Terms & Conditions of Online Hire Ordering

BACKGROUND:

These Terms and Conditions of Hire, together with any and all other documents referred to herein, set out the Terms and Conditions under which Equipment are hired by Us to consumers through this website, www.sehire.com (“Our Site”). Please read these Terms and Conditions of Hire carefully and ensure that you understand them before ordering any Equipment from Our Site. You will be required to read and accept these Terms and Conditions of Hire when ordering Equipment. If you do not agree to comply with and be bound by these Terms and Conditions of Hire, you will not be able to order Equipment through Our Site. These Terms and Conditions of Hire, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation
1.1 In these Terms and Conditions of Hire, unless the context otherwise requires, the following expressions have the following meanings:

“Contract” means a contract for the hire of equipment, as explained in Clause 8;
“Equipment” means the equipment hired by Us through Our Site;
“Order” means your order for Equipment;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means Stage Engage Limited , a company registered in England under 8912763, whose registered address is Old Wheatley Farm, Pocombe Bridge, Exeter, EX4 2HA, UK.

2. Information About Us
2.1 Our Site, www.sehire.com, is owned and operated by Stage Engage Limited. Our VAT number is 120 2105 93

3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is subject to our Website Terms and Conditions of Use http://www.sehire.com/using-this-site/. Please ensure that you have read them carefully and that you understand them.

4. Age Restrictions
4.1 Consumers may only hire Equipment through Our Site if they are at least 18 years of age.

5. Business Customers
These Terms and Conditions of Hire apply to all customers hiring Equipment through this website regardless of whether it is B2C or B2B.

6. International Customers
Please note that We only hire to customers in the United Kingdom. We do not accept orders from customers outside the United Kingdom or any customers not willing to collect Equipment from our designated collection depots.

7. Equipment, Pricing and Availability
7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Equipment available from Us correspond to the actual Equipment. Please note, however, the following:
7.1.1 Images of Equipment are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product hired due to differences in computer displays and lighting conditions;
7.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Equipment may vary.
7.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Equipment, not to different Equipment altogether. Please refer to Clause 11 if you receive incorrect Equipment (i.e. Equipment that are not as described).
7.3 Where appropriate, you may be required to select the required variation of the Equipment that you are hiring.
7.4 We cannot guarantee that Equipment will always be available. Stock indications are not provided on Our Site.
7.5 Minor changes may, from time to time, be made to certain Equipment between your Order being placed and Us processing that Order and you collecting the Equipment, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Equipment and will not normally affect your use of those Equipment. However, if any change is made that would affect your use of the Equipment, suitable information will be provided to you.
7.6 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.9 regarding VAT, however).
7.7 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to hire the Equipment at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 48 hours, We will treat your Order as cancelled and notify you of this in writing.
7.8 In the event that the price of Equipment you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
7.9 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7.10 Collection charges are not included in the price of Equipment displayed on Our Site. We do not offer collection as part of our express hire service, and all Equipment must be collected from a designated collection depot.

8. Orders – How Contracts Are Formed
8.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
8.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
8.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
8.4 Order Confirmations shall contain the following information:
8.4.1 Your Order Number;
8.4.2 Confirmation of the Equipment ordered;
8.4.3 Fully itemised pricing for the Equipment ordered including, where appropriate, taxes, collection and other additional charges;
8.4.4 Collection date(s) and time(s);
8.4.5 Collection depot.
8.5 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days.
8.6 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Equipment.

9. Payment
9.1 Payment for Equipment and related charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We confirm the order.
9.2 We accept the following methods of payment on Our Site:
9.2.1 Credit Card (excluding American Express);
9.2.2 Debit Card;
9.2.3 Any other methods accepted through the merchant portal;

10. Collection, Risk and Ownership
10.1 All Equipment hired through Our Site is to be collected from the agreed collection depot at the agreed time and date (subject to delays caused by events outside of Our control, for which see Clause 14).
10.2 If you are unable to collect the Equipment on the collection date, the following will apply:
10.2.1 If you do not collect the Equipment or rearrange collection before your hire commences, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange recollection or collection, We will treat the Contract as cancelled. If this happens, you will not be refunded the hire price of the Equipment. We may also bill you for any reasonable additional cost that we incur.
10.3 Should You cancel your Equipment hire
10.3.1 after having formally confirmed your hire (i.e. You have received Order Confirmation, or You have supplied Us with an official purchase order or any other form of written confirmation) then the amount of 15% of the full fee shall become due and – unless mutually agreed otherwise.
10.3.2 within 48 hours of the date of the booking, the full fee for the Equipment hire shall become due and payable.
10.4 Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Equipment.

11. Faulty, Damaged or Incorrect Equipment
11.1 By law, We must provide Equipment that are of satisfactory quality, fit for purpose, as described at the time of hire, in accordance with any pre-contract information We have provided, and that match any demos that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Equipment, that digital content must also conform. If any Equipment you have hired does not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Equipment, please contact Us at sehire@stageengage.com or call the office on 01392 927999 as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.
11.2 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Equipment before you hired them (and it is because of the same issue that you now wish to return them); if you have hired the Equipment for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Equipment for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Equipment to Us for a refund under Clause 11 merely because you have changed your mind.
11.3 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
11.4 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Equipment.
11.5 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

12. Events Outside of Our Control (Force Majeure)
12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
12.2 If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions of Hire:
12.2.1 We will inform you as soon as is reasonably possible;
12.2.2 We will take all reasonable steps to minimise the delay;
12.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms and Conditions of Hire (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
12.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Equipment as necessary;
12.2.5 If the event outside of Our control continues for more than 7 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 7 days of the date on which the Contract is cancelled;
12.2.6 If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience If you would prefer to contact Us directly to cancel, please use the following details:
Telephone: 01392 927999;
Email: sehire@stageengage.com;
Post: Old Wheatley Farm, Pocombe Bridge, Exeter, EX4 2HA, UK;
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 48 hours of the date on which the Contract is cancelled.

13. Communication and Contact Details
13.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 01392 927999, by email at sehire@stageengage.com or by post at Old Wheatley Farm, Pocombe Bridge, Exeter, EX4 2HA, UK.

14. Complaints and Feedback
14.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one. We nevertheless want to hear from you if you have any cause for complaint.
14.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from www.stageengage.com and www.sehire.com respectively.
14.3 If you wish to complain about any aspect of your dealings with Us, please contact Us using the contact details above.

15. How We Use Your Personal Information (Data Protection)
15.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
15.2 We may use your personal information to:
15.2.1 Provide Our Equipment and services to you;
15.2.2 Process your Order (including payment) for the Equipment; and
15.2.3 Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
15.3 In certain circumstances (if, for example, you wish to hire Equipment on credit), and with your consent. We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
15.4 We will not pass on your personal information to any third parties without first obtaining your express permission.

16. Other Important Terms and Conditions
16.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions of Hire (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions of Hire will not be affected and Our obligations under these Terms and Conditions of Hire will be transferred to the third party who will remain bound by them.
16.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions of Hire (and under the Contract, as applicable) without Our express written permission. We may not permit the assignment.
16.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions of Hire.
16.4 If any of the provisions of these Terms and Conditions of Hire are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions of Hire. The remainder of these Terms and Conditions of Hire shall be valid and enforceable.
16.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions of Hire means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions of Hire means that We will waive any subsequent breach of the same or any other provision.
16.6 We may revise these Terms and Conditions of Hire from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions of Hire as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Equipment you have already received.

17. Law and Jurisdiction
17.1 These Terms and Conditions of Hire, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.2 If you are a consumer, any disputes concerning these Terms and Conditions of Hire, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
17.3 If you are a business, any disputes concerning these Terms and Conditions of Hire, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

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Stage Engage Express Hire Department,
Old Wheatley Farm, Exeter, Devon, EX4 2HA

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