This page (together with the documents referred to on it) tells you the terms and conditions on which we hire out any of the jewellery products (Products) listed on our website [www.hotrockshire.co.uk][www.jewelleryhireclub.co.uk] (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
[Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.]
1 About us
1.1 [www.hotrockshire.co.uk][www.jewelleryhireclub.co.uk] is a site operated by Jewellery Hire Club Ltd (we). We are registered in England and Wales under company number 6378902 and with our registered office at 13-17 High Beech Road, Loughton, Essex 1G10 4BN. Our main trading address is 32a High Street, Wanstead, London E11 2RJ. Our VAT number is 923 2922 43
2 Service Availablity
2.1 [Our site is only intended for use by people resident in the [United Kingdom][ England]. We do not accept orders from individuals outside [those][that] [countries][country].
3 Your status
3.1 By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding Contracts; [and]
(b) You are at least 18 years old;
(c) You are resident in one of the United Kingdom;
(d) You are accessing our site from that country;
(e) [You have accurately and honestly completed the membership application form on our site;] and
(f) You have an active bank account.
4.1 In order to hire Products through our site you must be one of our members.
4.2 We offer the following three levels of membership:
(a) Annual membership - Annual membership fee of £50.00 (including VAT).
(b) Monthly membership - monthly membership fee of £7.50 (including VAT). per month with payment taken from your chosen bank account on the same day each month.
(c) Guest membership - No membership fee.
The level of membership that you hold will dictate the hire and delivery charges that you will pay when hiring the Products. Please see our how it works page.
4.3 If you are a monthly or guest member you can upgrade your membership at any time by contacting us on [020 8530 1111 - email@example.com].
4.4 We reserve the right to terminate or [immediately] suspend your membership if we deem it appropriate. If we decide to terminate or suspend your membership we will notify you as soon as is reasonable possible after the decision to suspend or terminate has been taken.
4.5 You may terminate your membership at any time by providing us with not less than 14 days prior written notice.
4.6 You acknowledge and agree that if you are an annual or monthly member you shall not be enetitled to any refund of your membership fees should you decide to cancel your membership.
5 How the Contract is formed between you and us
5.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to hire a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The Contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
5.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5.3 We endeavour to send you the Dispatch Confirmation and the Products the same day that the order was made.
6 Availability and delivery
6.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7 Ownership of the products
7.1 The Products (including the packaging) shall remain our property at all times.
8 Hire charges and payment
8.1 The hire charges of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These hire charges include VAT but exclude delivery costs, which will be added to the total amount due.
8.3 Hire charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the hire charges for the Products listed on our site may be incorrect. We will normally verify hire charges as part of our dispatch procedures so that, where a Product's correct hire charge is less than our stated hire price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct hire charge is higher than the hire charge stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) hire charge, even after we have sent you a Dispatch Confirmation, if the charging error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-charing.
8.6 When you become a member you will be required to provide us with accurate, complete and current credit/bank card information for a valid card that you have been authorised to use.
8.7 By signing up (completing personal details to become a member via email) for the service, you authorise us or our agent to charge your credit/bank card the applicable fees to cover hire, postage and insurance (if taken) and any other charges you may incur in connection with the hire of the Products.
8.8 You also authorise us to take an authorisation of your credit/bank card details, which allows us to confirm there is sufficient credit available in your account to cover loss or damage if that were to occur whilst jewellery is hired to you. Such authorisation does not take any money from your account but ensures a sum of money is available in the account to cover any charges you may incur.
8.9 If we do not receive payment from your credit/bank card provider or if your credit/bank card expires or is rejected, you agree to pay all amounts due upon demand. We reserve the right to take all steps necessary to collect amounts due from you.
8.10 We or our agents reserve the right to determine whether your card is pre-authorised to accept a minimum charge equal to your membership fee, jewellery hire or both.
9.1 Deposits will be taken for members on orders of £1,000 retail value and above.
Deposits will be taken for non/guest member on all orders of the retail value and refunded on return of hire.
10 Our refunds policy
10.1 If you are not satisfied with Products you have hired you must contact us on the day that you receive the Product and we will arrange to provide you with a replacement Product or refund your account with the hire charge paid for that Product. Please note, if you choose to accept a refund rather than a replacement Product the Product must be returned to us the day after you have received the Product or the hire charge will not be refunded.
10.2 If you are not satisfied with a Product that you have purchased from us, you must contact us on the day that you receive the Product and the Product must be returned to us the day after you have received the Product. Upon receipt of the Product we will examine the returned Product and if we are satisfied that the Product is in a condition which justifies a refund we will notify you of your refund via e-mail within a reasonable period of time.
10.3 When Products are returned pursuant to clauses 10.1 and 10.2 all original packaging boxes/jewellery bags/pouches/ribbons etc should be returned in accordance with our returns policy section in clause 12.
10.4 We will usually refund any money received from you using the same method originally used by you to pay for your hire or purchase and refunds shall be made within 30 days of the date that the Products are received by us.
11 Delivery policy and charges
11.1 If you need your order to be delivered to an address other than the address provided to us when you applied for membership please make this clear when you place an order.
11.2 You are advised that once the Product is signed for at the given delivery address, you have sole responsibility for the Product until the item is returned to us and in our actual possession.
11.3 Our delivery charges are as follows:
(a) Annual and monthly members - £3.95 for the round-trip covering delivery to you and return to us.
(b) Guest members - £13.25 for the round-trip covering delivery to you and return to us.
11.4 Delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
11.5 Delivery and returns will be made by way of the Royal Mail Special (next day) delivery service. This service guarantes the delivery of the package before 1 pm the next day and the item will need to be signed for. If you cannot arrange for someone to be at the specified delivery address to sign for the package please use an alternative address and inform us of the alternative address when placing your order.
11.6 If you request that the Product(s) are delivered to an address not covered by Royal Mail Special (next day) delivery service or there is some other reason why we are unable to use this service we will arrange for delivery by similar alternative methods and you will be responsible for any additional charges that may arise.
11.7 There is a Minimum Hire of £10 per transaction.
12 Returning the products
12.1 On the agreed date of return just reseal your item in the original package and place in the returns envelope provided. Please ensure all original packaging boxes/jewellery bags/pouches/ribbons etc are returned.
12.2 Take the package to any Post Office and remember to keep the returns receipt until we email you confirmation of receipt of your item (which should be the next day).
12.3 We should receive the Product(s) next day before 1pm from day of despatch. Insurance is included while goods are in transit both ways.
12.4 All items must be returned at the agreed date and time. If Product is not returned by the agreed date you will be charged the daily rate for the hire of the Product for each day beyond the agreed date of return.
12.5 If the Product is not returned within 5 days after due date and you have not contacted us we will report the matter to the police and collection agencies.
13.1 Optional insurance for damage is available at an additional cost of £2.95, however it is not possible to cover for loss or theft. We shall not be responsible for the loss or theft of items that have been accepted by you or signed for at the address given for delivery. In the event of loss or theft of the Product(s) you will be liable for the cost of replacing the Product(s) up to a maximum of the retail value of the Product(s).
13.2 All items are covered for loss during transit. You should retain your postage receipt as proof of postage.
14 Damage to Jewellery
14.1 If a Product is damaged whilst it is your possession and you have chosen not to take out insurance cover (either through us or through another party) you will be liable for the costs of repairing the Product together with the hire charges lost through the unavailability of the Product.
14.2 If the damage is such that the item cannot be repaired you will be liable for the cost of replacing the Product(s) up to a maximum of the retail value of the Product(s).
15.1 Failure to pay for any loss, theft or damage (if no insurance cover is in place) within 28 days of the specified date for return of the Products will result in additional interest charges at a daily rate of 5% above the base lending rate of [Lloyds TSB] Bank plc on the outstanding sum until such time it is paid.
16 Allergic Reactions
16.1 We shall not be responsible for any adverse reaction suffered by you whilst wearing any item of our Products.
16.2 All earrings are cleaned and sterilised prior to the date of hire.
17 Purchase of jewlery
Items can be purchased but orders must be placed for these. Unfortunately you cannot keep the hired item as it would affect the hire system for other members and also the jewellery would not be as 'NEW' for your warranty. In the main orders can take between 4-8 weeks as all pieces are original but in some cases delivery can be much less.
18 Our liability
18.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
18.2 We shall not be liable for any damge to your clothing sustained as a result of wearing any of the Products supplied by us.
18.3 Our liability for losses (excluding damaging to items of clothing pursuant to clause 18.2) you suffer as a result of us breaking this agreement is strictly limited to the hire charge of the Product you hired.
18.4 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
18.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us however arising and whether caused by tort (including negligence), breach of Contract or otherwise.
19 Written communications
19.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For Contractual purposes, you agree to this electronic means of communication and you acknowledge that all Contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
20.1 All notices given by you to us must be given to [Hot Rocks Hire] [Jewellery Hire Club Limited] at 32a High Street, Wanstead, London E11 2RJ or by email at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 19 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
21 Transfer of rights and obligations
21.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
21.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
21.3 We may transfer, assign, charge, sub-Contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
22 Events outside our control
22.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
22.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Loss of our Products through theft.
(c) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(d) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(e) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(f) Impossibility of the use of public or private telecommunications networks.
(g) The acts, decrees, legislation, regulations or restrictions of any government.
22.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
23.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
23.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
23.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 19.
24.1 If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
25 Entire agreement
25.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
25.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
26 Our right to vary these terms and conditions
26.1 We have the right to revise and amend these terms and conditions from time to time.
26.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you immediately notify us to the contrary.
27 Law and jurisdiction
27.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Jewellery Hire Club Ltd T/A Hot Rocks Hire take the safeguarding of your privacy and confidentiality extremely seriously and therefore comply with the principles of the United Kingdom Data Protection Act 1998.
This act states that personal data will be:
Fairly and lawfully processed
Processed for Limited Purposes
Adequate Information, relevant and not excessive.
Not kept longer than necessary.
The Information we collect and how we use it.
When you register to become a member and use our services we need to know your name, postal address, phone no's and email address. To process an order we also need your credit card number and expiry date plus any security details that the credit/bank card processor may require. This information takes place in a secure environment where your details cannot be accessed by anyone except for processing staff. We confirm that your financial details are not stored once a transaction has taken place.