1.1 To hire an Outfit by post, You can contact Us and We will send photos of available items in Your size which You can request to hire. We reserve the right to limit the number of items that You may hire at any time. The hiring options and prices will be explained to You by email.
1.2 Postal Hire is available to all United Kingdom addresses served by Royal Mail and myHermes. For certain remote areas, such as the Highlands, Islands of Scotland or Isle of Man, delivery may take an additional 3 days. We will take this into account when despatching Your Outfit, but if You make us aware that You live in a remote area at the time of making Your request, We will ensure that We despatch your Outfit with ample time.
1.3 You agree to provide us with any and all information we may reasonably require to fulfil Your request. This may include, but not necessarily be limited to, Your size or baby’s age and size, the address for delivery, details of the Outfit that You wish to hire, and the date that You require the Outfit to be delivered on or by.
1.4 When You request to hire an Outfit, this does not mean that Your order has been accepted. Your order constitutes an offer to Us to hire an Outfit. Following Your request, We will send You a confirmation email to confirm that Your chosen Outfit is available or to suggest alternatives. If Your chosen item of clothing is not available on the date that You have requested, We will provide details of alternatives which You can choose to accept or decline. If You choose to decline, Your Fee (see Clause 2) will be refunded in full.
1.5 A legally binding contract between Us and You will be created when We send You a Despatch Confirmation or the Outfit has been delivered.
1.6 We do not guarantee that styles and colours will be an exact match to those advertised in pictures and descriptions on our website or other marketing materials and we accept no responsibility or liability for minor variations in the end Outfit compared with any pre-contract information provided.
1.7 We offer two delivery options which You can choose from:
1.7.1 Delivery in 10 working days or more from the date that You submit Your request via Our website (“Standard Delivery”), where day 1 is the day during which You submit Your request (any time before 5pm) and day 10 is the day You will receive the Outfit on or by (this may be at any time until 8pm). Working days include Saturdays. Outfits sent by Standard Delivery will be delivered by myHermes courier or a suitable alternative and We are unable to provide scheduled delivery dates or times for this Service.
1.7.2 Delivery in 3 to 9 working days from the date that You submit Your request via Our website (“Express Delivery”), where day 1 is the day during which You submit Your request (any time before 5pm) and day 3 is the day You will receive the Outfit on or by. Working days include Saturdays. Outfits sent by Express Delivery will be sent by Royal Mail Signed For 1st Class.
1.7.3 We may be able to deliver Outfits within 1 to 2 working days at Our discretion, if You contact Us prior to making a request, for which there may be an additional charge.
1.8 Hire Period
1.8.1 Subject to Clause 1.8.3, the period for which You may hire the Outfit is 5 calendar days (the “Hire Period”).
1.8.2 Unless it is expressly stated otherwise, the Hire Period begins on the day that You requested the Outfit to be delivered on or by. If You receive the Outfit in advance of this date, this does not affect the start of the Hire Period.
1.8.3 You may extend the Hire Period by contacting Us via email at firstname.lastname@example.org and We may agree to this in our sole discretion. Extended Hire Periods shall be charged at a daily rate of £2 per Outfit.
1.9 Return Delivery
1.9.1 Unless it is expressly stated otherwise, for both Standard Delivery and Express Delivery, return delivery is via myHermes courier or a suitable alternative and You will be required to package the Outfit in the same way that it was received by You, affix the return address label, and deposit it at a ParcelShop the day after Your Hire Period ends. For example, Your Hire Period begins on the 5th. The Hire Period is 5 days, therefore it ends on the 9th, and You must take it to a ParcelShop on the 10th. You are not required to wash the Outfit at the end of the Hire Period.
1.9.2 In the event that any Outfit is not despatched on the day after the Hire Period ends, You must pay an excess of £2 per Outfit, per day until the Outfit (or all parts thereof) is returned. Your maximum liability for a failure to return an item is limited to the replacement cost for that item. Outfits may be returned early, however We are unable to issue any refunds of any kind for early returns.
1.10.1 You may cancel Your order for Postal Hire at any time before the Outfit is despatched free of charge by emailing email@example.com.
1.10.2 After we have despatched the Outfit and subject to the strict condition that the Outfit is unworn, in the same condition as it was delivered to You and all tags are intact and undamaged, You may also return the Outfit and obtain a refund of the rental Fee, as long as You contact Us via email at firstname.lastname@example.org by 12 midday on the day following delivery. You will be responsible for all postage costs in such circumstances, which will be deducted from the amount refunded to You. The postage cost is charged at myHermes face value.
1.10.3 If You wish to exercise the cancellation right referred to above, You must deposit the Outfit for return, at a ParcelShop on the day following delivery. Unless otherwise agreed by Us, should an item be kept for longer than this, We reserve the right to retain the full Fee. Any refund due to You will be made as soon as is reasonably possible, and in any event within 14 calendar days of the date on which We agree that You are entitled to a refund. Refunds will be made using the same payment method originally used by You unless you specifically request a different method.
1.10.4 We may, at Our sole discretion, reduce or waive any of the charges detailed above if Your cancellation is due to exceptional circumstances.
1.10.5 We may cancel a booking for Postal Hire at any time before the Outfit is due to be despatched and We will refund to You in full any Fee and other monies that You have paid.
2. Fees and Payment
2.1 When requesting a Postal Hire, You will be required to pay the fee quoted to You by email (the “Fee”). The Fee will differ depending on the Service and delivery option chosen by You and can be paid by online. We accept the following payment methods for Fees: Credit or Debit Card.
2.2 We may, from time to time, offer special prices, discounts and other promotional offers. Any such special prices will be valid only for the period advertised. We reserve the right to change and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Appointment or Postal Hire that You have already booked or requested.
3.1 We reserve the right to charge You a fee to cover repairs necessary to any damage done to the Outfit which falls outside normal wear and tear (examples of which are set out in Clause 4.4), or where You have made any moderations to the Outfit without Our prior written agreement (“Deposit”). The Deposit will be charged by Us in full or in part (at our discretion) if any Outfit or part of an Outfit is damaged in any way that falls outside of fair wear and tear but may be repaired and restored to its pre-damaged state by Us.
3.2 The Deposit required will be £10. We accept the following payment methods for Deposits: Credit or Debit Card. We will keep Your card details on file (from the start of the Hire Period) and only charge the Deposit to Your card in the event that it falls due under the provisions of Clause 3.1.
3.3 If the Deposit becomes due in accordance with this Clause 3 and We do not manage to successfully charge Your credit or debit card (for example if it has expired, is rejected or otherwise), You agree to pay the Deposit (and any amounts due under Clause 4.3) to Us on demand. We reserve the right to take all steps necessary to collect amounts due from You in this respect.
3.4 You are solely responsible for any and all fees charged to Your credit or debit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees.
3.5 You agree to notify us about any dispute or discrepancies in relation to Your charges within 90 days of the relevant item(s) being delivered to You. If You do not bring them to our attention within such period, you agree that You waive Your right to dispute such problems or discrepancies.
4. Loss and Damage
4.1 You should check the Outfit at the time of pick up or delivery. If there are any items missing or if there is any visible damage to the Outfit, You should inform Us immediately. We will use all reasonable endeavours to provide a suitable replacement or, if a repair is possible without causing You any inconvenience, We will repair the Outfit. If We are unable to replace or repair the Outfit, or if You would prefer to reject the damaged or faulty Outfit, whether before or after a repair or replacement (if the replaced or repaired Outfit is still damaged or faulty), We will refund to You in full any Fee and other monies that You have paid. Any refund due to You will be made as soon as is reasonably possible, and in any event within 14 calendar days of the date on which We agree that You are entitled to a refund. Refunds will be made using the same payment method originally used by You unless You specifically request a different method.
4.2 You agree to treat all Outfits with great care and return them to Us in the same condition in which You received them. If You spill something on Our clothing or otherwise stain it, You are only permitted to soak the clothing and/or attempt to remove the stain provided such actions do not contravene the instructions on the care label attached to the clothing.
4.3 You are responsible for, and will be required to indemnify Us for, the non-return, loss, theft or any damage which may occur to Outfits that are not repairable and falls outside of the terms of the Deposit described in Clause 3. The indemnity required in these circumstances will be the cost of replacing the Outfit (or parts thereof), which is generally not the full retail value of the Outfit.
4.4 You will not be responsible for any pre-existing damage to Outfits that has already been identified under Clause 4.1 at the time of collection, for any damage or faults discovered under the same Clause, or for any fair wear and tear. Fair wear and tear is any damage that naturally and inevitably occurs as a result of normal wear of the Outfit, including minor stains, missing beads or sequins, stuck zippers or other insignificant damage. We reserve the right to determine in our discretion and on a case-by-case basis whether any damage to Outfits constitutes fair wear and tear under this Clause 4.4.
5. Product Disclaimer and Liability
5.1 Whilst We use all reasonable endeavours to ensure that Our Outfits are regularly inspected, maintained, washed, dry cleaned and/or replaced as necessary so that they are ready to wear, use of Our Outfits is entirely at Your own risk.
5.2 To the fullest extent permissible by law, We shall not be liable for any loss or damage that is not foreseeable, including for any health-related consequences associated with wearing the Outfit, including but not limited to any allergy to the materials themselves or the cleaning products used on them.
5.3 In any event, Our total liability under these Terms and Conditions shall be limited to the value of the contract between Us and You, that is, the total Fee payable by You for the Outfit.
6. Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control. This includes failure by the courier or Royal Mail to deliver within their specified delivery times, or where another customer has failed to return an item that You had previously reserved to hire. If the Force Majeure Event is caused by the non-return of an item by another customer, we will offer to supply You with an alternative item for no additional charge or else offer You a full refund (and this shall be the full extent of our liability).
7. Communication and Contact Details
We always welcome feedback from Our customers. If You wish to contact Us with questions or complaints, You may contact Us by email at email@example.com.
8. How We Use Your Personal Information (Data Protection)
8.1 All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the General Data Protection Regulation (GDPR) and Your rights under that Act.
8.2 We may use Your personal information to:
8.2.1 Provide Our products and services to You;
8.2.2 Process Your payments; and
8.2.3 Inform You of new products and services available from Us. You may request that We stop sending You this information at any time.
8.3 We will not pass on Your personal information to any other third parties without first obtaining Your express permission.
9. Other Important Terms
9.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions to a third party (this may happen, for example, if We sell Our business). If this occurs You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
9.2 You may not transfer (assign) Your obligations and rights under these Terms and Conditions without Our express written permission.
9.3 These Terms and Conditions are between You and Us. They are not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
9.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
9.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
10. Governing Law and Jurisdiction
10.1 These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.
10.2 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England.