under clause 11.3 or clause 11.4.
12. LIMITATION OF LIABILITY – YOUR ATTENTION IS DRAWN TO THIS CLAUSE
12.1 Subject to clause 12.2, if we fail to comply with these Terms, we shall not be responsible for any losses that you suffer as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these Terms.
12.2 We shall not be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings; or
(d) loss of data.
However, this clause 12.2 shall not prevent claims for foreseeable loss or damage resulting from a breach of the Terms.
12.3 We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising out of any failure of the Client to comply with its obligations under these Terms.
12.4 We do not accept liability for any loss or damage caused to equipment, property and personal effects belonging to you or to a third party other than as a result of our own negligent actions or those of our employees, agents or sub-contractors.
12.5 This clause does not include or limit in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action involving the work force of any third party; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e) impossibility of the use of public or private telecommunications networks.
13.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
14. TERMINATION
14.1 Subject to clause 14.2, the arrangement between us will terminate automatically on the expiry of the Hire Term.
14.2 Without prejudice to any other rights or remedies which either of us may have, either of us shall be entitled to terminate the arrangement between us immediately by written notice to the other if:
(a) the other commits a serious breach of the contract and (if such a breach is remediable) fails to remedy that breach within 7 days of being notified in writing of that breach;
(b) any information provided by the other in connection with the contract is found to be materially misleading;
(c) the other suspends, or threatens to suspend payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts;
(d) the other makes a voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);
(e) an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the other;
(f) an event occurs, or proceeding is taken, with respect to the other in any jurisdiction to which it is subject which has an effect equivalent to or similar to any of the events mentioned in clause 14.2(c) to clause 14.2(e); or
(g) the other ceases, or threatens to cease, to carry on business.
14.3 For the avoidance of doubt, breaches of the following clauses shall be considered a serious breach of the contract:
(a) clause 7.4;
(b) clause 7.5;
(c) clause 8;
(d) clause 11.1; and
(e) clause 11.2.
15. CONSEQUENCES OF TERMINATION
15.1 Upon termination of the contract for any reason:
(a) you shall immediately pay to us any outstanding monies owed to us under these Terms (including interest) and in respect of any charges payable but for which no invoice has been received we may submit an invoice which shall be payable immediately upon receipt;
(b) you shall return to the Hire Goods to us or make the Hire Goods available for collection by us at the time and place requested. Until they have been returned or collected by us you shall be solely liable for their safe keeping;
(c) the accrued rights of either of party at termination shall not be affected; and
(d) the provisions of the following clauses shall remain in full force and effect:
(i) clause 4.4;
(ii) clause 4.5;
(iii) clause 4.6;
(iv) clause 4.7;
(v) clause 4.8;
(vi) clause 4.9;
(vii) clause 6;
(viii) clause 7;
(ix) clause 8;
(x) clause 11;
(xi) clause 12;
(xii) clause 14;
(xiii) clause 15;
(xiv) clause 18;
(xv) clause 19.4.
16. ASSIGNMENT
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
17. NOTICES
All notices sent by you to us must be sent to Rentaclub Limited at Gay Dawn Offices, Fawkham, Longfield, Kent DA3 8LY or fax 01474 573100 or e-mail info@rentaclub.co.uk. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 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 the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
18. DATA PROTECTION
18.1 We will take all reasonable precautions to keep details of your order and payment secure, but unless we are negligent, we will not be liable for unauthorised access to information supplied by you.
18.2 We will only use the personal information you provide to us for the purpose of fulfilling your Order, unless you agree otherwise. We would like to notify you of services, products and offers that may be of interest to you from time to time, and if you would like to be notified of these, please tick the box below.
18.3 We would also like carefully selected third parties, including other companies in our group, to contact you occasionally about products and services which may be of interest to you, and if you would like to be notified of these, please tick the box below.
18.4 You acknowledge and agree that we may pass your details to credit reference agencies.
18.5 You can correct any information about you, or ask for information about you to be deleted, by giving written notice to us at the address, fax number or e-mail address shown in clause 17.
18.6 You may request at any time that we stop using your information and stop sending information to you or that we stop passing your information to third parties, by giving written notice to us at the address, fax number or e-mail address shown in clause 17. If you withdraw consent to credit reference checks we may refuse to do any further work for you.
18.7 You can obtain details of the personal data that we hold by writing to us to request this.
19. GENERAL
19.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
19.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
19.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
19.4 These Terms shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English courts. We do not accept orders from addresses outside the UK.
