TERMS AND CONDITIONS OF HIRE
1. In these terms and conditions, “we”, “us” and “our” mean Natalie Croke, trading as “Celebrity Dress Hire”.
2. These terms and conditions represent the terms of the contract made between you and us when we accept an order placed by you on our website.
3. Your order represents an offer to us to hire a dress for a hire period of three days for the price stated on our website for that dress (plus any delivery charges and the deposit), which is accepted by us when we send email confirmation to you that we accept your order. The acceptance will be complete at the time we send the confirmation email to you. Any dresses on the same order which we have not confirmed in a confirmation email will not form part of that contract.
4. You should specify in your order the dates on which you would like to hire the dress. These must be a consecutive three day period. We are not obliged to deliver the dress to you unless and until your payment has been processed and is received in full.
5. Delivery of our dresses is available to England, Wales and Scotland addresses only.
6. We cannot guarantee that the dress will be available for hire on the dates specified in your order, but we will inform you if it is not.
7. If we accept your order, you authorise us to process payment for the transaction, being the price stated as payable for hire of the dress together with any delivery charges. If you state in your order that you would like to try the dress on before your event, we will organize with you a convenient day to do this, you must send the dress back to CDH on the arranged day of arrival for the 'try on' in order to receive a refund (minus shipping costs) if you find the dress doesn't suit. If you decide the dress is what you are looking for then you must still return to CDH on the same day of arrival, we will charge your card the same delivery charges charged for the' try on' before we send the dress back out to you for your event date.
8. The hire period is three days in duration, which commences on and includes the day of scheduled delivery of the dress to you. If you would like to hire a dress for longer than three days, please email us for special offers for longer periods.
9. If for any reason you are not able to take delivery of the dress on the agreed day of delivery, the courier will leave a calling card at your address and it is your responsibility to contact the courier to arrange an alternative time of delivery or collect the dress from the courier. For the avoidance of doubt, the hire period will still commence on the original scheduled date of delivery.
10. If the courier fails to deliver the dress to you on the agreed day of delivery (except by reason of you not being able to take receipt of the dress), then we will refund you the pro rata cost of dress hire for that day. In the event that the courier does not deliver the dress by 5pm on the second day of the hire period, then you may claim a full refund for hiring the dress. If you choose to exercise your right to a refund, you must not accept delivery of the dress by the courier and you should instruct the courier to return the dress to us. If you do accept delivery of the dress after 5pm on the second day of the hire period, then you waive your right to a refund.
11. You must return the dress to us on the third day of the hire period via the pre-paid mail bag we provide for this purpose. If the last day of the hire period falls on a non-working day, then you must return the dress to us on the next working day.
12. If for any reason, you are unable to return the dress on the third day in accordance with clause 11 above, you must inform us by email to email@example.com or telephone call to 07966 058 557 as soon as you become aware that you are not able to do so.
13. If you fail to return the dress on the required day in accordance with clause 11 above we will charge you £25 per day until you return the dress to us. You consent to us charging you the sum due to us.
14. If you do not return the dress to us you will be charged the full retail value of the dress. If you do not pay this within 28 days the poilce will be contacted and court proceedings will begin.
15. You must return the dress to us in the same condition as you received it. This includes (but is not limited to) the dress being:
15.1. free of any alterations whatsoever; and
15.2. not otherwise damaged
but does not include any reasonable wear through the ordinary course of wearing the dress.
16. For the avoidance of doubt, you are not required to clean the dress before you return it to us, but this is without prejudice to your obligation in clause 14 above.
17. If the dress is returned otherwise than in the same condition as per clause 14 above, we will inform you that this is the case and charge you the full cost over and above the reasonable cost of having the dress dry-cleaned.
18. If, in our reasonable opinion, it is not possible to restore the dress to the same condition as when it was delivered to you at the beginning of the hire period, we will charge you the full retail price of the dress as stated on the website. In this event, you may elect to keep the hired dress, provided you pay the cost of couriering the dress to you.
19. Legal and equitable title in any dress delivered to you remains with us at all times.
20. We will not be responsible for any losses you suffer as a result of us breaching these conditions, whether reasonably foreseeable or not, in contract, tort or otherwise.
21. We will not be responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
22. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
23. These terms and conditions constitute the whole agreement between the parties and supersede all previous agreements between the parties relating to their subject matter.
24. A person who is not a party to these terms and conditions shall not have any rights under or in connection with them.
25. These terms and conditions, 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), shall be governed by, and construed in accordance with, the law of England and Wales.
26. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).