Terms & Conditons | makemyhairdryerwork

STANDARD TERMS & CONDITIONS
SUPPLY OF HIRE EQUIPMENT
Version: February 2022

Plain English Summary:

The equipment is lent to the Hirer only, and for personal use only.
The equipment must be always kept inside and away from water.
You need to return it in the same condition that you received it.
- “If you bend it, you buy it”
Payment is up front.
We promise to deliver a working product and take it away at the end.
UK law prevails.

1. DEFINITIONS

1.1 In these Terms the following words and expressions shall, unless the context or circumstances require otherwise, have the meanings assigned to them below:

“Charges” means the charges set out in the Contract for the relevant Equipment in force on the date THE COMPANY issues a written acceptance of the Order to the Hirer;

“Commencement Date” means the date on which the relevant Contract is formed in accordance with clause 3.2;

“Contract” means the contract between the Company and the Hirer formed in accordance with clause 3.2;

“Equipment” means the items of equipment to be hired by the Hirer as listed in the Order, all substitutions, replacements or renewals of such equipment and all related accessories, manuals and instructions provided for the equipment;

“Hire Period” means the period of hire of the Equipment as set out in the Contract, unless the Contract is terminated earlier in accordance with these Terms or extended by agreement between the Company and the Hirer;

“Hirer” means the Consumer or Trader set out as such in the Contract;

“The Company” means makemyhairdryerwork.com, a trading style of Fresh Skin Clinics Ltd, Macclesfield, Cheshire, company number 10676271 set out in the Contract;

“Order” means the individual orders for the hire of Equipment placed by the Hirer from time to time via our website or the Company app in accordance with these Terms;

“Replacement Cost” means the cost of replacing with new any item of Equipment or part of it including but not limited to the cost of the item or part of it, any unpaid Charges that would otherwise have been paid by the Hirer were it not for such replacement, and a reasonable administrative charge to be determined by the Company covering the cost to THE COMPANY of administering the replacement;

“Site” means any premises or location at which the Equipment is to be delivered to or collected from or is otherwise located;

“Terms” means these terms and conditions.

1.2 references to the singular include the plural and vice versa and references to any gender include every gender;

1.3 references to a “person” include any individual, body corporate, association, partnership, firm, trust, organisation, joint venture, government, local or municipal authority, governmental or supra-governmental agency or department, state or agency of state or any other entity (in each case whether or not having separate legal personality);

1.5 any words following the words “include”, “includes”, “including”, “in particular” or any similar words or expressions shall be construed without limitation and accordingly shall not limit the meaning of the words preceding them.

2. INFORMATION ABOUT THE COMPANY AND CONTACTING THE COMPANY

2.1“The Company” means makemyhairdryerwork.com, a trading style of Fresh Skin Clinics Ltd, Macclesfield, Cheshire, company number 10676271.

2.2 How to contact THE COMPANY. If the Hirer has any questions or if the Hirer has any complaints, the Hirer should contact THE COMPANY via any of the methods available at www.makemyhairdryerwork.com

2.3 How THE COMPANY may contact the Hirer. If THE COMPANY has to contact the Hirer, THE COMPANY will do so by telephone or by email or by Whatsapp to the Hirer at the email address and telephone number the Hirer provides to THE COMPANY in the Order.

3. FORMATION OF CONTRACT AND ORDERS

3.1 The Hirer’s Order is an offer to hire from THE COMPANY. Each Order placed by the Hirer will be an offer by the Hirer to hire the Equipment on these Terms. The Hirer will ensure that each Order is accurate and complete and that the Equipment is suitable for the Hirer’s requirements.

3.2 How we, THE COMPANY, accept the Order. A Contract will be formed between THE COMPANY and the Hirer for the provision of the Equipment set out in the Order, when THE COMPANY issues an acceptance (including, but not limited to by email & Whatssapp) of the Order to the Hirer.

3.3 THE COMPANY may not accept your Order. If THE COMPANY is unable to accept an Order for any reason, THE COMPANY will inform the Hirer of this and will not charge for the Equipment.

3.4 When will the Contract commence. The Contract shall commence on the Commencement Date and shall continue for the Hire Period unless terminated earlier in accordance with these Terms.

3.5 Availability of Equipment. If we cannot supply the Equipment at the start of the Hire Period, we may need to substitute it with an alternative of equivalent standard. You may elect to refuse a substitute we offer in which case we will refund any money you have paid in advance for the Equipment.

3.6 CHARGES: the charges for the Equipment will be payable by the Hirer to THE COMPANY in accordance with the payment terms set out in these Terms. In addition, THE COMPANY may invoice the Hirer for any Additional Charges which may be levied against THE COMPANY by the Supplier in relation to the Contract or the Equipment. For example, failure to return the EQUIPMENT or by returning the equipment such that it is broken or not functioning.

3.7 Minimum Hire Period. A minimum hire period of ONE WEEK will apply to the Equipment. The Hirer may not terminate any Contract in respect of the hire of Equipment prior to the expiry of any minimum Hire Period. Where the Hirer purports to cancel or terminate the Contract where THE COMPANY is not at fault prior to the expiry of any minimum Hire Period, the full charges for the Equipment shall continue to be chargeable for the remainder of the minimum Hire Period.

4. THE EQUIPMENT

4.1 THE COMPANY retains ownership of the Equipment. The Hirer acknowledges that the Equipment remains at all times the property of THE COMPANY. The Hirer has no right, title or interest in the Equipment except that it is hired to the Hirer in accordance with the terms of the Contract.

4.2 The Hirer will have quiet possession of the Equipment. THE COMPANY shall not, other than in the exercise of its rights under the Contract or applicable law, interfere with the Hirer’s quiet possession of the Equipment during any Hire Period.

4.3 Hirer to notify THE COMPANY of issues with the Equipment. The Hirer shall immediately notify THE COMPANY of any loss, accident, damage or defect in the Equipment or if the Hirer considers that the Equipment may cause damage to property.

4.4 THE COMPANY may access a Site to inspect and repair the Equipment. The Hirer shall grant (or shall procure that THE COMPANY or their authorised representatives are granted) access to the Site at all such reasonable times on reasonable notice to:

4.4.1 inspect the Equipment and ensure the Hirer’s compliance with its obligations under the Contract; and/or

4.4.2 carry out any inspections or repairs of the Equipment.

4.5 Use and storage of the Equipment by Hirer. The Hirer:

4.5.1 shall keep the Equipment in good repair and condition, but the Hirer shall not repair or allow any third party (other than the Supplier and only where directed by THE COMPANY) to repair the Equipment and shall notify THE COMPANY immediately if any repair is necessary;

4.5.2 shall not sell, licence or create any security interest or type of preferential arrangement on or over the Equipment;

4.5.3 shall use the Equipment in compliance with all laws and applicable regulations including any health and safety legislation which relates to the use of the Equipment and in accordance with any operating and/or safety instructions provided to or supplied to the Hirer by THE COMPANY;

4.5.4 shall not make any alteration to the Equipment (including defacing or covering up any name plate or mark);

4.5.5 shall not, without the prior written consent of THE COMPANY, part with control of the Equipment;

4.5.6 shall not do or permit to be done anything which could invalidate THE COMPANY insurances;

4.5.7 is responsible for the security of the Equipment whilst in the Hirer’s possession; and

4.5.8 will take all appropriate measures to secure the Equipment at the Site, including when not in use.

4.6 Damage to or loss of Equipment. Subject to clause 7, the Hirer shall pay THE COMPANY all costs and expenses in respect of: (i) rectifying any damage to the Equipment (fair wear and tear excepted) which occurred during the period in which the Equipment was at the Hirer’s risk; and (ii) cleaning the Equipment following collection of the Equipment, in each case to return the Equipment to a condition fit for rehire. Such costs and expenses shall be confirmed to the Hirer by THE COMPANY, subject to supporting documentation. In addition, the Hirer will continue to pay the Charges until any repairs and or cleaning have been completed; and the Replacement Cost in respect of lost or stolen Equipment and/or Equipment which is beyond economic repair and the Hirer will continue to pay the Charges, until the Replacement Cost has been received by THE COMPANY.

4.7 Consequences of expiry or cancellation of the Contract. On expiry or cancellation of the Contract for whatever reason all Equipment at such time in the possession of the Hirer shall immediately become due for return to THE COMPANY.

4.8 THE COMPANY requires access to recover or substitute the Equipment. The Hirer will grant, and will ensure that the owner of any third party premises will grant to THE COMPANY, their agents, employees and sub-contractors the right at any time to enter any premises where the Equipment is or may be stored in order to recover or substitute the Equipment. The rights granted in this clause 4.8 are without prejudice to any rights and remedies of THE COMPANY.

4.9 Substitution of the Equipment. THE COMPANY may substitute the Equipment from time to time with an alternative piece of equipment of an equivalent standard. THE COMPANY will give you reasonable notice if it intends to do this.

5. DELIVERY AND COLLECTION

5.1 When THE COMPANY will provide the Equipment. During the order process THE COMPANY will let the Hirer know when and how THE COMPANY will provide the Equipment.

5.2 THE COMPANY is not responsible for delays outside of THE COMPANY’s control. If the supply of the Equipment is delayed by an event outside THE COMPANY’s control then THE COMPANY will contact the Hirer as soon as possible to let the Hirer know and THE COMPANY will take steps to minimise the effect of the delay. THE COMPANY will not be liable for delays caused by any event outside THE COMPANY’s control, but if there is a risk of substantial delay the Hirer may contact THE COMPANY to end the Contract and receive a refund for any Equipment paid for but not received.

5.3 When the Hirer becomes responsible for the Equipment. Delivery will occur when the Equipment is made available to the Hirer at the delivery address. Unless otherwise agreed by the parties in writing, risk of loss, theft, damage or destruction of the Equipment shall pass to the Hirer on delivery in accordance with this clause and will return to THE COMPANY once loading of the Equipment onto the collection vehicle is complete. For the avoidance of doubt risk will always remain with the Hirer until loading onto the collection vehicle is complete.

6. CHARGES AND PAYMENT

6.1 Where to find the Charges. The Charges (which includes VAT) will be the price indicated on the order pages (or otherwise notified to the Hirer) when the Hirer places the Order.

6.2 Variation of the Charges. THE COMPANY will be entitled to vary the Charges and any Additional Charges at any time by giving written notice to the Hirer to reflect any variation in the cost of supplying the Equipment which arises as a consequence of:

6.2.1 any variation in the Hirer’s requirements for the Equipment;

6.2.2 any information provided by the Hirer being inaccurate or incomplete; or

6.2.3 any failure or delay by the Hirer in providing information.

6.3 When the Hirer must pay and how. The Hirer must pay the Charges at the time agreed in the Contract, unless otherwise agreed by the parties in writing.

7. ENDING THE CONTRACT

7.1 Automatic termination at day 88 of the Contract term. Where the hire is to a Hirer who is an “individual” under the Consumer Credit Act 1974, the Hire Period shall not exceed 88 days, after which time the relevant Contract shall be deemed to have automatically terminated.

7.2 Grounds for mutual termination. Either party may, immediately on giving written notice to the other party, terminate the Contract and/or the relevant Contract without payment of compensation if the other party:

7.2.1 commits a material breach of the Contract which is incapable of remedy;

7.2.2 commits a material breach of the Contract which can be remedied but fails to remedy that breach within seven (7) days of a written notice setting out the breach and requiring it to be remedied being given by the other party; and/or

7.2.3 becomes Insolvent and each party shall notify the other party immediately upon becoming Insolvent.

7.3 Termination on Notice. Either party may terminate the Contract on giving the other party not less than five (5) days’ notice in writing.

7.4 THE COMPANY’s rights to terminate. THE COMPANY may terminate the Contract immediately on giving written notice to the Hirer if:

7.4.1 the Hirer does not, within a reasonable time of us asking for it, provide THE COMPANY with information that is necessary for THE COMPANY to provide the Equipment;

7.4.2 the Hirer does not, within a reasonable time, allow THE COMPANY to deliver or collect the Equipment to the Hirer or the Hirer does not collect them from THE COMPANY;

7.4.3 the Equipment is lost, stolen, seized, confiscated or in THE COMPANY’s reasonable opinion or the opinion of its insurer(s), damaged beyond repair;

7.4.4 the Hirer fails to pay any of THE COMPANY’s invoices on due date for payment;

7.4.5 the Hirer otherwise breaks these Terms.

7.5 The Hirer’s right to the Equipment ends when the Contract ends. Without prejudice to the remainder of these Terms, on the termination or expiry of the Contract THE COMPANY’s consent to the Hirer’s possession of the Equipment shall terminate and THE COMPANY may take possession of the Equipment and for this purpose may enter the Site or any premises at which the Equipment is located.

7.6 Accrued rights and remedies will not be prejudiced by termination or expiry. The termination of the Contract (or any part of it) shall be without prejudice to the rights and remedies of either party which may have accrued up to the date on which the Contract expires or is cancelled for whatever reason.

7.7 Consequences of termination or expiry. Upon the termination or expiry of the Contract, howsoever caused, without prejudice to any other rights or remedies of THE COMPANY:

7.7.1 THE COMPANY shall be entitled to invoice all Charges and Additional Charges incurred which have not yet been invoiced;

7.7.2 the Hirer shall pay on demand all Charges and Additional Charges which are due but are unpaid at the date of demand, together with any interest accrued; and

7.7.3 the Hirer shall pay on demand all costs and expenses incurred by THE COMPANY in recovering the Equipment and/or in collecting any sum due under the Contract (including any storage, transport, insurance, repair, legal and remarketing costs).

8. HOW TO END THE CONTRACT WITH THE COMPANY

8.1 Telling THE COMPANY. To exercise the right to terminate, the Hirer must inform THE COMPANY by a clear statement using the information above under “How to contact THE COMPANY” in clause 2.2.

8.2 Returning Equipment after ending the Contract. If the Hirer ends the Contract for any reason after Equipment has been dispatched or delivered to the Hirer, the Hirer must return it to THE COMPANY or allow THE COMPANY to collect it. Please contact us using the information above under “How to contact THE COMPANY” in clause 2.2.

8.3 What THE COMPANY charges for collection. If the Hirer is responsible for the costs of return and THE COMPANY or the Supplier is collecting the Equipment from the Hirer, THE COMPANY will charge the Hirer the direct cost to THE COMPANY of collection.

9. VARIATION

9.1 Which version of our Terms apply to your order. THE COMPANY amends these Terms from time to time. Every time a Hirer orders Equipment from us, the terms in force at the time of the Order and available at makemyhairdryerwork.com will apply to the Contract between the Hirer and THE COMPANY.

9.2 Amending the Terms applicable to your Order. THE COMPANY may revise these Terms as they apply to an Order from time to time to reflect the following circumstances:

9.2.1 changes in relevant laws and regulatory requirement; and

9.2.2 changes to THE COMPANY’ processes and procedures.

If THE COMPANY has to revise these Terms as they apply to an Order, THE COMPANY will contact the Hirer to give the Hirer reasonable advance notice of the changes and let the Hirer know how to cancel the Contract if the Hirer is not happy with the changes. The Hirer may cancel either in respect of all the affected Equipment or only for any Equipment the Hirer has yet to receive. If the Hirer opts to cancel, the Hirer will have to return (at THE COMPANY’s cost) any relevant Equipment already received and THE COMPANY will arrange a full refund of the price paid by the Hirer.

10. HOW THE COMPANY WILL USE A HIRER’S PERSONAL INFORMATION

THE COMPANY is the data controller of any personal information a Hirer provides to us. THE COMPANY will collect and process such information in order to process and fulfil an Order. Where your Order is fulfilled by one of our suppliers, your data will be provided to the supplier for such purpose.

If the Hirer is an individual providing THE COMPANY with its own personal information, please see THE COMPANY's privacy policy which is available on our website (http://www.makemyhairdryerwork.com) for further information on how personal information is used and rights in relation to that information.

If the Hirer is providing personal data of another individual to THE COMPANY, the Hirer must tell that individual that the Hirer is providing their information to THE COMPANY and show them a copy of this notice.

11. GENERAL

11.1 Even if THE COMPANY delays in enforcing a Contract, THE COMPANY can still enforce it later. If THE COMPANY fails to insist that the Hirer performs any of its obligations under a Contract or if THE COMPANY does not enforce its rights against the Hirer, or if THE COMPANY delays doing so, that will not mean that THE COMPANY has agreed not to enforce its rights against the Hirer and will not mean that the Hirer does not have to comply with those obligations. If THE COMPANY does waive a default by the Hirer, THE COMPANY will only do so in writing, and that will not mean that THE COMPANY will automatically waive any later default by the Hirer.

11.2 If a court finds part of the Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any term is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

11.3 Nobody else has any rights under a Contract. The Contract is between the Hirer and THE COMPANY. No other person shall have any rights to enforce any of its terms.

11.4 Transfer of rights to someone else. The Contract is personal to the Hirer and the Hirer shall not assign, delegate, sub-contract, transfer, charge or otherwise dispose of all or any of its rights and responsibilities under the Contract without the prior written consent of THE COMPANY. THE COMPANY may assign or transfer any or all of its rights and obligations under the Contract to any member of its Group and shall give written notice to the Hirer on or after such event.

12. GOVERNING LAW AND JURISDICTION

12.1 Which laws apply. Subject to clause 13.2, these Terms and any and all Contracts and any non-contractual obligations arising out of or in connection with them will be governed by English law.

12.2 Where you may bring legal proceedings. THE COMPANY and the Hirer both agree that the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with these Terms and any and all Contracts (including in relation to any non-contractual obligations), except if the Hirer is a resident of or has its registered office in Scotland, either party may bring proceedings in Scotland in accordance with Scottish law.

13. LIABILITY

13.1 THE COMPANY is responsible to the Hirer for foreseeable loss and damage caused by THE COMPANY. If THE COMPANY fails to comply with the Contract, THE COMPANY is responsible for loss or damage the Hirer suffers that is a foreseeable result of THE COMPANY breaking the Contract or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Hirer and THE COMPANY knew it might happen, for example, if you specifically drew it to our attention during the sales process.

13.2 THE COMPANY does not exclude or limit in any way THE COMPANY’s liability where it would be unlawful to do so. This includes liability for:

13.2.1 death or personal injury caused by THE COMPANY’s negligence or the negligence of THE COMPANY’s employees, agents or subcontractors;

13.2.2 for fraud or fraudulent misrepresentation;

13.2.3 for breach of the Hirer’s legal rights in relation to the Equipment including the right to receive the Equipment; and

13.2.4 for any matter for which THE COMPANY is not permitted by law to exclude or limit, or to attempt to exclude or limit, liability

13.3 THE COMPANY is not liable for business losses. THE COMPANY only supplies the Equipment for domestic and private use. If the Hirer uses the Equipment for any commercial, business or re-sale purpose THE COMPANY will have no liability to the Hirer for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.4 THE COMPANY’ aggregate liability. Subject to clause 14.2, THE COMPANY’s liability for loss, destruction or damage to goods or property is limited to a total of £100 whether due to our breach of contract, negligence or otherwise. If you think that there is a possibility that goods or property could be damaged which have a higher value, then you must notify us in writing before the Equipment is delivered to the Site. On receipt of such notification, we may choose to make additional coverage available and this will involve an increase in the Charges.

13.5 AS A CONSUMER, THE HIRER HAS LEGAL RIGHTS AND REMEDIES IN RELATION TO THE PROVISION OF THE EQUIPMENT. ADVICE ABOUT THE HIRER’S LEGAL RIGHTS AND REMEDIES IS AVAILABLE FROM THE CITIZENS' ADVICE BUREAU. NOTHING IN THESE TERMS WILL AFFECT THE HIRER’S LEGAL RIGHTS AND REMEDIES.

Version: February 2022