TERMS AND CONDITIONS OF HIRE
1. DEFINITIONS AND LAW
The complete contract is the document or documents that set out these terms and conditions and all other details relevant to a particular agreement and is hereinafter referred to as the “Contract”. The hired item(s) are those stated in the relevant contract and are hereinafter referred to as the “Equipment” or “Toys”. The “Hirer” is the person, company, firm, corporation or public authority taking the suppliers equipment on hire. The parties to the contract are the Supplier of the equipment and the Hirer named in the contract. This Contract shall be governed by and construed in accordance with the laws of England and Wales.
2. HOW OUR SERVICE WORKS
Mini Lodgers is an online baby equipment and toy rental service. It provides its customers with access to a comprehensive selection of baby equipment and stimulating and unique toys for babies and toddlers from newborn to 5 years old. We offer a variety of packages at varying price levels. To see these plans visit the Mini Lodgers website. Once you choose a plan, select the toys of your choice. Your toys will be sent out to you in a few days. If we are unable to supply one of your toys we will substitute a similar toy. You can personally collect from 20 Dalegarth Ave but you must agree a time for collection before arriving. Delivery Customers will receive toys delivered by our courier service and YOU WILL BE CHARGED a total fee of £10 per box (this includes both the delivery and return of the toys).
3. ALLOCATION, DELIVERY AND RETURN OF RENTED TOYS
We reserve the right to process orders and otherwise allocate and send Equipment and Toys and other Mini Lodgers products among our subscribers in any manner that we, in our sole and absolute discretion, determine. In addition, we will, in our sole and absolute discretion, determine the quantity of baby products and toys we purchase of any brand or type, their location within our distribution network and the level of staffing and number of deliveries to be processed at each distribution centre. As a result of the operational practices described in this section, we may not always send you the top toy choices you have selected to receive.
4. HYGIENE
Mini Lodgers takes the health and safety of your children very seriously. Toys are cleaned and disinfected using Milton Antibacterial products.
5. BASIS OF CHARGING
The hirer will pay the hire charge stated in the contract. Hire charges will commence from the time stated in the contract, and will continue during the period of hire until the equipment is restored to the Supplier in a clean and serviceable condition against the Suppliers receipt. All time is chargeable including Saturday, Sunday & Bank Holidays. All charges are payable on demand. Charges beyond the original hiring shall continue at a daily rate (parts of a day being payable as a full day) at twice the daily rate shown on the rental agreement. Any additional expense incurred by the Supplier in the recovery of the Equipment or any fees or expenses payable by the Hirer under this contract shall be payable in full by the Hirer with interest from the date incurred or due until payment at a daily rate equivalent to 4% above the Base Rate of the National Westminster Bank Plc over the equivalent period. Payment of any lesser sum that the amount due shall not discharge the Hirers obligations under this agreement.
6. MAXIMUM PERIOD OF AGREEMENT
If the Hirer is an individual or partnership (including an unincorporated body of persons) and not a limited company the contract will terminate no later than three months from the commencing date of the period of hire. In such circumstances the Hirer shall by not later than close of business on the penultimate day of the said three months restore the equipment to the Supplier. Equipment not restored to the Supplier will be subject to a charge equating to the financial loss to the Supplier.
7. EXTENT OF CONTRACT
The contract will come into being between the Hirer and the Supplier when the Hirer has placed an order detailing his requirements and agreeing to be bound by these Conditions and the Supplier has accepted the order.
8. MEMBERSHIP AND BILLING
Mini Lodgers requires customers to re-visit the website each month to select toys for their next toy box. The plan you choose will specify what the monthly cost is to you. You will need to pay for each order. If you wish to be billed automatically please email us and we will invoice you on an agreed date each month and issue you with a list of toys to construct a toy box with.
9. REFUND AND CANCELLATION
You may cancel your contract with Mini Lodgers at anytime. All equipment and toys must be returned to avoid being charged the full value of the product. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTHLY SUBSCRIPTION PERIOD OR FOR TOYS NOT PLAYED WITH OR UNUSED EQUIPMENT. To cancel your membership and receive your deposit back contact Mini Lodgers by telephone or e-mail. Contact Information can be found on the Mini Lodgers website. Upon cancellation, you will be given seven (7) days to return any outstanding rentals. Failure to return such rentals will result in your full deposit being kept. We reserve the right to terminate your account for any or no reason.
10. BILLING
By using the Mini Lodgers service, you are expressly agreeing that we are permitted to bill you for broken equipment or toys. As used in these Terms of Use, "billing" shall indicate either a charge or debit. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. Contact information is on the Mini Lodgers website.
11. RESPONSIBILITIES OF THE HIRER AND THE PERSON SIGNING
The person accepting/signing the Contract warrants that he has authority of the Hirer to make this Contract on the Hirer’s behalf and hereby agrees to indemnify the Supplier against all losses and costs that may be incurred by the Suppler if this is not so. The said person hereby acknowledges that he has been instructed in the safe and proper operation of the Equipment/Toys. The said person and the Hirer jointly and severally hereby undertake to ensure that no-one uses the Equipment who is not properly instructed and to ensure that every user is in possession of instructional material (if any) supplied by the Supplier and shall not allow the Equipment to be misused.
12. WHEN SIGNATURE FOR RECEIPT OF EQUIPMENT BECOMES OPERATIVE
Where, for administrative convenience, the Hirer or his agent is requested by the Supplier to sign a Contract before the goods are handed over, the Hirer or his agent agrees to examine the goods at the time of the physical hand-over and the effect of such signature will not become operative until immediately after the physical hand-over.
13. RESPONSIBILITY OF THE HIRER OR HIS AGENT
The Hirer or his agent shall be responsible for the loading and unloading of the Equipment at the address specified by the Hirer and likewise at the Supplier’s premised when transported by the Hirer or his agent, and any person supplied by the Supplier shall be deemed to be an employee of the Hirer or his agent at such times.
The Hirer’s responsibility for the Equipment commences on the receipt of the Equipment by the Hirer or his agent or on delivery as requested, and ends when the Hirer is in possession of the Suppliers unqualified receipt for all the Equipment. The Hirer will not sell or otherwise part with control of the Equipment.
The Hirer shall at all times and in all respects indemnify the Supplier against and from any and every expenses, liability, financial loss, claim or proceedings whatsoever in respect of any personal injury whatsoever (including but without prejudice to the generality of the foregoing, injury to the Hirer and injury to any servant employee or agent of the Hirer) and in respect of damage to or loss of any property whatsoever (including Equipment Indemnity as determined by Condition 10) arising out of or in connection with or consequent upon the hire, delivery, use, misuse, non-use, repossession, collection, return or non return of the equipment or any part thereof. This sub clause shall not apply in the case of a person dealing as a consumer as defined by the Unfair Contracts Terms Act 1977 where the expenses, liability, financial loss or claim or proceeding or damage or loss of any property aforesaid results from the breach of Contract or the negligence of the Supplier.
14. MAINTENANCE OF EQUIPMENT AND BREAKDOWN PROCEDURES
The Hirer shall keep himself acquainted with the state of and condition of the Equipment and ensure that it remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of the Equipment must be immediately notified to the Supplier.
In the event that equipment is broken upon delivery, contact Mini Lodgers within 24 hours of receiving the delivery, report the broken item and a credit will be issued for an additional item in the next rental order. If contact is not made within 24 hours of delivery Mini Lodgers will assume the item was damaged by the hirer and the hirer will be charged accordingly.
In the event that the return box/bag is lost or damaged you can return your Mini Lodgers equipment in any box. There will though be a charge of £8. Mini Lodgers is not responsible to mail customers a new return box/bag. Moreover the Hirer is responsible for the careful packing of items to ensure a safe return by the Courier service.
Under no circumstance shall the Hirer repair or attempt to repair the Equipment unless authorised by the Supplier. Such Equipment must be returned to the Supplier’s premises for examination or, when rectification elsewhere is requested, the Hirer agrees to pay carriage if requested by the Supplier.
15. CONSEQUENTIAL LOSS
The Supplier shall not be liable for any consequential loss to the Hirer including any expenses, liability, loss, claim or proceeding whatsoever caused by or arising out of the late delivery, non-delivery, unsuitability or lawful repossession of the Equipment, or any part thereof, or any breakdown or stoppage of same. Nothing in this clause shall affect statutory rights of a person dealing as a consumer as defined by the Unfair Contracts Terms Act 1977.
16. INDEMNITY FOR LOST, STOLEN, DAMAGED OR UNCLEAN EQUIPMENT
The Hirer agrees either to insure the Equipment against loss, theft or damage beyond repair on a “new for old basis or alternatively indemnify the Supplier in a similar amount. All monies received by the Hirer from an Insurance Company or any other source in settlement of such claims shall be held in trust by the Hirer and paid to the Supplier on demand. The Hirer shall not compromise any claim without the express consent of the Supplier.
17. NON-RETURNED, LOST, STOLEN, DAMAGED OR UNCLEAN EQUIPMENT
The Hirer accepts full responsibility for the care and safekeeping and return in good order of the Equipment.
The Hirer will pay to the Supplier all costs incurred by the Supplier rectifying the condition of any Equipment returned damaged or unclean. Additionally, the Hirer will pay to the Supplier a charge equalling to the financial loss of the Supplier until such rectification is complete.
In the case of Equipment which is lost or stolen or damaged beyond economic repair the Hirer shall in all cases meet the Hirer’s obligations under Condition 16. Additionally, in any case where the loss, theft or damage aforesaid results from any breach of contract or negligence on the part of the Hirer, the Hirer accepts liability to pay for all financial loss to the Supplier until the indemnity referred to in Condition 16 is paid. The Hirer’s liability under this condition shall be without prejudice to any other rights of the Supplier.
18. DETERMINATION OF HIRE
The Supplier shall be entitled at any time, if the Hirer is in breach of Contract, terminate this Contract (such termination to be effective immediately) and to repossess the Equipment or any part thereof.
19. RIGHTS OF ACCESS
The Hirer hereby authorises any Supplier (upon production of this document) to enter upon the premises where the Supplier reasonably believes any Equipment or any part thereof, to be, insofar as the Supplier in his absolute discretion deemed necessary, so as to inspect, test, repair, replace or repossess the same.
20. RIGHTS RESERVED
Any failure by the Supplier to enforce any or all of these conditions shall not be construed as a waiver of any of the Supplier’s rights hereunder.
21. SEPARATE TERM VALIDITY
Should any item in this Contract be held to be invalid, such invalidation will not affect the validity of the remaining items.
22. PRIVACY – COLLECTION AND USE OF INFORMATION
We keep track of your purchase history with us, including your site activity, equipment selections and correspondence. We use this information for such purposes as personalizing the site to better reflect particular interests, helping us quickly and efficiently respond to enquiries and requests and otherwise enhancing our service offering for our customers. We do not store any payment details. We use any personal information we ask for to process your registration, your orders and your payments, and to communicate with you on these and other topics. We also use your e-mail address to send you newsletters, as well as messages about Mini Lodgers promotional announcements and consumer surveys. Our deliveries that contain the baby equipment you ordered may also contain promotional items or advertisements. We do also share personal details as is necessary with our courier company.
ADDITIONAL CONDITIONS AND TERMS FOR TOY HIRE
Treating our toys gently and keeping them in the best possible shape is an essential part of the Mini Lodgers Toy Loan Scheme. Hirers must adhere to the following Toy Care Policies: 1. Unless a toy is a bath-time toy, Mini Lodgers toys are not for in-water use. 2. Unless a toy is a high-chair toy, please do not allow your children to handle the toys with food. 3. Mini Lodgers toys are not for use in mud, sand or dirt unless listed as such. 4. Members are to wipe down any toys with visible debris ie. food, dirt, etc. before returning the toys back to Mini Lodgers. Any toy that is returned heavily soiled ie. smeared with jelly, ketchup, etc. or corroded with sand or dirt may result in any additional cleaning fee of £5 per soiled toy. If the Mini Lodgers staff is unable to get any toy returned by a member clean enough to remain in the library the toy will be returned back to the customer and the customer will be billed for the wholesale cost of the toy plus the cost of postage back.
CONTACT
If you have questions concerning your account or any of these terms and conditions of hire please contact Customer Services at info@minilodgers.co.uk or Tel: 0800 917 7526