1. THESE TERMS
1.1 These are the terms and conditions on which we supply products to you. Please read these terms carefully before you submit your order to us.
1.2 In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.3 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Pro-Motion Hire Limited a company registered in England and Wales. Our company registration number is 05398264 and our registered office is at Northside House, 69 Tweedy Road, Bromley, Kent, England, BR1 3WA. Our registered VAT number is 853 9473 86.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0845 460 9988 or by writing to us at firstname.lastname@example.org or Management, 15 Newport Street, Vauxhall, London, SE11 6AJ.
3. OUR CONTRACT WITH YOU
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products.
4.2 Product descriptions. The following descriptions given to products have the following meanings:
4.2.1 “As New” – minimum to no usage. Cosmetically clean with only the lightest signs of use. Key components present and are unmarked and clean. All mechanisms smooth and lockable. Hour count: 0 – 100 hours of usage;
4.2.2 “Superb (-5%)” – light signs of usage. Minor marks cosmetically to main body of the item. Key components present, with minor marks or minimal signs of use. All mechanisms smooth and lockable. Hour count: 101 – 400 hours of usage;
4.2.3 “Good (-15%)” – fair signs of usage throughout body and components; paint missing to edges and base, wear to grips and mounts. Key components present with possible cosmetic wear. Glass or optics may have light marks but do not impact final media. All mechanisms functional but with possible resistance or stiffness. Hour count: 401 – 1,000 hours of usage;
4.2.4 “Moderate Usage (-25%)” – notable signs of usage throughout body and components. Paint missing to main body, dents or heavy marks may be cosmetically observed. Glass or optics may have deeper or larger marks but do not impact final media. All mechanisms functional with possible resistance or stiffness, unless noted otherwise. Hour count: 1,001 – 2,000 hours of usage;
4.2.5 “Extensive Usage (-33%)” – significant signs of usage throughout body and components. Paint missing to numerous surfaces, with dents, cracks or impact marks present. Glass or optics may show heavy marks and/or breaks which could have an impact on final media (see photos for example test images). Mechanisms may be non-functional or display significant resistance or stiffness, unless noted otherwise. Hour count: >2,000 hours of usage;
4.2.6 “Repair” or “Parts” – this item is suitable for repair or spare parts only and is sold as seen. All faults, non-functioning or partially functioning components are described in detail as per the item’s description. Items sold for repair or parts are not in working order. Please read full item description and see images for all detail pertaining to this item’s condition.
4.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. PROVIDING THE PRODUCTS
5.1 Delivery costs. The costs of delivery will be as displayed to you.
5.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.
5.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
5.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
5.5 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
5.6 When you own goods. You own a product which is goods once we have received payment in full.
6. RETURNS POLICY
6.1 Your rights to return your products. Your rights when you want to return your products will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
6.1.1 If what you have bought is faulty or misdescribed you may have a legal right to get the product repaired or replaced or to get some or all of your money back, see clause 8 if you are a consumer and clause 9 if you are a business;
6.1.2 If you want to return the product because of something we have done or have told you we are going to do, see clause 6.2;
6.2.3 If you are a consumer and have just changed your mind about the product, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
6.2 Returning your products because of something we have done or are going to do. If you are returning your product for a reason set out at clause 6.2.1 to 6.2.4 below our contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
6.2.1 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
6.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control;
6.2.3 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one months; or
6.2.4 you have a legal right to return the product because of something we have done wrong.
6.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
6.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
6.4.1 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
6.4.2 sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
6.4.3 any products which become mixed inseparably with other items after their delivery.
6.5 How long do consumers have to change their minds? If you are a consumer, you have 14 days after the day you receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery.
7. HOW TO EXERCISE YOUR RIGHTS (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
7.1 To exercise your rights set out above, please let us know by doing one of the following:
7.1.1 Phone or email. Call customer services on 0845 460 9988 or email us at email@example.com . Please provide your name, home address, details of the order and, where available, your phone number and email address.
7.1.2 By post. Print off and complete the Schedule 1 – Model Cancellation Form for consumer customers, and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
7.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Management, 15 Newport Street, Vauxhall, London, SE11 6AJ or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 0845 460 9988 or email us at firstname.lastname@example.org for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
7.3 When we will pay the costs of return. We will pay the costs of return:
7.3.1 if the products are faulty or misdescribed;
7.3.1 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
7.4 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
7.5 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
7.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
7.6.1 If we have not offered to collect your product, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
7.6.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
8.YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
8.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
8.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0845 460 9988 or email us at email@example.com for a return label or to arrange collection.
9. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
9.1 If you are a business customer we warrant that on delivery, and for a period of 14 days from the date of delivery (warranty period), any products which are goods shall:
9.1.1 conform in all material respects with their description and any relevant specification;
9.1.2 be free from material defects in design, material and workmanship;
9.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
9.14 be fit for any purpose held out by us.
9.2 Subject to clause 9.3, if:
9.2.1 you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 9.1;
9.2.2 we are given a reasonable opportunity of examining such product; and
9.2.3 you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
9.3 We will not be liable for a product’s failure to comply with the warranty in clause 9.1 if:
9.3.1 you make any further use of such product after giving a notice in accordance with clause 9.2.1;
9.3.2 the defect arises because you failed to follow our instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
9.3.3 the defect arises as a result of us following any specification supplied by you;
9.3.4 you alter or repair the product without our written consent; or
9.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
9.4 Except as provided in this clause 9, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 9.1.
9.5 These terms shall apply to any repaired or replacement products supplied by us under clause 9.2.
10. PRICE AND PAYMENT
10.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 10.2 for what happens if we discover an error in the price of the product you order.
10.2 What happens if we got the price wrong. It is always possible that, despite our efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
10.3 When you must pay and how you must pay. We accept payment all major credit and debit cards. Alternatively, you may pay by sterling bank transfers (bank details provided to you on request). You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
11.3 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 12.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
12.1 Nothing in these terms shall limit or exclude our liability for:
12.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
12.1.2 fraud or fraudulent misrepresentation; or
12.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
12.2 Except to the extent expressly stated in clause 9.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
12.3 Subject to clause 12.1:
12.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
12.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer you may transfer our guarantee at clause 6.4 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item.
14.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 14.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.4 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
14.5 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
SCHEDULE 1- Model Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the contract)
To: Pro-Motion Hire Limited
69 Tweedy Road
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods,
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.