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Escapade Conditions of Hire
1. Definitions
In the Hire Costume Term’s & Conditions ‘The Shop’ means Escapade of 45-46 Chalk Farm Road, NW1 8AJ. ‘The Hirer’ means any Individual, company, or agent to whom the shops quotation, acknowledgement of order or receipt is addressed. ‘The Goods’ means costumes, including any material supplied by the shop.
Contracts for the supply of hire costumes are based on the conditions set forth in this document.
The Hirer accepts that these conditions will govern relations between them and the shop to the exclusion of any other terms without limitation. These conditions and warranties include; written, implied, or oral agreements even if contained in any of the hirers documents, which in no way affects the consumers statutory rights. No variation or qualification of these conditions or of any quotation of contract arising from here shall be valid unless agreed in writing by an authorised employee of the shop.
2. Prices
1.The prices on the website are based on a quotation price list catalogue. These prices are based upon current costs ruling at the date thereof and are for guidance only. The contract price is the price current at the date of the delivery of goods. Outside of contract periods Escapade reserves the right to alter or amend prices at any time, without prior notice.
2.Where a quotation is dependant on information supplied by the Hirer, the Hirer will be responsible for the accuracy of the information given and for the supply of all relevant products including, but without limitation to measurements and sizes. Any increased cost incurred as a result of any inaccuracy or omission will be borne by the Hirer alone and be paid promptly upon presentation of the shops invoice..
Unless otherwise stated prices include VAT and where it is not included will be chargeable at the date of the delivery of the goods.
3. Delivery
1.Upon delivery the risk of loss or damage of any kind to the goods passes on to the hirer upon reception.
2. In the event that the hirer cannot collect their costume from the Camden shop, delivery options via courier are available. The hirer will pay the shop reasonable charges for the procurement of such services including; any reasonable carriage and insurance costs within seven days of receipt of an invoice sent from the shop.
3. The Hirer should carefully examine the goods upon receipt and should immediately notify a shop employee of any defect. In the absence of any prior notification, the shop reserves the right to reject any claims arising out of any defect. In the case of goods delivered to the Hirer using methods other than collection, receipt for the purposes of this sub-clause shall be deemed to take place the day after the goods are in the hirer’s possession.
Performance
The shop will use its reasonable commercial endeavours to ensure that goods ordered are available for delivery in accordance with clause 4 of the date specified in any quotation or acknowledgement of receipt of order. However it will not be liable for any loss suffered by the Hirer as a result of circumstances outside the shops reasonable control including, but without limitation to; the non return or damage of the goods by another hirer.
In the event that the goods have not been collected by or on behalf of the Hirer or by a carrier working on their behalf by 6:30PM on the date of delivery specified the shop reserves the right to hire the goods to any other person and shall not be liable to the Hirer for any loss suffered as a result of the hiring of these goods. The shop will not be liable for any delay or failure in carrying out its obligations if caused wholly or partly by; delay in transportation, labour disputes, fire, flood, war, accident, Government, acts of God, or any other cause outside the shops control.
Payment and deposit
Unless expressly agreed in writing, payment shall be made in Sterling upon collection of the goods. The shop will require the Hirer to leave a deposit which will be refundable upon return of the goods. If the costume is damaged while in the hirers control a reasonably reflect the cost of rectifying any damage suffered by the goods. The deposit does not necessarily reflect the value of the costume therefore if the costume is lost, stolen or not returned the shop will be entitled to recover the full cost of the costume over and above the deposit.
The shop also reserves the right to deduct ten pounds for each day the Hirer retains the goods after the date of return specified in the shops receipt out of the deposit paid by the Hirer. In cases of non-return of goods within four days of the contractual date of return the shop reserves the right to retain the entire deposit without prejudice to any rights of the Hirer.
Property in the goods
The property in the goods shall in no circumstance pass to the Hirer and the Hirer shall keep the goods as bailey for the shop.
Hirer's obligation to keep the goods clean
The Hirer undertakes to use his best endeavours to preserve and protect the goods and to return the goods to the shop on the return date specified in writing on the Contract receipt supplied by the shop in the same condition as when they were delivered by the Hirer.
Limitation of the shops liability
The Hirer undertakes the responsibility to preserve and protect the goods and to return the goods to the shop on the return date specified in writing on the Contract receipt. Goods must be returned by the Hirer in the same condition as upon receipt from the shop. To the fullest extent of the law neither Escapade nor any of its directors, employees or other representitives will be liable for damages arising out of or in connection with fair use of the goods. This is a comprehensive limitation of liability that applies to damages of any kind including; compensatory, direct and direct, loss of income or profit, or damage to property.
Laws and interpretation
This contract shall be governed by English law and the Hirer shall submit to the exclusive jurisdiction of the English courts. If any of these conditions or any part thereof is inferred void or unenforceable by legislation including the Unfair Contract Terms Act 1977 or by any other rule of law it shall be void and unenforceable to that extent and no further.
