Terms and Conditions for Hiring Products and Just Browsing
Last updated on 30th March 2023
Parveen Dharar trading as Hat and Halo
TERMS AND CONDITIONS FOR HIRING PRODUCTS
AND JUST BROWSING
Welcome to Hat and Halo.
In these terms, we also refer to Hat and Halo as “our”, “we, or “us”. And you are you!
We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
What are these terms about?
These terms apply when you use this Website, being www.hatandhalo.com and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you hire our Products through this Website, including any ancillary supplies, documentation or boxes supplied with those Products (“Products”).
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
- PART A: Terms for when you hire Products (applies when you hire)
- PART B: Terms for when you browse and interact with this Website (applies when you browse)
- PART C: Liability and warranties, and interpretation provisions (applies to hiring and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or hire any Products unless you have read and agree to these terms.
I’ve returned to your shop, do I need read these terms again?
Once you place an Order, the terms of Part A accepted at the point of hire will apply to your hire of those Products. However, please note that we may change any part of these terms at any time by updating this page of this Website, so you may find that different terms apply next time you use this Website or hire Products. You can check the date at the top of this page to see when we last updated these terms.
YOUR KEY INFORMATION
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can cancel within 14 days. If you agree the services will start within this time, you may be charged for what you’ve used.
The Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
- if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;
- if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
A. FOR WHEN YOU HIRE PRODUCTS…
1. Information we give yoU
- By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This information is set out at the start of these T&Cs and elsewhere throughout our website. If you cannot access this information for any, you are welcome to contact us using the functionality on the website and we will provide you with a copy of this information.
- The key information we give you by law forms part of this contract (as though it is set out in full here).
- If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
2. SUBMITTING AN ORDER
- By submitting an order for hire of a Product using the Website’s functionality (Order) you represent and warrant that:(i) you intend to place a binding order to hire the Products;
(ii) you will return the Products on or before the date agreed at the time of placing your Order;
(iii) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(iv) you are authorised to use the debit or credit card you provide with your Order.
- Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
- Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
3. HIRE PERIOD
- When you place an Order, you are placing an order to hire the relevant Products for the chosen period as set out on your Order (Hire Period).
- We will use our best endeavours to ensure delivery of your Products to you prior to the commencement of the Hire Period.
- You must be available to accept delivery of the Products. You cannot refuse delivery of the Products
4. RIGHT TO CANCEL
- You have the right to cancel an Order within 14 days of placing an Order (Cancellation Period) without giving any reason. However, you do not have the right to cancel if you requested for us to start providing the services (i.e. your hire period commences) during the Cancellation Period and the services are fully performed during this period. This is further explained in clauses 4(c) and 4(d) below.
- To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement to us, for example by emailing us using the contact details available on our website or by using our model cancellation form available here. You are not obliged to use the model cancellation form.
- To meet the Cancellation Period deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the Cancellation Period has expired.
- We will not start providing the services during the Cancellation Period unless you ask us to. When you place an order for services, you will be given the option to tick a box to request for us to start providing the services during the Cancellation Period. By ticking the box, you acknowledge that you will lose your right to cancel this contract once the services are fully performed (ie the Products have been shipped to you). If you do not tick the box, we will not be able to accept an Order which requires us to ship the Products to you until the Cancellation Period has expired. We are not obliged to accept your request.
- This means that if you requested for us to start your Hire during the Cancellation Period and the Products are delivered to you during this period, you lose your right to cancel and will be required to pay the full price under this contract even if the Cancellation Period has not expired.
- This does not affect the rights you have if your Products or our services are faulty. A summary of these rights is provided at the top of this page.
- We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
- The Products are, and will at all times be and remain, the property of Hat and Halo. You will not have or accrue any right, title or interest in or the Products under these terms,
- Risk in the Products will pass to you on delivery in accordance with clause 8 and remain with you until the Products are returned to us. You are responsible for taking all appropriate precautions to protect the Products from damage or destruction until you return them to us, including following any instructions provided with the Products.
6. DEPOSIT AND DAMAGES
- We may require you to pay a deposit at the time you place an Order (Deposit).
- We will return the Deposit to you (using the same method you made payment of the Deposit) within a reasonable period following the return of the Products to us, subject to this clause 6.
- For the purpose of this clause, you acknowledge and agree that 2 weeks is a reasonable period.
- (Cleaning Fee) We reserve the right to charge a cleaning fee of £12 (Cleaning Fee) if the Products are returned to us and are marked, damaged or otherwise in our reasonable opinion require cleaning.
- In the event that a Product is damaged upon return to us, in our reasonable opinion, it cannot be repaired or returned to the state in which it was posted to you, then we reserve the right to apply all or part of the Deposit to cover our losses.
- Notwithstanding if we apply any part of the Deposit under this clause, we reserve the right to any other remedies (including without limitation any indemnity) under these terms and at law.
- Nothing in this clause 6 is intended to limit your rights at law.
- All prices are:
(i.) per unit (except where indicated);
(ii) in Pound Sterling; and
(iii) subject to change prior to you completing an Order without notice.
- (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
- (VAT) Unless otherwise indicated, amounts stated on the Website do not include VAT. In relation to any VAT payable for a taxable supply by Hat and Halo, you must pay the VAT subject to Hat and Halo providing a tax invoice.
- (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
- (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was hired (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
8. DELIVERY AND RETURN SHIPPING
- (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
- (Delivery Details) We may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
(i.) delivery is to the delivery point specifically accepted by Hat and Halo; and
(ii) we will deliver the Products to you in accordance with the shipping information displayed on our Website.
- (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
- (Returning at end of hire period) You are solely responsible for returning the Products to us at the end of your hire period. You must provide us with a tracking number for your Products once you have posted it back to us. We recommend you post the Products back to us using registered post with both tracking and insurance.
- (Late Returns) Additional costs will apply for each day that the Products are late to be returned to us after the end of the hire period. No amount of additional costs paid will limit or otherwise affect your obligation to return the Products to us.
- (International Orders) Hat and Halo reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
9. CHANGES TO YOUR ORDER
9.1 CANCELLATION BY US
We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
9.2 EXTENDING THE HIRE PERIOD
If you want to extend the hire period, you may do so using the functionality on our website (Extension). All Extensions are subject to availability and your payment of the additional fees displayed on our website from time to time.
9.3 RETURNS AND EXCHANGES
- We do not offer change of mind or change or size returns or exchanges.
- The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The services that we provide to you must be carried out with reasonable care and skill. In addition:
(i) where the price has not been agreed upfront, the cost of the services must be reasonable; and
(ii) where no time period has been agreed upfront for the provision of the services, we must carry out the services within a reasonable time.
- Your statutory rights under the Consumer Rights Act are set out at the top of these T&Cs. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
(i) contact us using the contact details at the top of this page; or
(ii) visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
- Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
- If the services we have provided to you are faulty, please contact us using the contact details at the top of this page.
- We will provide a full refund of the price paid for a Product if we determine that:
(i) a Product you have ordered was not received by you solely due to failure by us;
(ii) a Products provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
(iii) a Product is faulty, in accordance with clause 9.3(g).
- (Faulty products) The following process applies to any Product you believe to be faulty.
(i) If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).
(ii) If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.
(iii) If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return.
(iv) If we determine that the Product is faulty, you will be credited the full amount paid (including shipping costs). All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
(v) If you fail to comply with the provisions of this clause 9 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
(vi) Nothing in this clause 9 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
10. INTELLECTUAL PROPERTY
- Hat and Halo retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
- In this clause 10, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in England and Wales and throughout the world.
11. THIRD PARTY SUPPLIERS
- We may do any of the following:
(i) outsource any part of performing any services related to providing the Products, including delivery of your Products; or
(ii) procure materials and Products from third party suppliers;
without further notice to or permission from you.
- To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing those services or products.
B. FOR WHEN YOU BROWSE THIS WEBSITE…
12. ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
13. YOUR OBLIGATIONS
You must not:
- copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Hat and Halo;
- use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
- use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
- use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
- use the Website with the assistance of any automated scripting tool or software;
- act in a way that may diminish or adversely impact the reputation of Hat and Halo, including by linking to the Website on any other website; and
- attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
14. INFORMATION ON THE WEBSITE
- While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(i) the Website will be free from errors or defects (or both, as the case may be);
(ii) the Website will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website will be secure or confidential; and
(v) any information provided through the Website is accurate or true.
- We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
15. INTELLECTUAL PROPERTY
- Hat and Halo retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
- You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Hat and Halo or as permitted by law.
- In this clause 15, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in England and Wales and throughout the world.
16. THIRD PARTY TERMS AND CONDITIONS
- You acknowledge and agrees that third party terms & conditions (Third Party Terms) may apply.
- You agree to any Third Party Terms applicable to any third party goods and services, and Hat and Halo will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
17. LINKS TO OTHER WEBSITES
- The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
- Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
19. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
C. LIABILITY AND OTHER LEGAL TERMS…
20.1 LIMINATION ON OUR LIABILITY
- Except for any legal responsibility that we cannot exclude in law we are not legally responsible for any:
(i) losses that were not foreseeable to you and us when the contract was formed;
(ii) losses that were not caused by any breach on our part;
(iii) business losses; or
(iv) losses to non-consumers.
- To the maximum extent permitted by applicable law Hat and Halo excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by Hat and Halo.
- Claims for loss of or damage to Products in transit must be made against the carrier.
- (Indemnity) You indemnify Hat and Halo and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
(i) breach of any of these terms;
(ii) use of the Website; or
(iii) use of any Products or services provided by Hat and Halo.
- All express or implied representations and warranties in relation to Products and the associated services performed by Hat and Halo are, to the maximum extent permitted by applicable law, excluded.
- (Consequential loss) To the maximum extent permitted by law, under no circumstances will Example Company be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Example Company (except to the extent this liability cannot be excluded under law.
- Nothing in these terms or any Order will exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
- To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms or an Order, including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause will be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions will remain in full force and effect.
21. DISPUTE RESOLUTION
- A party claiming that a dispute has arisen under or in connection with these terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory injunction, unless that party has complied with the requirements of this clause.
- A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
- Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
22. 1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
22. THIRD PARTY RIGHTS
No one other than a party to this contract has any right to enforce any term of this contract.
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
22.5 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
22.8 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
- (singular and plural) words in the singular includes the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation;
- (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision; and
- (currency) a reference to £, or “pound”, is to British Pound Sterling currency, unless otherwise agreed in writing.
- A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
- Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,
whichever is earlier.