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Terms & Conditions

Terms and Conditions of Purchase and Hire

Please read the following terms and conditions carefully (“Terms”) before placing an order with us. Please check that they contain everything you want and nothing that you are not willing to agree to. If you are uncertain about any of the terms, please contact us.

By ticking to accept the Terms when placing your order with us (or verbally agreeing for us to tick the box where you place your order by telephone), you are accepting and agreeing to be bound by the provisions of the Terms, forming a binding contract between you and us.


KEY TERMS:

- PLEASE SPECIFICALLY REFER TO CLAUSE 19 WHICH DEALS WITH LIMITATION OF OUR LIABILITY.

- OUR LIMITED WARRANTY IS AS SET OUT IN CLAUSE 15.

- CONSUMER RIGHTS ARE SET OUT IN CLAUSES 14 AND 16.

- REFUND AND EXCHANGE RIGHTS ARE CONTAINED IN CLAUSES 10 AND 11.

- CHARGES FOR LATE AND NON-RETURNED HIRE ITEMS MAY BE INCURRED. SEE CLAUSE 7.

1 Who We Are and Contacting Us

1.1 In these Terms and Conditions:

• "we", "us" or "our" means Pursue Boundaries Ltd, with UK company number 10999019.

• "you" or "your" means the person or organisation (via its representative) purchasing or hiring an Item (defined below) from us.

1.2 You can contact us by post, email or telephone if you have any questions about these Terms or just want to get in touch. Please see the ‘Contact Us’ section of our website for details.

2 Your Acceptance of these Terms

2.1 When you place an order with us for the hire or purchase of any of the items offered for hire or purchase by us ("Item"), you agree to be legally bound by these Terms.

2.2 Please be aware that different terms and conditions apply to you depending on whether you are interacting with as a consumer (i.e. for purposes outside of your business, organisation, craft or profession, "Consumer") or as a business. Where the terms differ, this is specified.

2.3 If we have to change any key information, such as the price of the Item or the term of hire once a legally binding contract between you and us is made, we can only do this if you agree to it.

3 Age Restrictions

3.1 Children under the age of 13 may not enter into these Terms and parents or legal guardians may not agree to these Terms on their behalf. Children of 13 years of age and below 18 years of age may access our website under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not hire or purchase any Item. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of our website and the hire or purchase of any Item, including all legal liability he or she may incur.

4 Your Privacy and Personal Information

4.1 Our Privacy Policy is available on our website.

4.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and what to do if you have a query or complaint about the use of your personal information.

5 Ordering an Item from us

5.1 Below, we set out how a legally binding contract between you and us is made.

5.2 You place an order to purchase or hire an Item from us on our website or, in limited circumstances, directly by phone or in person. Please check your order carefully before submitting it.

5.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:

5.4.1 the Item is unavailable;

5.4.2 we cannot authorise your payment;

5.4.3 you are not allowed to purchase or hire the Item from us;

5.4.4 we are not allowed to sell or hire out the Item to you;

5.4.5 you have ordered too many Items; or

5.4.6 there has been a mistake on the pricing or description of the Item.

5.5 You acknowledge and agree that we may place limits on the hire or purchase of Items, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals or sales of an Item at our sole discretion, including but not limited to availability of the Item and geographic concerns.

5.6 We will only accept your order when we email you to confirm the Item is ready for collection by you or to provide you with delivery tracking details where it is being delivered to you and provided we have received payment of the Fee in full and cleared funds (“Confirmation Email”). At this point a legally binding contract will be in place between you and us (“Contract”).

5.7 Before accepting your order, we may at our discretion, request proof of identity, proof of residence and any other information from you that we consider reasonable in the circumstances.

5.8 We may, at any time, revise or change the pricing, availability, specifications, descriptions or features of any Item that is available for purchase or hire from us. Any changes that impact any Item that you have already purchased or hired, once a binding Contract has been formed will be made with your agreement.

5.9 The inclusion of any Item for hire or purchase on our website at a particular time does not imply or mean that the Item will be available at any other time. We reserve the right to change prices for Items displayed at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new prices for the Item, or (in the case of cancellation for a pricing error as described above), upon notification to you.

6 Item Hire

6.1 Where you hire an Item from us, it shall always be accompanied by our instructions for use.

6.2 The hired Item shall be inspected by us prior to and after each hiring and any found defects shall be rectified prior to re-hire.

6.3 When placing your order for your hire Item you will select your preferred hire start date, being the date on which you choose to receive your delivery of the Item or when you choose to collect the Item, as confirmed by us in the Acknowledgement Email (“Hire Start Date”) and preferred duration of hire.

6.4 The hire period (“Hire Period”) shall commence on the Hire Start Date and end on the date on which the duration of hire expires (“Hire End Date”), as confirmed by us in the Confirmation Email.

6.5 Notwithstanding clause 6.4, we will endeavour to deliver your Item/s to you on the working day before the start of your Hire Period to give you the chance to get it unpacked. Please contact us directly to let us know if you require your hired Item on a specific date and we will try to assist you.

6.6 You may extend your order for hire on our website, provided that we in our absolute discretion agree, and subject to pre-payment of the additional Fee applicable to that Item for the period of extension. Your extension of the hire will also be subject to these Terms.

6.7 Following the end of the Hire Period, the Item must be returned to us (whether by you or by a collection service that you have paid for) and received by us 3 clear working days following the Hire End Date (“Return Due Date”), otherwise you may be liable for additional charges (see clause 7 below). Where you return the Item earlier than the Return Due Date, you shall not be entitled to any money back from us.

6.8 Where you are hiring an Item from us, the Contract shall terminate automatically 14 days after the Item has been returned to us in accordance with the Terms.

6.9 You acknowledge and agree that we shall at all times retain title and ownership of the Item and you, as the hirer, shall not do or allow to occur anything which might adversely affect our right, title or interest in the Item.

6.10 For the avoidance of doubt, where the Item is being hired by a representative, agent or employee of an organisation on behalf of the organisation, the organisation shall at all times remain fully liable for the acts or omissions of that representative, agent or employee in accordance with these Terms.

7 Late Return Charges

7.1 If you return an Item late or not at all, a penalty charge will be payable by you for every day that you are late returning each Item. This charge will be charged to the payment card you used to pay the Fee or to any other payment card included in your account information that you have provided to us, or our payment provider. The applicable charge will depend on the Item hired. Please refer to Table 1 in the Appendix at the end of these Terms for applicable charges. You agree to pay such late charge, up to an amount not to exceed 100% of the replacement value of a new version of that Item, plus any hire Fee applicable on a daily basis, calculated on a pro rata basis.

7.2 If you have not returned an Item to us within 14 days of the Return Due Date, your late return of the hired item will be considered a non-return. At this point, provided the above-mentioned late charges and additional hire Fee have been paid by you in full, the Item is yours to keep, on an “as is” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this clause.

8 Your Obligations regarding the Hire Item

8.1 You shall take proper care of the Item and maintain the Item in good working condition and repair.

8.2 You shall operate and use the Item only for the purposes for which it was designed and, where applicable, in accordance with the instructions for use which we will provide with the Item.

8.3 You acknowledge that we are not qualified to advise you in relation to any aspects of physical exercise or personal health. You should consult your doctor or medical practitioner before undertaking any strenuous exercise concerning any Item.

8.4 You shall ensure that all users of the Item are suitably trained in accordance with any operating instructions or instructions of use.

8.5 The hire Item shall not be altered, modified, adjusted, defaced or repaired by you or by another during your Hire Period. Doing so will render you liable for the full replacement cost of the Item.

8.6 You agree that you shall return the Item in a clean and tidy condition, as applicable depending on the Item hired. You agree that you shall refer to and comply with the applicable washing instructions provided with the Item. Where the Item is returned and still needs to be cleaned by us, as we in our absolute discretion determine, a cleaning fee shall be charged to you per Item, and you agree to pay such charge for the effective cleaning thereof. Please refer to Table 2 in the Appendix for the applicable charge, which depends on the Item hired.

8.7 You further agree that you shall return the hire Item to us in the same condition as it was in when you received it. You are responsible for loss, destruction or damage to the Item due to theft, mysterious disappearance, fire, major stains, or any other cause, other than normal wear and tear. Normal wear and tear covers minor stains, rips, or other minor damage. If you return an Item that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Item, as determined at our discretion, up to the replacement value for the Item (in addition to any applicable Fees).

8.8 You agree that you shall notify us immediately on discovery of any loss and/or damage to the Item.

9 Delivery and Collection

9.1 For information on delivery options and costs, visit our website. During the online checkout process, you will be given available delivery and collection options to choose from.

9.2 Deliveries are usually fulfilled by our delivery partners, which may change from time to time at our discretion.

9.3 The estimated date for delivery of the Item will be sent to you prior to delivery. Where you have elected to collect the Item, the date that it will be ready for collection will be notified to you.

9.4 Once your order is dispatched you will be notified with tracking details.

9.5 Delivery will take place at the address specified by you when you placed your order with us. You may also choose to collect your order from us in Surrey from the following address: Main Gate House, Redhill Aerodrome, Kings Mill Lane, Redhill, Surrey, RH1 5JY.

9.6 If you have any queries on the whereabouts of your delivery, please contact us and our team will assist you.

9.7 If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.

9.8 Unless you and we agree otherwise, if we cannot deliver your Item within 30 days of the date of your Confirmation Email, we will:

9.8.1 let you know;

9.8.2 cancel your order; and

9.8.3 provide you with a refund.

9.9 If nobody is available to take delivery, please contact us. See the ‘Contact Us’ section of our website for details. If after a failed attempt at delivery to you, you do not re-arrange delivery or collect the Item from a delivery depot, if applicable, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may terminate our Contract with you and refund the Item Fee paid, excluding applicable delivery costs.

9.10 We use reusable sustainable packaging for many of our hire Items. If you are hiring an Item, you must keep storage of the original packaging that the Item arrives in during your Hire Period and notify us of any damage to the Item packaging. The Item must be returned to us in the same packaging which must be in the same condition. A fee equivalent to the replacement value of the applicable packaging shall be payable by you where you do not return the Item in the original packaging or the packaging is damaged by you.

9.11 You are responsible for the Item once it has been delivered to the address specified by you when you placed your order with us and/or collected from our premises. In other words, the risk in the Item passes to you when you take, or a third party notified by you takes, possession of the Item, whether for hire or purchase.

9.12 Where you are purchasing an Item from us, title to the Item shall pass on receipt of payment by us in full and cleared funds.

10 Returns and Exchanges for Purchased Items

10.1 You have the right to cancel this Contract in respect of purchased items within 14 days of it being formed without giving any reason (this does not apply to hired Items). The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Item.

10.2 To exercise your right to cancel in relation to purchased Items, you must deliver the Item back to us, at your cost, or pay the applicable charge to have the Item collected from you. The Item must be in the condition it was in when it left us, the Item must be unworn and/or unused (as applicable) and the labels must still be intact (where applicable). You must include your Item returns form with the Item to enable us to identify the Item being returned. If you have lost your returns form, you can either contact us and we will send you a new form or please simply include your name, contact details and order number with your Item in your returns package.

10.3 If you cancel this Contract in respect of a purchased Item, we will refund to you the Fee received from you, excluding the costs of delivery where applicable (subject to clauses 10.4 below).

10.4 We may make a deduction from the refund for loss in value of any Item supplied, if the loss is the result of unnecessary handling or use by you. You are only liable for any diminished value of the Item resulting from your handling other than what is necessary to establish the nature, characteristics and functioning of the Item.

10.5 We will make the reimbursement without undue delay, and not later than:

10.5.1 14 days after the day we received back from you any Item supplied; or

10.5.2 (if earlier) 14 days after the day you provide evidence that you have returned the Item; or

10.5.3 if no Item was supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.

10.6 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

10.7 We do not accept exchanges for purchased Items. If you wish to exchange a purchased Item for an alternative Item, you will need to return that Item as per clauses 10.1 and 10.2 above and purchase a new Item.

11 Consumer Returns and Exchanges for Hired Items

11.1 This clause 11.1 is only applicable to our Consumer customers. In respect of hired Items, Consumers may choose to cancel your order placed with us within 14 days from the date of the Acknowledgement Email. However, your right to cancel expires on the date on which the Item is despatched to you, provided the cancellation notice is received and accepted by us before the item has been despatched and delivery charges have been incurred, or the date on which it is ready for collection, as applicable.

After this time, any hire cancellation will be permitted only at our absolute discretion. Please contact us if you wish to discuss this.

11.2 In relation to hired clothing Items, if an Item does not fit and you wish to change the size, please contact us by email or phone within 48 hours of receiving your Item and we will attempt to arrange a new size to be delivered to you (subject to availability).

11.3 For any exchange request for other hired Items, please contact us by email or phone within 48 hours of receiving your Item, letting us know the reason for the required exchange and we will attempt to assist you, subject to availability of an alternative Item. Additional Fees may be payable by you depending on the requested exchange.

11.4 In relation to exchanges made in accordance with clauses 11.2 and 11.3, you will need to pay the delivery fee to send the exchanged Item back to us (together with all packaging, if applicable). You will additionally need to pay the delivery fee to have the new Item sent to you. We will not issue the replacement Item until the original Item has been received back and payment for delivery received in full and cleared funds. This will not affect the Hire Period or Fee payable.

12 Fees

12.1 The relevant fee for hire or purchase of the Item is as set out on our website (“Fee”). The Fee is inclusive of VAT.

12.2 Delivery costs, where applicable, are payable by you in addition to the Fee.

12.3 In addition, for hire Items, you hereby authorise us (or our payment services provider) to charge your payment card for an amount equal to 100% of the then current market replacement value of the Item (when new) as determined by us at our sole discretion. You should not place a hire order for a hire Item unless you have sufficient funds in the account to which the payment card relates to cover the aforementioned replacement value as well as the applicable Fee. We reserve the right (and you hereby authorise us to) charge your payment card for any amount up to the replacement value of the Item at any time where such amount is due and payable under these Terms.

13 Payment

13.1 When you purchase or place and order to hire an Item, you (a) agree to pay the price for such Item as detailed on our website, including all applicable delivery charges and all applicable taxes in connection with your purchase, and (b) authorise us to charge your credit card or other payment method for this full payment amount.

13.2 Our website store is hosted on Shopify Inc.. Shopify Inc. provides us with the online e-commerce platform that allows us to sell our products and services to you. The operation of this is subject to the third party’s terms and conditions, including privacy terms, and you should read them separately where applicable.

13.3 Payment of all fees due be made by credit card, debit card, PayPal, Google Pay, or other means that we may make available from time to time. This process may be subject to the third party payment provider’s terms and conditions, including privacy terms, and you should read them separately where applicable.

13.4 All payments by credit card or debit card need to be authorised by the relevant card issuer.

13.5 You agree to provide current, complete and accurate purchase and account information for all orders placed. You agree to promptly update your account and other information, including but not limited your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

13.6 If you do not pay for the Item and fail to return it in accordance with these Terms, we may collect it from you at your expense. We will try to contact you to let you know if we intend to do this. In such circumstances, you agree to pay our costs of collection, including without limitation our reasonable associated legal fees.

13.7 If your payment of any fees payable under these Terms is not received by us in accordance with the above, we may charge interest on any balance outstanding at the rate of 4% per year above the Bank of England’s base rate.

13.8 If the Contract expires or terminates for any reason, it will not affect our right to receive any money which you owe to us under these Terms.

13.9 We have the right to request any information to identify or verify the payer’s identity, as well as to prevent fraud. We reserve the right to terminate, suspend or limit access to the Item available for hire or purchase if your information cannot be obtained or verified.

13.10 You are fully responsible for the accuracy and completeness of the information relating to your payment method. We are not responsible for any losses incurred as a result of you providing incorrect information when making payment.

14 Your Statutory Rights

This clause 14 is only applicable to our Consumer customers.

14.1 The Consumer Rights Act 2015 gives you, as a Consumer, certain legal rights (also known as ‘statutory rights’). The Item that we provide to you must be as described, fit for purpose and of satisfactory quality. We are under a legal duty to supply you with the Item that is in conformity with this Contract.

14.2 We have made every effort to display as accurately as possible the colours and images of our Item on our website, however we cannot guarantee that your computer monitor’s display of the Item is accurate. The packaging and colours of the Item may differ from that shown on the site.

14.3 Any Item sold or hired out at discount prices, as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

14.4 If we cannot supply a certain Item, we may need to substitute it with an alternative Item of equal or better standard and value. In this case:

14.4.1 we will let you know if we intend to do this but this may not always be possible; and

14.4.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

15 Limited Warranty

This limited warranty is applicable to Items that have been purchased only. It is not applicable to hired Items.

15.1 We do not warrant that the quality of the Item, information, or other material purchased by you will meet your expectations or requirements.

15.2 We provide the limited warranties set out below in relation to the Item purchased by you from us during normal use and during the applicable warranty periods described below, subject to the Terms and for use of the Item in the UK only.

15.3 This warranty is in addition to (and not instead of) the other statutory rights that you may have in relation to the purchased Item (set out in clause 14 above). Your statutory rights are unaffected by this warranty.

15.4 This warranty is only valid for an Item purchased for use in a non-commercial setting.

15.5 This warranty applies only against defects in materials and workmanship in the Item, and not those issues that occur as a result of normal wear and tear, misuse, or those that occur outside of the Terms.

15.6 This warranty may be transferred to another person (for example if you sell your Item, if purchased by another), however we reserve the right to request proof of transfer of ownership or purchase before enabling that other person to benefit from this warranty.

15.7 The warranty period commences on the date of delivery of the Item to your nominated delivery address, or on collection by you of the Item (“Warranty Start Date”). Where you choose to purchase an item having previously hired it, the warranty period commences on the date on which the invoice for the purchased item is paid in full by you.

15.8 We warrant the components and all original parts of the Item, against defects in workmanship and materials for the following period, starting from six (6) months from the Warranty Start Date:

15.8.1 a period of six (6) months from the Warranty Start Date; or

15.8.2 from the Warranty Start Date for the duration of the remaining period of the Item’s manufacturer’s warranty, provided it exists, is still active and is still applicable to the Item.

whichever is the shorter period. Where no manufacturer’s warranty exists, is still active or applies to the Item, no warranty will apply at any time in respect of that Item.

15.9 At our option, and where applicable, we may replace defective parts with new parts or serviceable used parts that are substantially equivalent to new parts in performance. Any replacement or repaired component shall be warranted for the remainder of the original warranty period detailed in clause 15.8 above, or for any additional period that is required by applicable law.

15.10 In the event that necessary parts required for a satisfactory repair as outlined in this warranty are not and will not be available in a reasonable period of time, or if repair is not possible in relation to the Item, we may, at our discretion and to the extent permitted by law, refund to you the purchase price of the defective Item, excluding the applicable delivery charges.

15.11 This limited warranty shall NOT apply to the following:

15.11.1 Any Item used in any commercial setting.

(a) Any Item that has been hired from us.

15.11.2 Pre-loved items, as well as ex-demo and ex-hire Items, i.e. it shall only apply to brand new purchased Items.

15.11.3 In the event of the circumstance in clause 7.2 above.

15.11.4 Any Item that we reasonably believe to be, stolen, counterfeit, or missing serial numbers.

15.11.5 Damage or equipment failure due to normal wear and tear, improper or negligent assembly, maintenance, installation, relocation, or repair, except for repairs performed by us.

15.11.6 Where applicable, structural, functional or cosmetic damage, including rust, corrosion and unusual wear, caused by improper or misuse.

15.11.7 Damage or Item failure caused by external electrical wiring not in compliance with electrical codes or our user guide specifications or by failure to provide reasonable and necessary maintenance as outlined in our user guide.

15.11.8 Where applicable, software, even if sold with or embedded in the Item, or Internet connectivity.

15.11.9 Damage or Item failure due to accident, abuse, improper or abnormal use, neglect, corrosion, discoloration of paint or plastic (or any other change in cosmetic appearance that does not affect performance), theft, vandalism, fire, flood, wind, lightning, freezing or other natural disasters or acts of God of any kind, external electrical wiring, power reduction, power fluctuation or power failure from whatever cause, unusual atmospheric conditions, collision, introduction of foreign objects, or modifications that are unauthorised or not recommended by us.

15.11.10 The cost of labour, parts, repairs, or replacement in the UK.

15.11.11 Service calls to correct installation of the Item or instruct you on how to use the Item.

15.12 To be eligible for service under this warranty you must contact us upon discovering (and in any event within 7 days of discovering) any nonconformity or defect and provide all relevant reasonable information that we request from you, including but not limited to proof or hire or purchase and serial number of the Item. indicating the date of purchase. To claim under this warranty, you must make the affected Item available for inspection by us or our service representative within ten (10) days of notifying us of your claim. Claims must be made within the specified warranty period set out in clause 15.8. We will pay the reasonable costs of delivery back to us or a nominated third party for repair.

16 Consumer Rights for Faulty Items

This clause 16 is applicable to Consumer customers only.

16.1 If you are a Consumer and your Item is faulty, please contact us. See the ‘Contact Us’ section of our website for details.

16.2 Notwithstanding clause 15, as a Consumer, you have certain legal rights under the Consumer Rights Act 2015 (also known as you ‘statutory rights’) and you are entitled to the following:

16.2.1 up to 30 days from purchase or hire: if your Item is faulty, as satisfactorily evidenced by you, you can get a refund of the Fee paid, excluding applicable delivery charges;

16.2.2 up to six months from purchase or hire: if your Item is faulty, as satisfactorily evidenced by you, we will attempt to repair or replace the Item. If this cannot be done, you may be entitled to a refund of the Fee paid, excluding applicable delivery charges.

17 Non-Consumer Rights for Faulty Items

17.1 If you are not a Consumer, on delivery of your Item you must inspect it for any defects.

17.2 In the event that a defect is discovered on such inspection, you must report the defect to us within 48 hours of delivery of the Item to you. Should the report not be filed within this period, any claims relating to apparent defects shall expire. Use or processing of the Item shall be deemed to be an unconditional acceptance of the Item and a waiver of all complaints in respect of the Item.

17.3 In the event that your Item is faulty, as satisfactorily evidenced by you and accepted by us, we will attempt to repair or replace the Item, at our absolute discretion. In the event that this cannot be done, we will refund to you the Fee paid, excluding applicable delivery charges.

18 End of the Contract and Termination

18.1 We may terminate the Contract with you without any liability by telling you that we are doing so, if you are in breach of any of the Terms, or in default of any payment due, or if in our sole opinion you may become in breach or default, including but not limited to during the Hire Period.

18.1 We may terminate the Contract with you without any liability by telling you that we are doing so, if you are in breach of any of the Terms, or in default of any payment due, or if in our sole opinion you may become in breach or default, including but not limited to during the Hire Period.

18.3 The obligations and liabilities of the parties incurred prior to expiry or termination shall survive the expiry or termination of the Contract.

19 LIMITATION OF OUR LIABILITY

19.1 WHILE WE WILL CLEAN AND INSPECT EACH HIRE ITEM SENT TO YOU, USE OF THE ITEM IS AT YOUR OWN RISK AND WE SHALL NOT BE LIABLE FOR ANY HEALTH-RELATED COMPLAINTS ASSOCIATED WITH ANY ITEM/S.

19.2 EXCEPT FOR ANY LEGAL RESPONSIBILITY THAT WE CANNOT EXCLUDE IN LAW (SUCH AS FOR DEATH OR PERSONAL INJURY) OR ARISING UNDER APPLICABLE LAWS RELATING TO THE PROTECTION OF YOUR PERSONAL INFORMATION, WE ARE NOT LEGALLY RESPONSIBLE FOR ANY:

19.2.1 LOSSES THAT WERE NOT FORESEEABLE TO YOU AND US WHEN THE CONTRACT WAS FORMED;

19.2.2 LOSSES THAT WERE NOT CAUSED BY ANY BREACH ON OUR PART;

19.2.3 ANY BUSINESS LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF CONTRACT, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY; OR

19.2.4 LOSSES TO NON-CONSUMERS.

19.3 SUBJECT TO CLAUSE 19.4, OUR TOTAL LIABILITY TO YOU UNDER THESE TERMS, OR OTHERWISE, FOR LOSS OR DAMAGE, HOWEVER ARISING, SHALL NOT EXCEED 10 TIMES THE APPLICABLE FEE PAID IN RELATION TO THE HIRED OR PURCHASED ITEM.

19.4 WE DO NOT IN ANY WAY EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

20 Events Beyond our Control

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including but not limited to, strikes, lock-outs, or other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, or epidemics or pandemics.

21 Miscellaneous

21.1 If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.

21.2 No one other than a party to this Contract has any right to enforce any term of this Contract.

21.3 Nothing in these Terms will be deemed to create any partnership, joint venture or agency relationship between us.

21.4 We may transfer our rights and obligations under these Terms to another organisation. We will notify you if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these Terms to another if we first agree in writing.

21.5 These Terms, together with our Privacy Policy, constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter. You acknowledge that in accepting these Terms, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy Policy.

22 Disputes and Applicable Law

22.1 We will try to resolve any complaints or disputes with you quickly and efficiently. If you are unhappy with the Item you ordered, our service to you or any other matter, please contact us as soon as possible. See the ‘Contact Us’ section of our website for details.

22.2 If a complaint cannot be resolved you have the right to commence court proceedings.

22.3 The laws of England and Wales apply to this Contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

22.4 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

Appendix

Table 1: Late Charge

Applicable daily charge for late or non-return of hired Items:

Item product group

Daily Late Charge

(charge per day)

Garments: Wetsuit / Ski Clothing

£10

Stand Up paddleboard/Kayak

£15

Bike Trailer

£15

Turbo Trainer

£15

Table 2: Cleaning Charge

Applicable cleaning charge depending on Item hired:

Item product group

Cleaning Charge

(per item)

Garments: Wetsuit / Ski Clothing

£15

Stand Up paddleboard/Kayak

£25

Bike Trailer

£25

Turbo Trainer

£25