1. THIS AGREEMENT
1.1. This Agreement. This Agreement consists of the preceding pages, these Hire Terms and all of the Schedules attached to it.
1.2. What these Hire Terms cover. These are the terms on which we hire Furniture to you and they form part of our Agreement with you.
1.3. Why you should read them. Please read these Hire Terms carefully before you submit your order to us. These Hire Terms tell you who we are, how we will provide the Furniture to you, how you and we may change or end the Agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these Hire Terms, or there is anything you do not understand, please contact us using the details provide in clause 2.2.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are Instant Home Limited, a company incorporate in England and Wales with company registration number 4121948 and a registered office at First Floor, CQL House, Alington Road, Little Barford, St. Neots, Cambridgeshire PE19 6YH. Our registered VAT number is 764002164. Instant Home Limited is authorised by the Financial Conduct Authority to enter into consumer hire agreements as owner (FCA reference number 934685).
2.2. How to contact us. You can contact us by telephoning our customer service team at 01480 456368 or by writing to us at firstname.lastname@example.org
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
3. OUR AGREEMENT WITH YOU
3.1. How we will accept your order. You must place your order by signing the Agreement (an Order) electronically (we will email you instructions on how to do this once you have submitted your Furniture choices on our website). If we accept your Order we will sign and date the Agreement and forward a copy of the executed Agreement to you by email using the email address you have provided. The date of the Agreement will be the date on which we sign it (the Agreement Date).
3.2. If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this and will not charge you. We may not accept your Order if: one or more items of Furniture you have ordered is out of stock; there are unexpected limits on our resources which we could not reasonably plan for; we have identified an error in the price or description of the Furniture; we are unable to meet the delivery date you have requested; or you do not pass credit and identity verification checks we carry out (see clause 13.6).
3.3. We only do business in Great Britain. Our website is solely for the promotion of our products in England, Wales and Scotland. Unfortunately, we do not deliver to addresses outside England, Wales and Scotland.
4. OUR FURNITURE
4.1. Furniture may vary slightly from their pictures. The images of the Furniture on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Furniture. Your Furniture may vary slightly from those images.
4.2. Making sure your measurements are accurate. It is your responsibility to ensure that the Furniture is of a suitable size for your property. In the event that any Furniture does not fit into a property, or it becomes apparent that the item is surplus to requirements, you may return the item of Furniture, however the Hire Payments, including the Monthly Hire Payment, will remain unchanged and payable for the Hire Period as set out in the “Key Financial Information” section of the Agreement. We cannot accept responsibility for Furniture not fitting into your property. Items can be exchanged but this will incur an additional delivery charge and may result in an increase in the Monthly Hire Payment. We will notify you of such delivery charges and our availability for rescheduling delivery when you request an exchange or return and we may ask you to enter into a new hire agreement with us and agree to end this Agreement.
4.3. Making sure the Furniture is suitable for your intended use. You must ensure that the Furniture you order is suitable for the purposes you intend to use it for by reviewing the description of the Furniture and the FAQs on our Website in order to ensure the Furniture meets your needs.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the items you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the items, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. We may also ask you to enter into a new hire agreement and to agree to end this Agreement.
6. PROVIDING THE ITEMS
6.1. Delivery and Collection Charge
6.1.1. The Delivery and Collection Charge is as stated in the Key Financial Information section of the Agreement, and is payable by you on the Agreement Date and we must be in possession of cleared funds prior to undertaking delivery of the Furniture.
6.1.2. If we are unable to access the property to deliver or collect the Furniture, we will contact you for further instructions and will charge you for additional attempts to deliver or collect the Furniture if you are at fault for us not being able to deliver. If we have to wait before we can deliver the Furniture to you we will charge you waiting costs of £80 per hour up to a maximum of two hours.
6.2. It is your responsibility to ensure, where reasonable to do so, that you will be at your address when we deliver the Furniture, that there is non chargeable parking that is suitable for heavy goods vehicles near to your property and that we will have free and unobstructed access to your property for the delivery or collection of the Furniture. If applicable, parking permits must be obtained in advance by you.
6.3. When we will provide the items.
6.3.1. We will contact you to agree a delivery date (the Delivery Date), which will be within 30 days after the Agreement Date unless we both agree to a longer period.
6.3.2. If you ask us to change the Delivery Date, we will endeavour to meet any new delivery dates, however, the Hire Payments will still commence on the dates set out in the Key Financial information section of this Agreement.
6.4. We are not responsible for delays outside our control
If our supply of the Furniture is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Agreement and receive a refund for the hire of any items you have paid for but not received.
6.5. Your legal rights if we deliver late
You have legal rights if we deliver any items late. If we miss the Delivery Date for any items then you may treat the Agreement as at an end straight away if any of the following apply:
6.5.1. we have refused to deliver the Furniture; or
6.5.2. you told us before we accepted your order that delivery within the delivery deadline was essential.
6.6. Summary of your legal rights
We are under a legal duty to supply Furniture that is in conformity with this Agreement. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these terms will affect your legal rights. The Furniture we provide you must be as described, fit for purpose and of satisfactory quality. If it is not, you can ask us to repair or replace the Furniture, or get some money back if we can’t fix it. We will pay the costs of repair (done by us or our contractors) or replacement and collection.
6.7. Ownership of the items
All items shall remain our property and on no account shall title transfer to you by virtue of this Agreement. We shall not, other than in the exercise of our rights under this Agreement or applicable law, interfere with your quiet possession of the Furniture.
7. FURNITURE DILAPIDATION DEPOSIT
7.1. Unless otherwise agreed in writing, you are required to pay the Furniture Dilapidation Deposit on the Agreement Date and in any event prior to delivery. The Furniture Dilapidation Deposit is held by us against damage or loss of the Furniture, normal wear and tear excepted. You, or a representative on your behalf who gives us access to the Delivery Address, will be asked to confirm the condition in which the Furniture is delivered to you when the delivery note is signed. The Furniture Dilapidation Deposit, subject to any loss or damage to the items, shall be refunded by bank transfer into your bank accounts following collection and inspection of the Furniture.
7.2. You shall be liable for any damage caused to the Furniture whilst it is in your possession and such damage will be charged for accordingly by us and deducted from the Furniture Dilapidation Deposit as appropriate. If the damage is valued by us at more than the amount of the Furniture Dilapidation Deposit, you agree to pay such additional amounts that may be required to repair the damage or, if relevant, replace items of Furniture.
7.3. Furniture Dilapidation Deposits will be refunded within 14 days of the collection of the Furniture subject to deductions set out in this clause 7. In the event of a dispute, the Furniture Dilapidation Deposit will be refunded once we are reasonably satisfied that the dispute has been resolved.
8. YOUR OBLIGATIONS REGARDING THE ITEMS
8.1. Furniture should not be moved from the Delivery Address stated on this Agreement without our prior written approval. If such approval is granted to move the Furniture, you do so at your own risk and cost and will remain liable for the Furniture, wherever their location, for the duration of the Agreement. If the delivery address changes and results in an increased distance from our warehouse, a further charge (which shall be notified to you with our prior written approval) may be made to cover the additional travel to collect the items.
8.2. You agree to keep the Furniture in good condition and in accordance with the Furniture Care and Maintenance Guide set out at Schedule 1 to this Agreement and to return the Furniture to us in the same condition in which it was provided to you, fair wear and tear excepted.
8.3. The fixing of and hanging of Furniture is your responsibility. We do not accept liability for any damage caused to your property or to the Furniture as a result of you undertaking fixing and hanging of Furniture.
8.4. The installation of Furniture in communal areas is taken at your own risk. If you ask us to deliver to a communal area of your premises this is done at your own risk. We cannot accept any liability for accidental damage to any communal area of your property.
8.5. All soft furniture and accessories including sofas, chairs, upholstered dining chairs, rugs, headboards, divan bases and mattresses that have stains and/or smells and/or have been in evident contact with animals will have to undergo specialist cleaning processes. The charge for specialist fabric cleaning to sofas will be £65 + VAT for 4 seater sofas, £55 _+ VAT for 3 seater sofas, £45 + VAT for 2 seater sofas and £35 + VAT for armchairs. The charge for headboards and divan bases (per set) is £10 + VAT. The charge for upholstered dining chairs will be £5 per chair + VAT. Rug cleaning charges are £20 + VAT.
8.6. All mattresses are supplied with a “Protect A Bed” Buglock Plus Mattress Encasement (Encasement). This Encasement is waterproof on the top surface and provides a bed bug and dust mite barrier. To provide this level of protection the Encasement will be fitted to the mattress and sealed upon delivery. You or your representative will be asked to confirm the Encasement has been fitted and sealed by signing the delivery note. To maintain the high hygiene standards the Encasement must not be removed or the seal broken during the period of the Agreement. A charge for a replacement mattress will be made should the Encasement have been removed or the seal broken. We suggest that you fit a waterproof mattress cover over the Encasement as an extra precaution. Should the Encasement be returned with stains which are not removed by laundering, or damage preventing re-use, a replacement charge of £30 + VAT will be made.
8.7. At the time kitchen packs are due for collection all items must be clean. Items that are not clean shall not be collected and a replacement charge plus a restocking charge of £50 + VAT shall be payable.
8.8. It is your responsibility to ensure that all Furniture is emptied of personal belongings before it is collected, and we accept no liability for any personal items left in the Furniture.
8.9. Linen and bath pack items are non-returnable goods and at the end of the Hire Period they shall belong to you. Should you want these items disposing of, on written request, we shall take them free of charge when we collect the other hire items. We donate all linen and bath pack items to charities chosen by us.
8.10. You agree to notify us immediately of any damage to or material loss of the Furniture and to permit us or our agents and representatives access to the Furniture for the purpose of inspection and repair at all reasonable times.
9. PROPERTY STAGING & DISPLAY FURNITURE
9.1. If you are using Furniture in respect of property staging:
9.1.1. the Initial Hire Payment will cover the whole of the Hire Period and you must pay all Advance Payments in full before we will deliver the Furniture to you. We have to be in possession of cleared funds before we can undertake the delivery of the Furniture (see clause 13 for further details of how to pay);
9.1.2. you shall permit us to take photographs of the Furniture in situ for our promotional and marketing purposes, and acknowledge that such photographs may include items that are not ours; and
9.1.3. you shall grant us a non exclusive, perpetual licence to use the photographs set out in clause 9.1.2 taken by or on behalf of you, for our promotional and marketing purposes.
9.2. Property staging and display furniture is strictly for that purpose and on no account should such furniture be used by anyone for any other purpose.
10. RIGHTS TO CANCEL OR END THE AGREEMENT
10.1. You have a legal right to cancel this Agreement within 14 days of the Agreement Date (the Cancellation Period) without giving any reason. If you cancel the Agreement within the Cancellation Period:
10.1.1. if the items have not been delivered to you we will refund any Advance Payments and Hire Payments you have made;
10.1.2. if, at your express request, you requested delivery of the Furniture before the end of the Cancellation Period, you will receive a refund of any money you have paid in advance, less the (i) Delivery and Collection Charge; (ii) the cost of repairing or replacing any Furniture that have been damaged; (iii) the cost of cleaning the Furniture; and (iv) a proportion of the Monthly Hire Payment equal to the number of days you have been in possession of the Furniture divided by 30.
10.2. This Agreement will automatically continue at the end of the Hire Period.
10.3. Should this Agreement be terminated before the end of the Hire Period, (other than as set out in clause 10.1 or 10.5), all outstanding Hire Payments to the end of the Hire Period will immediately become due and payable.
10.4. You can terminate this Agreement on or after the Hire Period by giving notice in accordance with clause 11.1.
10.5. If any of the Furniture is faulty or mis-described (see clause 6.6) or if we have delivered late (see clause 6.6) you may have a legal right to end the Agreement (or to get the item repaired or replaced or to get some or all of your money back).
10.6. We may end the Agreement if you break it. We may end the Agreement at any time by writing to you if:
10.6.1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or
10.6.2. you do not, within a reasonable time, allow us access to the property to deliver the items to you.
10.7. Consequences of ending this Agreement. Should this Agreement be terminated before the end of the Hire Period, (other than as set out in clause 10.1 or 10.5), all outstanding Hire Payments to the end of the Hire Period will immediately become due and payable.
11. HOW TO CANCEL OR END THE AGREEMENT WITH US
11.1. Either party may end this Agreement on or after the expiry of the Hire Period by giving the other party 28 days’ prior notice using any of the contact options below:
11.1.1. Phone or email. Call customer services on 01480 456368 or email us at email@example.com Please provide your name, home address, details of the order and, where available, your phone number and email address.
11.1.2. Online. Complete the form at http://www.instanthome.co.uk/contact us/ on our website.
11.1.3. By post. Writing to us at Two Hoots Farm, Sawtry Way, Wyton, Huntingdon, Cambridgeshire PE28 2DY. Please provide your name, home address, details of the order and, where available, your phone number and email address.
11.2. To cancel this Agreement you can either contact us and request cancellation by using the contact details in clause 11.1 or you can complete the cancellation form in Schedule 2 to this Agreement and send it to us either by email or post. We must receive your cancellation request within the Cancellation Period otherwise we will not be able to cancel the Agreement.
12. COLLECTION OF THE FURNITURE.
12.1. The Delivery and Collection charge shall be paid on the Agreement Date and must be paid prior to the commencement of the hire.
12.2. We require 28 days’ written notice for the collection of Furniture.
12.3. It is your responsibility to ensure, where reasonable to do so, that there is close non chargeable parking suitable for heavy goods vehicles near to your property and that we will have free and unobstructed access to your property for the collection of the Furniture. Weekend collections may incur a surcharge to cover additional labour costs and in this event, we shall advise you of this in advance. If applicable, parking permits must be obtained by you.
12.4. We require that you or your representative should be present at the time of collection to sign our collection note and confirm the condition of the Furniture being returned. If this is not possible, you may be unable to contest any assessment we make as to the condition of the Furniture.
12.5. Collection shall only take place when all outstanding charges have been paid. We have to be in possession of cleared funds before we can undertake collection of the Furniture.
12.6. When we will pay the costs of collection of Furniture. We will pay the costs of collection:
12.6.1. if the Furniture is faulty or mis-described; or
12.6.2. if you are ending the Agreement because we have told you of an upcoming change to the Furniture or this Agreement, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
12.7. How we will refund you. We will refund you any amounts we owe you by bank transfer to your nominated bank account. However, we may make deductions as described in clause 12.8 below.
12.8. Deductions from refunds. If you exercise your right to change your mind:
12.8.1. We may reduce your refund (excluding delivery costs) to reflect any reduction in the value of the Furniture, if this has been caused by your handling them in a way which would diminish their value.
12.8.2. We may deduct from any refund an amount for the supply of the Furniture for the period for which it was supplied to you, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Agreement.
12.9. When your refund will be made. We will make any refunds due to you as soon as possible and in any event 14 days from the date we collect the Furniture.
13. PRICE, PAYMENT AND CHARGES
13.1. Payment Terms. The payment terms are as follows:
13.1.1. Advance Payments. You must pay the following on or by the Agreement Date and in any event before we attempt to deliver the Furniture to you:
22.214.171.124. the Delivery and Collection Charge;
126.96.36.199. the Furniture and Dilapidation Deposit; and
188.8.131.52. the Initial Hire Payment.
13.1.2. Monthly Hire Payment. All Monthly Hire Payments must be made on the first day of each month (or next working day if that day falls on a weekend or public holiday) starting on the date specified in the Hire Payments section of this Agreement.
13.1.3. If the Hire Period is for three (3) months or less, all Advance Payments must be paid in advance. We have to be in possession of cleared funds before we can undertake delivery of the Furniture.
13.2. Total payable. The total amount payable under this Agreement will be the sum of the Advance Payments and the Monthly Hire Payments.
13.3. How to pay. You must make Monthly Hire Payments by Direct Debit. We will provide you with instructions on how to set up a Direct Debit on or after the Agreement Date. You must make Advance Payments (see clause 13.1.1), either by making a card payment using a secure link we will send you by email or by making a bank transfer to our bank account: Lloyds Bank, Account Name: Instant Home Ltd, Sort Code: 30-94-47 Account Number: 34766260.
13.4. Late payment. If you fail to make payments by the due dates specified in this Agreement, or any notice we may give you in relation to this Agreement, we reserve the right to charge you interest on the overdue amount at the rate of 2% a year above the base lending rate of Lloyds Bank from time to time in force. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount.
13.5. We will charge you a default fee of £12 if:
13.5.1. you miss or are late paying a Monthly Hire Payment; or
13.5.2. your Monthly Hire Payment is declined.
13.6. Before entering into this Agreement we may search your records at credit reference agencies in order to conduct credit checks and to verify your identity. They will add to their record about you details of our search which will be seen by other organisations making searches. Details about you and your payment record under this Agreement will used to help make credit and insurance related decisions about you and members of your household and occasionally for fraud prevention or to trace debtors. You can contact us for details of the credit reference agencies used by us. You have a legal right to these details and can receive a copy of the information held about you on payment of a fee. Information held about you by credit reference agencies may be linked to records relating to any person with whom you are linked financially and other members of your household. We may give information about you and your payment record under this Agreement to credit reference agencies, debt collecting agents and any proposed assignee, transferee or chargee of this Agreement or of our interest in this Agreement, their insurers or advisers.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1. When we are liable for damage to your property. We will make good any damage to your property caused by us while delivering or collecting the Furniture. Any such damage must be reported to us by you by telephone immediately at the time the damage occurs and no liability is accepted for damage reported after the delivery or collection team have left your property. However, if we are instructed by you to deliver/collect items that we consider are not a suitable size for your property, then we shall not be responsible for any such damage caused. Additionally, we are not responsible for the cost of repairing any pre existing faults or damage to your property that we discover while delivering or collecting the Furniture.
14.2. We are not liable for business losses. If you use the products for any commercial or business purpose:
14.2.1. we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, or any indirect or consequential loss howsoever arising; and
14.2.2. our entire liability shall be limited to an amount equal to the total of the fees paid under this Agreement.
14.3. Nothing in this Agreement limits our liability for death or personal injury resulting from our negligence or fraud.
15.1. The Owner provides insurance cover (Insurance) for the Furniture as detailed in Schedule 3. The Hirer should insure the Furniture for any risks not covered by the Insurance.
16. PERSONAL INFORMATION
17. OTHER IMPORTANT TERMS
17.1. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
17.2. Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
17.3. If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.4. Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
17.5. Which laws apply to this Agreement legal proceedings may be brought. This Agreement is governed by English law and either party can bring legal proceedings in respect of this Agreement, and matters relating to it, in the English courts. If you live in Scotland either party can bring legal proceedings in respect of the products in either the Scottish or the English courts.
Furniture Care & Maintenance Guide
To help safeguard your furniture dilapidation deposit monies we have collated a furniture care guide to help assist you in caring for our furniture during your hire contract. If you have any further questions please do not hesitate in contacting the office for specialist, specific advice.
• Please take care when handling or moving furniture items as careless handling may cause damage or injury.
• Do not drag the furniture, should you need to move an item please ensure it is lifted carefully and by two able bodied people.
• We advise you pay special attention to and protect furniture surfaces such as dining, coffee and bedside tables from substances, for example paint, pens, crayons, as well as hot, cold or wet objects, by using good quality table mats or table covers.
• Wooden furniture should be kept dust free with a lint free cloth, wiping in the direction of the grain.
• Should you have hard flooring please ensure the pads remain on the bottom of chair and sofa legs. Replacements can be sent if required please email the office.
• Never use any chemicals, abrasive materials or cleaners on your furniture.
• Clean spillages from surfaces promptly.
• Avoid placing wooden furniture too close to radiators and other sources of heat.
• Wherever possible, keep your furniture away from direct sunlight as this may cause bleaching.
• Certain wood finishes mellow with age and exposure to light. Always rearrange items such as vases and ornaments on a regular basis to minimise shade marks.
• Never tilt chairs backwards this could result in a leg breaking and causing injury.
• Always supervise young children and do not allow them to hang on the front of items of furniture. This may cause injury to a child and damage to the furniture item.
• Ensure you are satisfied with the installation of the furniture items. If you have any reservations please speak with the delivery team leader (usually the driver) at the time of the delivery.
• Periodically check all fixings to ensure none have come loose.
Should you be concerned as to the safety of a hired item please do contact the office by email firstname.lastname@example.org .
Hired Items Insurance Cover Details
Instant Home provides customers with complimentary insurance cover for the items you rent. Please see below details of the policy and the cover it provides. The Hirer is not required to insure the items rented from Instant Home Ltd against loss or damage for the following perils: fire, lightning, explosion, storm, flood, escape of water from any tank, apparatus or pipe, impact or theft. Loss from theft requires evidence of there being forcible and violent entry/exit. Theft by collusion and accidental damage are specifically excluded. An excess of £350 will be due for any claim. The maximum collective value of the items on hire, for any one claim is £15,000.The property where the items are kept must meet the Minimum Security Standards Condition below.
It is a condition precedent to the insurer’s liability that:
a) Final exit doors must be secured as follows;
i. timber doors – by mortice deadlocks having five or more levers or conforming to BS3621 with matching boxed striking plate
ii. aluminium doors – by cylinder mortice lock operating a swinging lock bolt
iii. PVCu doors – by key operated multi-point locking devices having three or more locking points
iv. the first closing leaf of double leaf doors must be fitted internally with bolts top and bottom
b) all other external doors and internal doors leading to common areas or other premises, must be secured:
i. by the means set out in (a), or
ii. by key operated security bolts fitted top and bottom
iii. All opening windows or roof lights accessible from the ground or via roofs pipework or other structures must be secured by key operated locking devices or screwed permanently shut.
iv. Any security measures stipulated or agreed by us in writing are implemented and in full and effective order.
Any door or window officially designated a fire exit by the Fire Authority is excluded from these requirements.
Alternative insurance cover for the hire items is required if you are unable to fulfil the requirements above. Evidence of cover should be emailed to email@example.com within 14 days of delivery.
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