The offering of the vendor is to offer goods for sale or rental.
Using the website is subject to the Terms and Conditions (“Terms”) as well as Privacy and Cookie policy as per clause 22 contained in this document below.
The Terms apply to all transactions between the Owner or its franchisees or agents and the Hirer. All transactions are subject to the Terms as at the date of the transaction. These Terms and Conditions have been updated on the 10th April 2018.
1 Definitions and Terminology
“Hirer” The Hirer and or Purchaser of services or products is hereinafter referred to as the Hirer.
“Collection Date” refers to date one (1) calendar month from the date of delivery of the hire Equipment when the Rental Fee is due.
“Deposit” is a guarantee against default of the Terms by the Hirer
“Damage fee” is a fee payable by the Hirer of outstanding Rental Fees and/or any loss of or damage caused to the Equipment.
“Equipment” means the equipment which is provided and delivered to the Hirer under the Hire Agreement.
“Hire Agreement” the agreement of hire to be entered into between the Parties that incorporates these Terms.
“Order” means the Hirer’s request to hire Equipment in accordance with these Terms and the Hire Agreement.
“Owner”. The Owner is a company – The vendor is registered in England and Wales.
“Parties” means the Hirer and the Owner.
“Rental” is the provision of the Equipment by the Owners to the Hirer for the Hirer’s use for an agreed period and at an agreed cost and subject to these Terms.
“Rental Fee” means the amount payable by the Hirer to the Owner for the hire of the Equipment for one (1) calendar month.
“Rental Period” means the period of hire for which the Hirer hires the Equipment in accordance with these Terms.
“Sale Agreement” refers to the agreement of sale of goods by the Owner to the Hirer.
“Cancellation Form” is a document that the Hirer submits indicating the intention to cancel the Hire Agreement at the end of the Rental Period or beyond
“Terms” means the terms and conditions set out herein.
2 Equipment
2.1 It is the Hirer’s responsibility to ensure that the Equipment selected is in accordance to its needs.
2.2 The Hirer will ensure that due caution is exercised and safety precautions taken to ensure safe and responsible use of the Equipment to prevent injuries or damage.
2.3 The equipment as reflected on the Website are generic models and are used for descriptive purposes exclusively
2.4 The Hirer shall satisfy himself that the Equipment supplied by the Owner corresponds to the Order and is in working order. Any part of the Equipment found to be faulty, or not found to correspond with the Order, shall be notified to the Owner within one (1) Business day of receipt of the Equipment. In failure to do so, the Hirer acknowledges and agrees that the Equipment was received in accordance with the Order and in good working order.
2.5 Equipment offered on the Website may not be available at the time.
2.6 The Owner reserves the right to substitute the Equipment proposed for the Rental with alternative equipment of an equal or higher specification (which, for the purposes of interpreting the Rental Agreement, shall become the Equipment). On termination of the Rental Agreement, the Hirer may not substitute any Equipment delivered by the Owner.
2.7 The Equipment shall not be altered modified or adjusted defaced or repaired by the Hirer. The Owner shall be entitled to pursue the Hirer for the full replacement cost of the Equipment for failure to comply with this clause.
3 Sales Agreement
3.1 The Hirer may elect to purchase goods from the Owner and the Parties will enter into a Sales agreement indicating the goods to be purchased and the price. Payment in full, for goods purchased will take occur when an Order is placed. Where applicable, Terms as contained herein applies to the Sales Agreement but specifically clause 4, 10,18, 22 and 26.
4 Communication
4.1 Communication either via e-mail or a phone call to acknowledge an order placed, will take place. Once both Parties have agreed on the Terms, has the ordered been accepted but a transaction is subject to the successful execution of the Hire Agreement or Sales Agreement. This include the delivery of the goods as per the order and the Hire Agreement and the signature of acceptance of the goods by the Hirer.
5 Equipment Hire and Rental Period
5.1 The minimum Rental Period is one (1) calendar month.
5.2 The Rental Period shall continue until terminated in accordance with these Terms.
5.3 The Hirer shall be at least eighteen [18] years of age.
5.4 The owner honours the Hirer’s quiet possession of the equipment and will not intervene unless it acts in accordance of the Terms or the relevant Law.
6 Fees
6.1 The Deposit as per the Hire Agreement is a guarantee against default of the Terms by the Hirer which include non-payment of any Rental Fees and or any loss of or damage caused to the Equipment. If the Hirer is in default, the Owner shall be entitled to apply the Deposit (in full or in part) against such default, loss or damage.
6.2 The Deposit (or balance, if any) shall be refunded within five (5) Business Days of the end of the Rental Period. Damage fee is a fee against default by the Hirer of payment of any Rental Fees or any loss of or damage caused to the Equipment. If the loss is in excess of the Deposit applied the Hirer shall pay to the Owner any sums under this clause within ten (10) Business Days of a demand for the same. If any outstanding monies remain after this period, legal action may be instituted.
6.3 The Rental Fee will be charged monthly which includes Saturdays, Sundays and national holidays in England.
6.4 The Rental Fee shall be payable in advance for one (1) calendar month or such shorter period as the Parties may agree.
6.5 If the Hirer does not make the Equipment available for collection on termination of the Rental Agreement, the Hirer shall be responsible for the Rental Fee until the Equipment is collected by the Owner. Should the Hirer return or make the Equipment available to the Owner, before the end of the agreed Rental Period, the Owner shall be entitled to charge the Hirer the full rental for the remainder of the Rental Period.
6.6 On termination, the final Rental Fee payable shall be calculated to include any complete and incomplete days hired.
7 Payment
7.1 Payment of the Deposit if any and the first rental due and or goods purchased, must be made on the date of Order using a debit card, credit card (MasterCard, Visa or American Express) or Direct Debit, .
7.2 The Rental Fee shall be paid by the Hirer to the Owner in advance for periods of one (1) calendar month at a time.
7.3 Failure to pay in advance is regarded as a breach and the Owner may terminate the Hire Agreement.
7.4 If the Hirer fails to pay any Rental Fees or any other sums payable under this agreement by the due date for payment then, without limiting the Owner’s other rights and remedies, the Hirer shall pay interest on such sums for the period from and including the due date of payment up to the actual date of payment, whether before or after judgment. Interest shall be paid at the rate of 10 per cent (10%) per annum above Finance House Base Rate, save that nothing in this clause shall prevent the Owner from claiming interest at the statutory rate.
7.5 If the Hirer is in breach of these Terms, the Hirer agrees that should legal action be instituted, to pay all legal costs of the Owner.
7.6 The Owner reserves the right to charge an administration fee of £40.00 in respect of each late payment of an invoice.
7.7 The Hirer acknowledges that due to VAT rounding, there may be a small discrepancy in the Rental Fee due by plus or minus £0.01.
8 Continuous Payment Authority
8.1 The Hirer acknowledges that the condition of hire is that the Hirer must complete a “Continuous Payment Authority” which allows the Owner to request Rental Fees on Collection Date from their bank account, credit or debit card.
8.2 Rental Fees and other fees due, will be collected or processed on the Collection Date or the first available business day after the due date. The Hirer should understand this date will vary each month due to dates falling on weekends.
8.3 Should a payment be rejected or declined a fee of £20.00 will be levied per occurrence. The collection of rejected or declined payment might be reprocessed multiple times within seven (7) days post the initial payment rejected or declined.
8.4 Any sums or Rental Fees which have not been paid on the Collection Date, or which are outstanding may be deducted and collected via such Continuous Payment Authority and the Hirer authorises the Owner to utilise/access such funds in this manner during the Rental Period.
8.5 Should the Hirer wish the Owner to change their Continuous Payment Authority seven (7) days notification is to be provided prior to the payment being due.
8.6 Should the Hirer wish to change their Continuous Payment Authority on their own accord it can be done using My Account on the website prior to the payment being due.
8.7 The Hirer acknowledges and agrees that the Hire Agreement is subject to the Hirer supplies a Continuous Payment Authority.
8.8 Refunds will be made to the Hirer via the Continuous Payment Authority.
9 References
9.1 Prior to accepting any Order, the Owner may at its complete discretion request references, proof of identity, proof of residence of the Hirer and check with a consumer credit reference agency as to the creditworthiness of the Hirer. The Hirer expressly acknowledges and agrees to such requests and checks being made by the Owner.
10 Responsibilities of Hirer
10.1 The Hirer acknowledges that by signing the Rental Agreement he, she or it has been instructed in the safe operation of the Equipment and the Hirer undertakes to ensure no one else uses the Equipment who is not properly instructed and shall not allow the Equipment to be misused in any way other than in accordance with the instructions of the Owner.
10.2 The Hirer acknowledges the dangers associated with and the use of the Equipment that may lead to potential death or personal injury, the Hirer shall at all times and in all respects, indemnify the Owner against any claim, expense, liability, loss, or proceeding whatsoever in respect of any personal injury or loss whatsoever injury to the Hirer, any other user or any person involved in an incident or accident related to the Equipment. This include and in respect of damage to any property whatsoever (including the Equipment) or injury to any person arising out of or in connection with or consequent upon the hire, delivery, use, misuse, non-use, repossession, collection, return or non-return of the Equipment or any part thereof.
10.3 To the fullest extent possible by law, the Owner shall not be liable for any consequential expense liability what so ever caused by the late delivery, late collection, non-delivery, unsuitability, breakdown, failure or repossession of the Equipment save that nothing in the Rental Agreement shall exclude or in any way limit:
a) either Party’s liability for death or personal injury caused by its own negligence;
b) either Party’s liability for fraud or fraudulent misrepresentation; or
c) any other liability which cannot be excluded by law.
d) The Hirer ensure that the Equipment is not used by anyone under the age of 16 years old.
10.4 The Hirer shall during the Rental Agreement period:
a) ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by competent persons who have been instructed in the safe operation of the Equipment and in accordance with any operating instructions;
b) take such steps (including compliance with all safety and usage instructions provided by the Owner) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained;
c) be responsible for loss of, or damage to, or caused by, the Equipment (or any part thereof);
d) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Owner in the Equipment;
e) not suffer or permit the Equipment to be sold, confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Hirer shall notify the Owner and the Hirer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Owner on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
f) not use the Equipment for any unlawful purpose;
g) ensure that at all times the Equipment remains identifiable as being the Owner's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
h) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as the Owner requires, or if necessary allow the Owner or its representatives access to the Premises or any premises where the Equipment is located for the purpose of removing the Equipment;
i) not alter/remove and existing components of the Equipment.
j) not to rent out the equipment
k) not to do anything which could invalidate or cause the insurances referred to in clause 11 to be invalidated.
11 Insurance
11.1 The Hirer agrees to indemnify the Owner against any loss or damage to the Equipment and against any loss, damage or injury caused by the Equipment in so far as it is not covered by insurance of the Equipment.
11.2 Risk in the Equipment passes on delivery and remains the Hirer’s sole risk during the Rental Period. Accordingly, the Hirer undertakes during the Rental Period to insure and keep the Equipment insured under a fully comprehensive policy at the Hirer’s expense to its full replacement value with a reputable insurer chosen by the Hirer. Insurance must include cover against the risk of loss or damage by fire, theft, accident and other risks, including third party risks, as are normally insured against in the case of equipment of the type to which this Rental Agreement relates.
11.3 The Hirer must have the Owner’s interest noted on the policy. The Hirer will produce to the Owner on demand evidence of the insurance cover and of the payments of premiums under the insurance policy.
11.4 The Hirer must notify the Owner within 5 days of any loss of or damage to the Equipment and hold any insurance moneys received by the Hirer in trust for the Owner.
11.5 The Hirer irrevocably authorises the Owner to negotiate with the insurers to settle any insurance claim and to receive the insurance moneys.
11.6 The Owner shall apply the insurance moneys as follows:
a) in making good any damage;
b) in replacing the Equipment with goods of a similar type; and
c) in compensating the Owner for any loss or damage which it may suffer or incur.
d) The Hirer agrees to pay any shortfall to the Owner on demand.
e) Any loss of or damage to the Equipment shall not affect the continuance of this Rental Agreement.
f) If the Hirer fails to pay any insurance premium the Owner may, but shall not be obliged to, pay the same and the Hirer will reimburse the Owner on demand.
12 Equipment Location
12.1 The location of the Equipment, during the Rental, should remain at the delivery address and should only be relocated after the Hirer has obtained the prior written consent of the Owner.
12.2 The Owner will be granted access to the delivery address or where the Equipment is located by the Hirer at all reasonable times and with reasonable notice to inspect, maintain, replace, substitute or remove the Equipment under the terms stipulated herein.
13 Care of Equipment
13.1 The Hirer shall at his own expense keep the Equipment in a clean and good condition and not subject it to any misuse or wear and tear over that which is consistent with normal and reasonable use, maintaining where applicable the manufacturers’ recommendations. The Hirer undertakes not to remove or interfere with any identification marks affixed to the Equipment, or to deface or add to the Equipment.
13.2 The Hirer agrees to pay all costs incurred by the Owner in rectifying any damage or cleaning of the Equipment. Rental Fees will continue until such rectification is complete.
13.3 The Equipment must be returned in a clean good condition and a charge of £30 will be charged for cleaning the Equipment on its’ return in an unsatisfactory condition.
14 Repair & Replacement
14.1 In the event of Equipment failure, the Owner will use reasonable endeavours to repair or replace the Equipment with the same or similar/higher specification equipment, within five (5) Business days at no charge to the Hirer. Should the Equipment failure prove to be due to misuse or the fault of the Hirer, the Owner reserves the right to pass on the repair costs, a call out charge of £50.00 and engineering charges to the Hirer. Under no circumstances shall the Hirer attempt any repairs.
15 Maintenance
15.1 The Hirer is responsible for day to day adjustment and care of the equipment (for example: running belt alignment, pedal, handle bar and seat adjustments). The Owner shall be entitled to impose a charge of up to £50.00 for visits to the Equipment for matters of this nature.
16 Cancellation by the Hirer
16.1 The Rental Period terminate as per the Hire Agreement and the Hirer agree to submit a duly and accurately completed Cancellation Form fourteen (14) days before the end of the Rental Period.
16.2 If the Hirer does not notify the Owner of its intentions to cancel the Hire Agreement as per above, the Hire Agreement shall continue on a month to month hire basis until duly notice as per clause 16.1 above is given.
17 Cancellation by the Owner
17.1 If the Hirer is in breach of the Hire Agreement, the Owner may cancel this agreement and is given the right to institute legal action.
18 Liability
18.1 The Hirer expressly acknowledges that the Owners are not the original manufacturer or supplier of the Equipment, and that the Equipment has been selected by the Hirer as suitable for its purpose. The Hirer accordingly agrees and acknowledges that all conditions, warranties or representations whether express or implied or statutory or otherwise in respect of the Equipment or its fitness for any particular purpose are hereby expressly excluded to the fullest extent permitted by law.
18.2 The Hirer acknowledges that the Owner or its representatives are not qualified to advise the Hirer on any aspects of physical exercise or personal health. The Hirer should consult a specialist such as a Doctor or a competent and qualified person before undertaking in any strenuous exercise or utilising the Equipment.
18.3 It is the Hirer's responsibility to ensure that he is capable of undergoing a routine of exercises and using the Equipment. The Hirer accepts the risk of injury from performing exercises on the Equipment and is advised to consult his or her doctor prior to beginning any fitness program or exercise on the Equipment supplied. Accordingly, the Owner cannot accept any responsibility for failure by the Hirer to seek or take such advice or consultation or any injuries sustained by the Hirer or any other user as a result.
19 Ownership
19.1 The Equipment is and shall remain the sole property of the Owner and the Hirer shall have no right, title or interest in or to the Equipment (save the right to possession and use of the Equipment subject to these Terms).
19.2 The Hirer shall not sell offer for sale, assign, mortgage, pledge, lend or otherwise deal with or part with possession of the Equipment.
20 Delivery & Collection
20.1 All times or dates quoted for delivery and collection of the Equipment are given in good faith but without any responsibility on the part of the Owner. The delivery or collection will take place during Monday to Friday between the hours of 9.30am to 4.30pm unless otherwise agreed in writing. Time of delivery shall not be of the essence of the Rental Agreement.
20.2 The Owner will arrange collection of the Equipment from the location detailed in the Order during Monday to Friday, between the hours of 9.30am to 4.30pm within ten (10) days of the cancellation date.
20.3 The Owner cannot be held liable for any damage made while delivering, collecting and installing the Equipment in the Hirer's home or place of business however it so may be caused.
20.4 If the Hirer cancels the delivery or collection with less than 24 hours’ notice to the Owner or the Hirer is not present when the Owner arrives for delivery or collection at the agreed time, the Owner reserves the right to make a charge of up to £50.00 for re-delivery or collection of the Equipment.
20.5 The Owner may charge extra for deliveries and collections outside the standard hours of Monday to Friday, between the hours of 9.30am to 4.30pm.
21 Validity of Conditions
21.1 Should any term in the Hire Agreement be held to be invalid such invalidation shall not affect the validity of the remaining terms.
22 Data Protection
22.1 To help the Owner decide whether to enter into the hire Agreement or any future agreement with the Hirer, the Owner may make the use of the information provided to it by the Hirer; information received from enquiries made about the Hirer; and information gained from the Hirer’s performance of this and any other agreement which the Hirer has with the Owner. The Owner’s enquiries may include searching the Hirer’s record at one or more credit reference agencies who will keep details of the search. These details will be seen by other organisations that make searches. Information held about the Hirer by the Credit Reference Agencies may be linked to records relating to one or more of the Hirer’s partners. This is called “association”. For the purposes of the Hire Agreement and the application, the Hirer may be treated as financially linked and assessed with reference to any associated records.
22.2 If this is a joint application or if the Owner is informed by the Hirer of a financial association with another person, the Hirer must ensure that he has the authority (1) to disclose information about the joint applicant and any such other person and (2) to authorise the Owner to search, link or record information about the joint applicant or such other person, at one or more of the Credit Reference Agencies. An “association” will be created at the Credit Reference Agencies between the joint applicants and/or between the Hirer and any person with whom the Hirer has stated there is a financial relationship. This links together all the financial records, and unless a disassociation is successfully filed at the Credit Reference Agencies, all the financial records will be taken into account in any future applications by the joint applicants, whether such applications are made together, or separately. The Owner may also use a credit storing system.
22.3 If the Owner enters into this agreement with the Hirer, the Owner may disclose information about the Hirer, this agreement and the conduct of the Hirer’s account (including payment record) to any of the Credit Reference Agencies.
22.4 Such information may also be disclosed to other lenders, the supplier, the insurer, and any other person or company, which the Owner may select from time to time for the purposes of considering any future applications for finance and financial related services that may be made by the Hirer or any member of the Hirer’s household, fraud prevention, tracing debtors and recovering debt, carrying out statistical analysis and administering the Hirer’s account.
22.5 The information which the Owner holds about the Hirer may be used for the purpose of carrying out market research. The Owner may also provide the Hirer with information about the Owner’s other products and services. For these purposes, the Owner may contact the Hirer by post, telephone, or other means. If the Hirer does not wish to be contacted for this purpose he/she should write to the Owner.
23 Force Majeure
23.1 Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure result from events, circumstances or causes beyond its reasonable control, and in such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations, provided that if the period of delay or non-performance continues for six (6) weeks, the Owner may terminate the Hire Agreement by giving 10 (ten) Business Days' written notice to other party.
24 Assignment
24.1 The Hirer may not transfer any of its rights or obligations under these Terms to another person without the Owner’s prior written consent. The Owner can transfer all or any of its rights and obligations under these Terms at any time.
25 Variation
25.1 The Owner may amend these Terms at any time to reflect changes in legislation or otherwise and shall notify the Hirer of any such variation in writing.
26 Notices
26.1 Any notice served under these Terms is sufficiently served if sent by prepaid letter to the usual or last known place of business of the addressee, and proof of dispatch shall be conclusive evidence of receipt by the addressee in due course of transmission.
27 Law and Jurisdiction
27.1 This Hire Agreement and any dispute between the Owner and the Hirer arising from the Rental Agreement or Sale Agreement shall be subject to English Law and the parties submit to the exclusive jurisdiction of the English Courts.
28 Severability
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.
29 Third Party Rights
29.1 A person who is not party to the Hire Agreement shall not have any rights under or in connection with it under the Hire Agreement (Rights of Third Parties) Act 1999.
30 Waiver
30.1 A waiver of any right under these Terms is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Hire Agreement or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
30.2 Unless specifically provided otherwise, rights arising under the Hire Agreement are cumulative and do not exclude rights provided by law.
