BACKGROUND:

 

These Terms and Conditions are the standard terms which apply:

 

  1. to the hire of baby equipment by Tiny Tots Rentals whose main trading address is 35a Astbury Road, London, SE15 2NL.

 

  1. where You are hiring baby equipment as a “Consumer” as defined in Clause 1 of these Terms and Conditions.

 

 

  1. Definitions and Interpretation

    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

 

“Business”

means any business, trade, craft, or profession carried on by You or any other person/organisation;

“Business Day”

means, every day including a Saturday, Sunday and bank holiday;

“Calendar Day”

means any day of the year;

“Consumer”

means  a “Consumer” as defined by the Consumer Rights Act 2015, that is to say an individual who hires baby equipment for his/her personal use and for purposes wholly or mainly outside the purposes of any Business;

“Contract”

means the contract for the hire of the baby equipment by You from Us, as explained in Clause 3;

“Deposit”

means the sum payable at the time of Your Order that is required to secure your Order;

“Baby equipment”

means any and all baby equipment supplied by Us and hired by You subject to these Terms and Conditions;

“Hire Period”

means the period for which You will hire the baby equipment;

“Month”

means a calendar month;

“Price”

means the total price payable for the hire of the baby equipment;

“Order”

means Your order for the baby equipment;

“Order Confirmation”

means Our acceptance and confirmation of Your Order as described in Clause 3;

“Security Deposit”

means the sum payable under sub-Clause 7.5 to cover the non-return, loss, theft or non-accidental damage of the baby equipment;

“We/Us/Our”

means Tiny Tots Rentals whose main trading address is 35a Astbury Road, London, SE15 2NL ; and

“You”

means you, the hirer of the baby equipment.

 

  1. Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.

  2. Each reference the singular number shall include the plural and vice versa where appropriate.

 

  1. Information About Us

    1. We are Tiny Tots Rentals and our main trading address is 35a Astbury Road, London, SE15 2NL.  Hire of equipment is conducted exclusively online.

  2. The Contract

    1. These Terms and Conditions govern the hire of baby equipment from Us and will form the basis of the Contract between Us and You. Before completing Your Order, please ensure that You have read these Terms and Conditions carefully. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification.

    2. Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.

    3. A legally binding contract between Us and You will be created upon Our acceptance of Your Order, indicated by Our Order Confirmation, and Your payment of the Deposit. Order Confirmations will be provided in writing.

 

  1. Baby Equipment Details

    1. We use all reasonable endeavours to ensure that the baby equipment is regularly maintained, cleaned, repaired and safety checked, and/or replaced as necessary.

 

  1. Your Order and Rules of Hire

    1. When making Your Order, You will be required to supply the following information:

      1. Name;

      2. Address;

      3. Payment information;

      4. Type of baby equipment you are wanting to hire

      5. Duration of hire period.

  2. The following rules apply to Your hire and use of the baby equipment:

    1. Hirer is expected to pay the rental fees 7 days prior to date of delivery or at time of confirmation of order, if date of delivery is less than 7 days;

    2. Rental fees for periods exceeding original rental dates are payable immediately on demand and include weekends and holidays;

    3. Baby equipment hire is subject to availability;

    4. Rental fees are charged from date of commencement and continue for the duration of the rental period.

  3. Hire Period

    1. The Hire Period shall be chosen in Your Order and confirmed in Our Order Confirmation.

    2. Unless it is expressly stated otherwise, the Hire Period begins at the agreed time on the first day of the Hire period and ends at time the baby equipment is returned in a clean, working, original condition on the final day of the Hire Period.

    3. Unless We expressly agree otherwise (and confirm that agreement in writing), no Hire Period may exceed 31 calendar days.

    4. You may extend the Hire Period by contacting Us via email. Extended Hire Periods shall be charged at Our normal daily rate.

 

  1. Fees and Payment

    1. When placing Your Order, You will be required to pay a Deposit to secure your Order.

    2. The Price for the baby equipment selected will be that shown in Our pricelist on our website current at the time of Your Order.

    3. We may, from time to time, offer special prices, discounts and other promotional offers. Any such special prices will be valid only for the period advertised. Orders placed during such a period will be accepted at the special price even if We do not accept the Order until after the period has expired.

    4. The balance of the Price (i.e. the full payment) should be made upon our Confirmation of your order and certainly 7 days before the start of the Hire Period.

    5. All Prices include VAT. If the rate of VAT changes between the date of Your Order and the date of Your payment of the Price, We will adjust the rate of VAT that You must pay. Changes in VAT will not affect any Prices where We have already received payment in full from You.

 

  1. Cancellation

    1. You may cancel Your Order at any time before the start of the Hire Period subject to the following:

      1. For Orders cancelled more than 24 hours before the start of the Hire Period, there will be no charge and Your Deposit will be refunded in full.

      2. For Orders cancelled less than 24 hours before the start of the Hire Period, the balance of the full Price will be payable.  We will retain the hire fee but refund the deposit in full.

  2. We may, at Our sole discretion, reduce or waive any of the charges detailed above if Your cancellation is due to exceptional circumstances.

 

  1. Collection, Delivery, Hire and Return

    1. The Hire Period begins on the date stated in the Order Confirmation. This is the time from which the equipment will be ready for collection from the store.

    2. You should check the baby equipment at the time of collection or delivery. If there are any items missing or if there is any visible damage to the equipment, You should inform Us immediately. We will use all reasonable endeavours to replace missing items or damaged equipment.

    3. We are required by law to provide consumers with goods that are of satisfactory quality, fit for purpose, and in accordance with descriptions, samples, models and other pre-contract information provided by Us. If You discover any damage (pre-existing) or fault with the baby equipment during the Hire Period, please inform Us as soon as is reasonably possible. We will use all reasonable endeavours to provide a suitable replacement or, if a repair is possible without causing you any inconvenience, We will repair the equipment. If We are unable to replace or repair the equipment, or if You would prefer to reject the damaged or faulty equipment, whether before or after a repair or replacement (if the replaced or repaired equipment is still damaged or faulty), We will offer you a refund equal to the remaining, unused part of the Hire Period. Any refund due to You will be made as soon as is reasonably possible, and in any event within 14 calendar days of the date on which We agree that You are entitled to a refund. Refunds will be made using the same payment method originally used by You unless you specifically request a different method.

    4. The Hire Period ends on the date stated in the Order Confirmation once we have received the equipment in its original condition. Any equipment returned late will incur daily rental charges (with the first day taking effect the day after original return date as stated in the Order Confirmation.) The baby equipment may be returned early, however We are unable to issue any refunds of any kind for early returns that do not fall under sub-Clause 9.3.

 

  1. Loss and Damage

    1. You are responsible for, and will be required to indemnify Us for, any loss or damage which may occur to the baby equipment.

    2. Any charges due under this Clause 10 will firstly be taken out of Your Security Deposit. If the cost of repairing the damage or replacing the equipment is, in Our opinion, higher than the sum of the Security Deposit, You will be required to pay any excess sum.

    3. You will not be responsible for any pre-existing damage to the equipment that has already been identified under sub-Clause 9.2 at the time of collection, or for any damage or faults that are discovered under sub-Clause 9.3

    4. Full details of all charges are available on request.

 

  1. Our Liability

    1. We will be responsible for any foreseeable loss or damage that You may suffer only as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable only if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is formed. We will not be responsible for any loss or damage that is not foreseeable.

    2. In any event, Our total liability under these Terms and Conditions shall be limited to the value of the Contract between Us and You, that is, the total Price payable by You.

    3. We will not be liable for any death, accident or injury as a result of your misuse of equipment or for using the equipment outside of the manufacturer’s instructions.

    4. Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

    5. Nothing in these Terms and Conditions seeks to exclude or limit Our liability with respect to Your legal rights as a consumer. For more information on your legal rights and on the remedies,  you may be entitled to if something goes wrong, please contact your local Citizens Advice Bureau or Trading Standards Office.

  2. Events Outside of Our Control (Force Majeure)

    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.

    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:

      1. We will inform You as soon as is reasonably possible;

      2. We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;

      3. If the event outside of Our control continues for more than 30 days We will cancel the Contract and inform You of the cancellation in writing;

      4. If the Contract is cancelled under this Clause 12 before the Hire Period begins, any and all sums You have paid to Us will be refunded in full. Other provisions in these Terms and Conditions regarding the retention of sums paid shall not apply.

 

  1. Communication and Contact Details

If You wish to contact Us with questions or complaints, You may contact Us by email at info@tinytotsrentals.co.uk

  1. Complaints and Feedback

    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.

    2. If You wish to complain about any aspect of Your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the baby equipment, please contact Us in one of the following ways:

      1. By email, addressed to Lauren Pryce, Owner, info@tinytotsrentals.co.uk

  2. Other Important Terms

    1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (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 will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.

    2. You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

    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.

    4. If any of the provisions of these Terms and Conditions 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. The remainder of these Terms and Conditions shall be valid and enforceable.

    5. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

 

  1. Governing Law and Jurisdiction

    1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.

    2. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.

    3. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales, as determined by your residency.