This lease hire agreement (Agreement) applies to you as a Customer of Moment Cams Limited and constitutes a legally binding agreement which governs the relationship between you, as a Customer leasing a Product, and us. Please read this Agreement carefully before you lease a Product from us. This Agreement tell you who we are, how we will provide our service, what to do if there is a problem with our service and other important information.
Last updated: 31 October 2018
- INTERPRETATION AND DEFINITIONS
- The following definitions shall apply to this Agreement:
|Business Days||means a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business;|
|Customer||means the individual leasing a Product from Engagement Cam;|
|Delivery||means the transfer of physical possession of the Product from Engagement Cam to the Customer;|
|Description||means the description of the Product as set out on our Site or in any other marketing material created by Engagement Cam as amended from time to time;|
|Engagement Cam||means Moment Cams Limited with registered company number 11122179 and registered office address at The Dower House, 108 High Street, Berkhamsted, Herts, United Kingdom, HP4 2BL;|
|Order||means the hiring of a Product by a Customer through the Site;|
|Product||means the good(s) contained on the Site;|
|Parties||means Engagement Cam and the Customer and Party shall be construed accordingly;|
|Rental Payment||means the payment made by the Customer for hire of the Product;|
|Rental Period||means the period of hire, including an extension to the initial period as agreed between the Parties from time to time; and|
|Site||means our website www.engagementcam.co.uk, any other website or application owned by and any other affiliated payment application (including, but not limited to, social media sites and booking applications).|
- INFORMATION ABOUT US
References to we, us or our means Engagement Cam. You can contact us by emailing email@example.com.
- PRODUCT HIRE
- Engagement Cam shall lease the Products to the Customer in accordance with this Agreement.
- Engagement Cam shall not, other than in the exercise of its rights under this Agreement or applicable law, interfere with the Customer’s quiet enjoyment of the Products.
- RENTAL PERIOD
- Customers can choose to hire a Product through the Site by adding a Product to the “cart”. The shopping cart can be reviewed, and its contents can be amended at any time prior to placing an Order. Orders cannot be amended once they have been placed.
- Customers can place Orders through the Site by clicking the “checkout” option in the cart. You will then be required to enter billing and contact information so that we can process your Order and payment.
- Once you have placed an Order, we will send you an order acknowledgment email detailing the Product you have ordered. This is not an order confirmation or an acceptance of your Order by us. Your Order is an offer to hire the Product from us and your offer will not be deemed to have been accepted by us until we have sent you a dispatch confirmation email.
- Once your Order has been processed and immediately prior we will send you a dispatch confirmation email, which will confirm that we have accepted your hire request. If we do not, or cannot accept a hire request placed by you, for any reason, we will notify you via the email address provided the email address provided at the time of Order.
- Once you receive a dispatch confirmation email, a legally binding agreement is formed between you and us under this Agreement and payment will be taken from the credit/debit provider. No Product will be shipped until payment has been made in full.
- Please check the details of the order acknowledgment email and the dispatch confirmation email carefully. It is your responsibility to notify us if there are any errors or inconsistencies by contacting us at firstname.lastname@example.org.
- The Rental Period shall start on the date of Delivery and shall continue for a period of fourteen (14) days unless the Product is returned by the Customer to Engagement Cam before the end of the Rental Period, in which case the Rental Period shall end as soon as the Product is received by Engagement Cam. You will still be charged for the fourteen (14) day period.
- Customers can extend the Rental Period for a maximum period of fourteen (14) days, which can be purchased in blocks of 7 days. A block of 7 days will incur an extra charge of £20 which will be paid by you prior to expiry of the Rental Period. Customers may request an extension to the rental period by contacting us at least 48 hours prior to expiry of the Rental Period at
- PRODUCT AVAILABILITY AND DESCRIPTION
- We try to be as specific as possible on the Site about our Products and Product availability, including size, colour type, quantity of stock and the Description.
- We reserve the right to correct any errors, inaccuracies or omissions and to update any Descriptions at any time without prior written notice to you.
- The colours of the Products that you see on the Site depend on your device and we cannot guarantee that the display of colour will be accurate and Product colours may vary.
- If you Hire a Product that is unavailable, we will inform you as soon as possible by email and give you an estimated date of when the Product is due to be available for dispatch to you. Alternatively, you will be entitled to cancel your Order and receive a refund from us for the amount paid. In all other circumstances where you are not fully satisfied with the Product, please contact email@example.com.
- RENTAL PAYMENTS AND DEPOSIT
- In consideration of your Order, the Customer shall pay the Rental Payment to Engagement Cam in accordance with this Agreement.
- The Rental Payment quoted on the Site and/or in any correspondence between Engagement Cam and the Customer is in GBP (£). Prices quoted exclude Delivery costs which shall be in addition to the Rental Payment and added to the total price payable by the Customer prior to confirmation of the Order.
- A £220 deposit will be held against the Customer’s credit card for duration of the Rental Period. The deposit is against default by the Customer of payment of the Rental Payment or any loss of or damage caused to the Product. If the Customer fails to make the Rental Payment or causes any loss or damage to the Product (in whole or part), Engagement Cam shall be entitled to apply the deposit against such default, loss or damage (to be determined by Engagement Cam in its sole discretion as applicable). The Customer shall pay to Engagement Cam any sums deducted from the despot within ten (10) Business Days of a demand for the same. The deposit (or balance thereof) shall be refunded within five (5) Business Days of the end of the Rental Period.
- Engagement Cam shall deliver the Products to the Customer in accordance with this Agreement. Engagement Cam shall use commercially reasonable endeavours to deliver the Product to the Customer by the estimated date set out in the dispatch confirmation email, or, if no date is given, within ten (10) Business Days of the date of the dispatch confirmation email. In the event that your delivery is delayed for any reason within our control, we will try to keep you informed of the estimated delivery date.
- If the Product is not delivered within ten (10) days of the dispatch confirmation email, you will be entitled to cancel the Order and receive a full refund for the amounts paid by you.
- Title and risk in the Product shall transfer to the Customer upon Delivery.
- CANCELLATION, RETURNS AND EXCHANGE
- If your Product is faulty, you must notify us by email at firstname.lastname@example.org as soon as reasonably practicable and the faulty Product must be returned to us within 14 days of delivery (the Return Period). You will not be entitled to an exchange or refund if Products are returned after the Return Period.
- Products must be returned in the same condition as received, must not have been used (unless faulty) and must be void of any visual marks including but not limited to scuffs, scratches, dents, discolouring or otherwise.
- Subject to clause 8.2, Products that are returned during the Return Period for an exchange are subject to stock availability. If we are unable to provide you with a replacement Product, you will receive a refund of the price paid by you for the Product.
- Customers will be provided with a free returns label to return the Product. The Product must be returned in the same packaging as it was received. Customers are advised to keep a proof of postage when returning Products.
- Please direct all enquiries relating to cancellation, returns and exchanges to email@example.com.
- We warrant that at the time of Delivery, the Product shall:
- conform in all material respects with the Description on our Site;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979);
- be fit for purpose in accordance with the information available on our Site at the time the Order was placed.
- We shall not be liable for the Product’s failure to comply with clause 8.1, in any of the following events:
- you make any further use of the Product after giving notice of a fault in accordance with clause 8.3
- the defect arises as a result of any instructions from you in respect of the Product design;
- you alter or repair the Product without our prior written consent;
- the fault arises as a result of fair wear and tear, wilful damage, negligence or abnormal storage of the Product; or
- the Product differs from the Description as a result of changes made to ensure its compliance with applicable statutory or regulatory requirements.
- The terms implied by sections 13 to 15 of the Sales of Goods Act 1979 are, to the fullest extent permitted by law, excluded from this Agreement.
- This Agreement shall apply to any repaired or replacement Products supplied by us.
- We warrant that at the time of Delivery, the Product shall:
- TITLE AND RISK
- The Product shall at all times remain the property of Engagement Cam and the Customer shall have no right, title or interest in or to the Product save for the right to possession and use of the Product subject to the terms of this Agreement.
- The risk of loss, theft, damage or destruction of the Product shall pass to the Customer on Delivery of the Product. The Product shall remain at the sole risk of the Customer during the Rental Period until the Product is returned to Engagement Cam.
- The Customer shall immediately contact Engagement Cam in the event of any loss, accident, theft or damage to the Product whilst it is in the Customer’s possession or control.
- CUSTOMERS OBLIGATIONS
- The Customer warrants that the Product will be kept and used:
- in accordance with any operating instructions provided by Engagement Cam;
- in a suitable environment, used only for the purposes for which it is designed;
- in accordance with any applicable legislation; and
- for personal use only (unless prior written consent is obtained);
- The Customer warrants that the Product will be kept and used:
- The Customer shall not make any alterations to the Product and shall not remove any existing component(s) from the Product. Title and property in all substitution, replacements and renewals of the Product shall vest in Engagement Cam.
- Subject to the limitations set out in this Agreement and to the extent permitted by law, we shall only be liable for direct damages suffered, paid or incurred by you as a result of a breach by Engagement Cam of this Agreement, up to £800.
- Nothing in this Agreement shall limit any liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- liability for any breach of the terms implied by section 8 of the Supply of Goods (Implied Terms) Act 1973 or any other liability which cannot be excluded by law.
- To the extent permitted by law, Engagement Cam shall not be liable for:
- any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim;
- any inaccuracy relating to Descriptions on the Site;
- the Customer failing to ‘capture the moment’ for any reason other than due to a fault or malfunction with the Product itself directly caused by an act or omission of Engagement Cam; or
- the Customer engaging in any act contrary to this Agreement or applicable laws and regulations.
- This Agreement sets out the full extent of Engagement Cam’s obligations and liabilities in respect of the Product and its hiring to the Customer. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on the Customer except as specifically stated in this agreement. Any condition, warranty or other term concerning the Product which might otherwise be implied into or incorporated within this agreement, whether by statue, common law or otherwise, is expressly excluded.
- DATA PROTECTION
- FORCE MAJEURE
Neither Party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any obligation under this Agreement if such delay or failure results from an event which is beyond that Party’s reasonable control including, without limitation, strikes, lock-outs or other industrial disputes, an act of God, war, riot, civil commotion, threats of or acts of terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
- We may transfer our rights and obligations under this Agreement to another organisation.
- If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 11.3 shall not affect the validity and enforceability of the rest of this Agreement.
- Engagement Cam reserves the right to amend this Agreement at any time. If we make changes to this Agreement, we will post the revised terms on the Site and update the “Last Updated” date at the top of this Agreement.
- Unless it expressly states otherwise, this Agreement do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of this Agreement.
- this Agreement shall be governed by the law of England and Wales and subject to the exclusive jurisdiction of the English courts.