Terms and Conditions

1. Formation of Contract

1.1. This document states the terms & conditions under which Hire Wear Direct (‘the Supplier’) agrees to rent garments to its customer (‘the Hirer’). These terms state the whole of the bargain, excluding all other terms (including any otherwise implied), and may only in varied in writing signed by both parties.

1.2. All garments remain the Supplier’s property at all times and are made available for use by the Hirer only for the duration of the hire period stated on the Online Order form or as agreed with the Hirer verbally over the telephone at the time of placing the Hirer’s order (or as such period is extended as stated in these terms). It is the Hirer’s responsibility to take care of the Supplier’s garments for the whole period they are in the Hirer’s care.

1.3. Full payment of the hire charges is required (in advance) on the placing of the Order, and the Hirer authorises the Supplier to deduct any such charges directly from the Hirer’s credit or debit card.

2. Garments

2.1. All garments provided by the Supplier shall be in good condition, having passed through the Supplier’s various inspection and processing facilities. However (due to dry cleaning and similar processing) there will be slight shading differences between different garments, e.g. the different suits supplied for large wedding parties.

2.2. The Supplier does not accept responsibility for the fit of garments if orders have been completed incorrectly. All telephone orders will be read back to the Hirer as the Supplier enters them onto the Supplier’s system. It is the Hirer’s responsibility to check these details are correct as read-back, as the Supplier does not accept liability for sizes of telephone orders after the Supplier has read the sizes back to the Hirer and had them confirmed as entered correctly.

2.3. The Supplier reserves the right to substitute the size of any of the garments in the Order to the nearest half size as set out below:

3. Deliveries

3.1. No order shall be accepted unless a function date is stated on the on-line Order Form or confirmed to the Supplier over the telephone.

3.2. Deliveries can be made up to 5 working days before a function date, providing the Supplier has the order at least 8 working days prior to a function date.

3.3. Hire costs include standard next-day delivery & collection by third party carrier to most of mainland UK; there may be additional delays and carriage charges to be added to the Hirer’s order for parts of Northern Ireland, Northern Scotland, Isle of Man, Isle of Wight and South Western Cornwall (the Hirers in these areas must check for additional carriage costs before placing the Hirer’s order). Deliveries will be made between 9am and 5.30pm on the delivery date.

3.4. The Supplier does not accept responsibility for any failure to deliver by any third party carriers; disputes concerning delivery should be taken up with the carrier concerned.

3.5. Hire orders may be extended for additional days at a rate of 10% of the normal hire charge for each additional day (Hirers must check extended hire charge when placing the Hirer’s order).

3.6. The Supplier will not be liable to the Hirer if the Delivery Date is after the date of delivery required by the Hirer in the Order if such delay was beyond the Supplier’s reasonable control. In the event of such delay the Supplier shall exercise every effort to deliver the goods as soon as reasonably possible.

4. Changes to original order

4.1. The Supplier will charge 50p per garment for any change made against the original order within one month (but more than one week) of the Hirer’s despatch date.

4.2. The Supplier will charge £1 per garment for any change made against the original order within one week of the Hirer’s despatch date.

4.3. Except for top hats (which carry a £25 charge) the Supplier will charge £4 per garment for the supply of any replacement garment should the garment originally ordered not fit satisfactorily – provided the Supplier is informed within 24 hours of the delivery date. Replacement garments for any faulty or not up to standard garments (to the maximum of one replacement garment for each garment ordered) will be supplied at no charge for the garments. Replacement garments will be despatched on a third party carrier at the Hirer’s cost (the Hirer must check delivery charge when placing the Hirer’s replacement order). The Hirer authorises the Supplier to deduct any such charges directly from the Hirer’s credit or debit card.

5. Care of Garments & Accessories

5.1. The Hirer accepts responsibility for the safe keeping and due return of the garments from whenever the garments are delivered to the Hirer and until they are returned to the Supplier.

5.2. The Hirer will not modify or alter in any way those garments which have been delivered to the Hirer in accordance with the order and the Hirer will become liable for all payments and charges made by the Supplier in rectifying and/or replacing any garments which are modified in breach of this provision. The Hirer authorises the Supplier to deduct any such charges directly from the Hirer’s credit or debit card.

5.3. The Hirer agrees to notify the Supplier immediately in writing of any loss or damage to the garments once the Hirer becomes aware of such loss or damage and be liable to the Supplier for the full replacement / repair costs of such garments. The Supplier will notify the Hirer of any losses / damage not so notified to the Supplier, and may charge the Hirer the full replacement / repair costs of such garments. The Hirer authorises the Supplier to deduct any such charges directly from the Hirer’s credit or debit card.

5.4. The Hirer will take particular care of top hats, and will never allow top hats to be thrown into the air.

5.5. The Hirer will take similar particular care with the sharp point of kilt pins supplied with adult’s and child’s kilts, and will not allow the kilt pins to be removed from the kilt.

5.6. AS THE SKEANDHU AND KILT PIN ARE SUPPLIED AS DECORATIVE ACCESSORIES ONLY, NOT PART OF THE GARMENT ITSELF, THE SUPPLIER DOES NOT ACCEPT ANY RESPONSIBILITY FOR ANY DAMAGES, COSTS, CLAIMS, LOSSES, EXPENSES OR LIABILITY WHATSOEVER INCURRED, AND HOWSOEVER ARISING, AS A RESULT OF ANY MISUSE OF THE SKEANDHU AND/OR KILT PIN. THE HIRER WILL INDEMNIFY THE SUPPLIER FOR ANY SUCH DAMAGES, COSTS, CLAIMS, LOSSES, EXPENSES OR LIABILITIES. The Hirer agrees (e.g. for the purposes of the Unfair Contract Terms Act 1977) that this liability exclusion, and indemnity, is reasonable in the circumstances. In the event that this condition is deemed unenforceable, that shall not affect the validity or enforceability of any other provision of this contract, it being the intention of the Hirer and the Supplier that all conditions of this agreement shall be separately valid and enforceable.

5.7. The Hirer agrees as an obligation surviving termination of this agreement to indemnify the Supplier in respect of any claims made against the Supplier and all damages costs and expenses suffered or incurred by the Supplier as a result of any third party claim arising out of the Hirer’s use of the garments or in any way arising out of the garments being hired to the Hirer under this agreement

6. Return of Garments

6.1. All garments and accessories must be ready for collection on the day specified when the Hirer places the Hirer’s order (the Hirer must check collection date when placing the Hirer’s order). Collection will be made from the collection address (supplied by the Hirer at the time of booking) between 9am and 5.30pm on the collection date by third party carrier. The Hirer is wholly responsible for ensuring that the garments are ready for collection and are correctly labelled and safely passed to the carrier, whereupon the garments will no longer be deemed to be in the Hirer’s possession.

6.2. The Supplier requires that the Hirer retains the consignment note given to the Hirer by the carrier, signed by the Hirer, for up to two months as good evidence that the collection was successful.

6.3. In the event of a “failed collection” the Hirer will be wholly responsible for contacting the Supplier to make alternative arrangements, and will be liable for any collection costs incurred, and any additional charges for late return (10% per day after the stated return date). The Hirer authorises the Supplier to deduct any such costs directly from the Hirer’s credit or debit card.

7. Accidental Damage Waiver

7.1. Other than as covered by the Accidental Damage Waiver outlined below the Supplier reserves the right to charge the Hirer for the full price of any garment following accidental damage or any other loss (beyond normal wear). A full list of such charges can be found in the Supplier’s ‘Price List’ (available on the Supplier’s website). Suit covers, hat boxes and bags are hired at no additional charge, but are subject to a charge of £15 each if not returned, or if returned damaged.

7.2. Except for the items listed below (which are NOT covered by this waiver) the Hirer will pay a charge of £5 per suit for Accidental Damage Waiver, by which the Supplier will waive any charges that would normally arise following accidental damage or any other loss (beyond normal wear) to any of the garments used appropriately.

7.3. The waiver does not apply to:

• 7.3.1. Top Hats;
• 7.3.2. garments that have, in the Supplier’s reasonable opinion, been damaged through inappropriate use;
• .3.3. any garment and/or accessory lost or stolen;
• 7.3.4. Suit covers, hat boxes and bags.

8. Deposit

8.1. No security deposit is required; however the Hirer authorises the Supplier, in the event of non-returned or damaged garments (unless covered by Accidental Damage Waiver) to deduct the full replacement value of the garments directly from the Hirer’s credit or debit card.

9. Refund Policy

9.1. In the unlikely event of the Supplier inadvertently supplying faulty garments the Supplier will be happy to rectify the problem or refund the price paid as long as the Hirer contacts the Supplier within 24hrs of receiving the garments.

9.2. In the event of the order being cancelled within 48 hours of the despatch date the Hirer will be expected to bear the full cost for each suit ordered. For cancellations notified to the Supplier prior to 48hours before a DESPATCH date the Hirer be entitled to a 50% refund.

10. Miscellaneous

10.1. This contract is governed by English Law and the parties submit any disputes to the jurisdiction of the Courts of England and Wales.