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Hire Terms & Conditions

Welcome to The Libertarian hire section of www.thelibertarian.co.uk.

The Libertarian’s website is located at http://thelibertarian.co.uk (the “site”) and the hire section of The Libertarian’s website is located at http://www.thelibertarian.co.uk/hire. Under these terms and conditions (located at http://www.thelibertarian.co.uk/hire-terms-conditions ) The Libertarian provides a service for customers to borrow headpieces.

1. DEFINITIONS

In these Terms and Conditions, “you” and “your” refer to all users of this Website and “we”, “us” and “our” refer to The Libertarian. Use of the term the “site” refers to www.thelibertarian and the “service” refers to The Libertarian services and sale of products. The Libertarian’s products are referred to as “headpieces”. References to users must be read as being also reference to “our” customers.

2. LEGALLY BINDING CONTRACT

These Terms and Conditions constitute a binding legal contract between you and us. These Terms and Conditions apply to you whether you are browsing or are a customer of us. The Terms and Conditions in force at any time are published on this Website and you will be taken to have accepted them by accessing or using this Website. By using the Service or visiting or browsing the Site, you accept these Terms of Use and any modifications that may be made to the Terms of Use from time to time; if you do not agree to these Terms of Use you should not use the Service, submit information to or download from this Website, or visit or browse the Site.

By placing an order through our site, you warrant that:

  • (a) You are legally capable of entering into binding contracts;
  • (b) You are at least 18 years old;
  • (c) You are resident in the UK.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

Please read these terms and conditions carefully before ordering any Services from our site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.

4. MODIFICATIONS TO TERMS AND CONDITIONS

We reserve the right to modify these Terms of Use at any time and in any manner at our sole discretion. Notice of any modification of these Terms of Use will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site constitutes your binding acceptance of such modifications. Please check this section of the Site before using the Site to determine whether a change has been made to these Terms of Use. If you do not agree to any changes in the Terms of Use as they may occur, please discontinue your use of the Service and the Site. You agree that we shall not be liable to you or to any third party for any modification of the Terms of Use.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation.

5. SERVICE

Our hire service allows you to borrow a headpiece for a pre-arranged amount of time, at a pre-arranged fee in accordance with these Terms and Conditions.

a. CHOOSE YOUR HEADPIECE

You can choose headpieces available to hire from an online selection located at: http:// www.thelibertarian.co.uk/hire. Full details of hire and postage costs are listed with the headpieces details. We reserve the right to limit the number of items that a member may borrow at any time. Legal title to the property in the headpiece remains with us unless otherwise specified in writing by us. Risk in the headpiece passes to you on delivery and ends on handover to a courier for return to us.

b. ARRANGE HIRE

Once you have chosen your desired headpiece you can email us (thelibertarian@hotmail.co.uk) with your choice of headpiece and required dates. Many pieces in the hire collection are one of a kind, which may result in limited availability at certain times of the year. We will always suggest alternative headpieces in the hire collection or from the online store to help you.

c. TIMING

If your event is on a week day, the hire of your headpiece will last over three consecutive working days. Your headpiece will arrive before 1pm the day before your event and you will need to post it back using the enclosed postage labels at your local post office the day after your event. If your event falls on a weekend, the hire of your headpiece will last over four consecutive days and details will be arranged via email in advance.

d. BOOKING CONFIRMATION

Once availability has been confirmed full payment of hire costs, postage costs and the deposit must be paid before full confirmation of booking can be given. Delay in payment may result in loss of booking. On receipt of your payment we will send you a booking confirmation email.

e. PAYMENT

All deposits and hire fees must be paid by PayPal at time of booking. Other methods of payment are not accepted at this time for Hire bookings.

f. DELIVERY OF HEADPIECE

All hired headpieces will be sent with Royal Mail Next Day Delivery. An email will be sent containing your Royal Mail Tracing Code when your headpiece has been dispatched. Your headpiece will require a signature on arrival. If you are not able to sign for the headpiece on its arrival it will be taken to your local post depot (Details will be given on a Royal Mail Delivery Slip. Valid photographic identification will be required on collection).

In the rare occasion that a headpiece is not delivered on time because of Royal Mail’s service, we are unable to accept responsibility and can therefore not guarantee actual delivery time.

Delayed or late delivery of the headpiece does not confer on you any right of cancellation, termination or refusal of delivery. You will not be relieved of your obligation to accept delivery or pay the hire fees and charges by reason of any delayed or late delivery.

We are not liable in any way for non-delivery or any delay or late delivery. We may refuse delivery of the headpiece to an address if we believe the address is too remote or inaccessible.

g. PERSONAL COLLECTION OF HEADPIECE

You may collect and return the hired headpiece in person. Personal collection and delivery must be arranged at the time of booking. All terms and conditions still apply if you choose to collect the headpiece personally, and the booking procedure will be the same (with advance payment). You will not be charged postage and packaging costs if you collect and return the hired headpiece in person.

h. RETURNING THE HEADPIECE

When making your booking you will agree to a return date. You must return the headpiece back returned to us in accordance with these Terms and Conditions, unless otherwise agreed. If you do not return the headpiece on your return date as agreed you will be charged each consecutive day until day five when you will be charged the full retail price of the headpiece. If the headpiece is returned later than the agreed date, you also agree that we may invoice you for any lost earnings or incurred costs.

All orders MUST be sent back using the special delivery Royal Mail labels enclosed with the headpiece. If you do not use this service and the dress goes missing in the post, you may be charged the full retail price of the headpiece. The garment is your responsibility until it reaches us.

You must ensure the garment is returned in the same condition it was delivered to you. Failure to do this may result in further fees being charged.

i. LOSS OR DAMAGE OF RETURNED HEADPIECES

If a headpiece is returned in a damaged or dirty condition that exceeds normal wear and tear, as determined by The Libertarian its sole discretion, you agree that we may invoice you for the full cost of replacing such Garment as well as charge you the full amount of any lost earnings or incurred costs resulting from the damage. The Garment replacement fee will vary depending on the specifics of each Garment and its amount is to the full discretion of The Libertarian. If damage has occurred we will promptly inform you.

Under no circumstances are customers to attempt to clean any headpieces themselves by any means (dry cleaned or otherwise). If done so The Libertarian reserves the right to invoice for part or full replacement value of the items and charge you the full amount of any potential lost earnings or incurred costs regardless of whether any damage has been caused.

If the hired headpiece is lost or stolen, or part of the headpiece is lost or stolen when it is in your care, you agree that you will pay the full retail price (stated in headpiece description at time of ordering) and any additional fees such as loss of earnings or incurred costs.

We accept no responsibility for any personal or other damage that may occur while wearing The Libertarian’s headpieces.

j. PAYMENT OF ADDITIONAL FEES

By hiring a headpiece from us, you agree to pay any additional fees that may occur due to late returns of headpieces, damage or loss of headpieces. You also accept that in the instance that these fees are greater than your deposit, you will be invoiced for the remaining amount and PayPal will be contacted and informed of the extra fees charged.

k. RETURN OF YOUR DEPOSIT

Once the headpiece has been signed for and checked over by The Libertarian, (providing there has been no issues) your deposit will be returned to you in the same method of payment that it was paid in.

l. CANCELATIONS AND REFUNDS

You may cancel your hire booking with us up to seven days after your booking has been made and before the headpiece has been posted. Please notify us within seven days of when booking was made and we will fully refund your booking. If the order has already been posted, or the headpiece is not suitable on arrival please notify us straight away and post it back the same day using the enclosed postage labels. We cannot refund postage costs but if the item arrives back to us the next day (unworn), we will refund your hire charge.

m. COMMERCIAL HIRE OF HEADPIECES

The Libertarian’s hire service is for personal customers and not for commercial customers/ uses. Commercial customers must discuss their intentions for headpiece use with The Libertarian before booking. Certain commercial uses may affect The Libertarians copyright agreement. Commercial customers include professionals such as photographers, film makers, stylists, television production companies and performers. The Libertarian reserves the right to charge additional fees for commercial hire and when commercial use of hire headpieces have not been declared at time of hire booking. The Libertarian also reserves the right to decide which customers are personal and which are commercial in instances that are not initially clear.

n. HIRE SERVICE FOR UK RESIDENTS ONLY

Our hire service is only intended for use by people resident in the UK only. We do not accept hire orders from individuals outside the UK. We do however welcome orders from our e-commerce store and private commissions from customers living anywhere in the world.

o. TERMINATION

Without limitation to other provisions in these Terms and Conditions, we may, at our discretion, refuse service. We may do so, for example but without limitation, if we believe you will breach or have breached these Terms and Conditions.

You should print a copy of these terms and conditions for future reference.

6. COMMUNICATION

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

7. LIABILITY

We warrant to you that any headpiece hired from us through our site is of satisfactory quality and reasonably fit for all the purposes for which headpieces of the kind are commonly supplied.

Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the hire price of the headpiece you have ordered.

This does not include or limit in any way our liability:

  • a. For death or personal injury caused by our negligence;
  • b. Under section 2(3) of the Consumer Protection Act 1987;
  • c. For fraud or fraudulent misrepresentation; or
  • d. For any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us 
  • e. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:

  • a. Loss of income or revenue
  • b. Loss of business
  • c. Loss of profits or contracts
  • d. Loss of anticipated savings
  • e. Loss of data

f. Waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.

8. EVENTS OUTSIDE OF OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • a. Strikes, lock-outs or other industrial action.
  • b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  • c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  • d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • e. Impossibility of the use of public or private telecommunications networks.
  • f. The acts, decrees, legislation, regulations or restrictions of any government.

The Libertarian’s performance under any Contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

9. Indemnity

You agree to indemnify and hold The Libertarian and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of these Terms of Use and/or arising from a breach of these Terms of Use.

10. WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

11. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

12. LAW AND JURISDICTION

Contracts for the purchase of our Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.