Deeside Kilts Ltd

 1. GENERAL :

This contract is for the hire of items & accessories & the sale of goods detailed on your order and the parties to the contract are:

(a) Definitions: The Hirer and, where the Hirer is not an individual acting in person, the “signatory” on the agreement and Deeside Kilts Ltd (Registered No: SC668118 with registered office at Unit 3, 77 High Street Banchory, AB31 5TJ. Any condition deemed invalid would not affect other conditions. Nothing in this contract is intended to limit a customer’s existing legal rights.

(b) Extent of Contract: The contract is not assignable and is effective when Deeside Kilts Ltd accepts the Hirers detailed order.

(c) Termination: Deeside Kilts Ltd may terminate the contract and repossess hired goods without affecting any rights to recover monies due, damages for breach of contract or other remedies where the Hirer is in breach or is involved in insolvency or liquidation proceedings.

(d) Ownership of Goods: Goods hired remain the property of Deeside Kilts Ltd at all times. Ownership of goods purchased transfers only when Deeside Kilts receives full payment.

2. HIRE CHARGES :

(a) Basis of Charging: The stated hire charges are for the duration of the contract and include Saturdays, Sundays and public holidays, where applicable, Standard hire duration is four days. The start date of hire is deemed to be noon on the day of delivery/collection. Any shortages should be advised to Deeside Kilts Ltd within 24 hours of delivery / collection and we will endeavour to rectify the situation by offering replacement items.

(b) Time for Payment  : The Hirer will pay the full outstanding balance, less any previous deposit, to Deeside Kilts Ltd on collection or prior to delivery of the hire outfits or purchased items.

(c) Deposits : Deposits are set by Deeside Kilts Ltd, at amounts reasonably required, and will be offset against any monies due. All deposits are non-returnable. Standard Deposits will amount to 20% of the full hire agreement and are required to be paid on the booking date. 

(d) Credit and Debit Card Transactions : Where the Hirer pays by credit or debit card any agreed refund will be credited only to the same card and the same card will need to be produced at the time of the refund to complete the transaction.

(e) Loss of Hired Goods and Damage Repair: Deeside Kilts Ltd may treat goods unavailable for inspection after reasonable notice as lost and levy a penalty charge against the Hirer equal to the current retail sale value. The Hirer will pay for loss of hired goods, breakage and damage, except where condition 2 (f) applies. Hire charges will accrue until full settlement is made.

(f) Damage Waiver Option: A mandatory damage waiver charge will be included in addition to the overall agreed cost of hiring each outfit. Where the Hirer pays the appropriate damage waiver charge at additional cost of £10.50 per outfit Deeside Kilts Ltd will waive any charge to rectify accidentally damaged hired goods. Where this damage waiver charge is not accepted it is the customer’s responsibility to insure the hired goods themselves. Damage waiver is not insurance for lost, stolen or maliciously damaged hired goods where 3(d) will come into affect.

(g) Cancellation Charges and Changes to orders: Deeside Kilts Ltd will charge for any hire contract cancellation at 20% of agreed hire cost of the agreement (This is normally the  value of the deposit cost). However, any  cancellations requested to cancel hire order agreements within 2 weeks of the agreed delivery date will incur full payment of the of hire cost and a £20.00 administration fee, per hire order.

 Deeside Kilts Ltd will charge for any product sale cancellation with a standard 20% restocking charge. 

Bespoke and / or made to measure orders will be charged at full cost as, due to their nature, these cannot be returned.

(h) Late charges: Late charges are applied if outfits or single items are not returned on the planned day of return. Late return charge rates will incurred a maximum of £20.00 per outfit per day including bank & public holidays until the hired outfits are returned, notwithstanding where clause 2(e) takes effect.

3. HIRER’S RESPONSIBILITIES

(a) Inspection and Receipt of Hired Goods:  Goods hired with any missing or damaged items must be reported to Deeside Kilts Ltd on the eve of the function, if not earlier. In the case of hired goods being taken overseas by the Hirer, any shortages or defects must be reported before the hired goods leave the UK mainland. Rectification after the event is not practical. Insurance cover for hired outfits being taken out of the country is the customers liability. If hired items are lost in transit, the full retail value shall be paid by the customer. If the items are found and returned, a partial refund may be agreed, less any hire charges accrued. On return of the hired outfits Deeside Kilts Ltd and the Hirer will check and acknowledge receipt of the returned outfits at delivery / handover at the shop. Any shortages will be agreed with the hirer at this time and an agreement made to compensate Deeside Kilts Ltd for the shortfall. 

(b) Security of Hired Goods The Hirer accepts responsibility for hired goods and their security until its collection by or return to Deeside Kilts Ltd and undertakes not to sell or relinquish possession, alter, repair or modify them in any way.

(c) Return or Collection of Hired Goods The Hirer may arrange for the return or collection of hired goods at any branch of Deeside Kilts Ltd during normal business hours. Return of all hired goods will be prior to 2 PM on the date specified. Collections are chargeable at the current rates of £25 per collection. The Hirer shall remain liable for hire goods until safe return / collection. Late charges in paragraph 2(h)

(d) Lost or Stolen Hired Goods The Hirer agrees to insure (Insurance is between the Hirer and Independent Insurance company, accidental damage waiver will not cover this loss) the hired goods on a full replacement basis against the risks of loss and theft and on demand pay Deeside Kilts Ltd any insurance claim proceeds. If no Independent Insurance is taken, the Hirer shall repay to Deeside Kilts Ltd full retail value of the lost/stolen goods on return of remaining goods. This liability is without prejudice to Deeside Kilts Ltd rights under the contract. Replacement goods purchased with any insurance claim proceeds are the property of Deeside Kilts Ltd.

(e) Identification Prior to or on collection you must provide, TWO forms of printed identification for EACH adult hirer. These must consist of one form of photographic identification & one proof of address, dated within the last 90 days. These can be sent by e-mail or handed in to the branch in person. Persons under the age of 18 years must have a parent, guardian’s or other responsible adult’s signature & Identification.

Management reserve the right to cancel an order if identification is not deemed suitable.

List one:    Photographic ID 1. New photo card driving license. 2. UK Passport within current dates. 3. Inland revenue photo card / armed forces card / Police ID card. 4. Armed forces IDcard. 5. Emergency services IDCard.

List two:    Proof of address 1.Bank or credit card statement dated within the last 90 days. 2.Utility or services bill dated within last 90 days. 3.Mobile/Telephone bill dated within last 60 days. Identification is required on all orders prior to collection.

NO OTHER FORMS OF IDENTIFICATION ARE ACCEPTABLE. If you cannot provide adequate identification, or if you live out with the UK then a Security deposit is accepted as an alternative. This can be provided on a CREDIT CARD or in CASH only.

Please note: Credit Card Security Deposits may take up to 10 working days to cancel.

Orders will be cancelled, and monies withheld if identification rules are not adhered to.

Management reserve the right to refuse any order or customer.

4. DEESIDE KILTS LTD RESPONSIBILITIES

(a) Hire Rates: we will maintain the agreed hire rates for the duration of the contract.

(c) Fitting, Delivery and Collection: we recommend that hired goods be collected and tried on and the Hirer is fully aware of how the goods should be worn, at least 8 hours before your function. Deeside Kilts Ltd offers facilities in store for the Hirer to try on hired goods. Failure to try on your hired goods prior to your function will remove liability from Deeside Kilts Ltd for fitting errors. You must be 100% satisfied with the hired goods before you wear them; the only way is to try them on prior to your function. If you do not Deeside Kilts Ltd cannot be responsible after they have been worn. Following the Hirer’s request, Deeside Kilts Ltd will endeavour to deliver or collect the hired goods during the next business day, wherever possible, at the charges advertised.

(d) Limitation of Liability: The liability of Deeside Kilts Ltd for claims made by the Hirer does not extend to any unforeseeable financial loss caused by late or non-delivery of hired or sale goods, unsuitability, stoppage or lawful repossession. Subject to the above, Deeside Kilts Ltd will not be liable for negligence or error in the performance of its obligations under the contact.  

5. DISTANCE SELLING REGULATIONS

Under the Distance Selling Regulations, you have a right to cancel your order for any item purchased on our website for a full refund. This does not apply to items personalised or made to your specification.  Items such as Made to Measure kilts and jackets that, by reason of their sizing and specific specifications, cannot be returned; perishable goods (e.g. food and flowers)  

To cancel, you can email us or write to us (see ‘contact us’ for details) by the end of the seventh working day** after the day on which you receive your item(s), quoting your order number. You must take reasonable care of the item(s) and must not use them. Item(s) may be returned to one of Deeside Kilts Ltd stores, or we can arrange collection.  Only In the event of an item being unsuitable for its purpose or being of a lesser quality than that which is advertised, Deeside Kilts Ltd will be liable for any postage charges incurred.  Otherwise, you are liable for all postage charges.

You may cancel an order for services in the same way, by the end of the seventh working day** after the day on which you purchase the service, unless the services begin sooner. You may not cancel transport/delivery services which occur on a specific date.  

If you have an Internet order queries call 01330 822177 or email sales@deesidekilts.co.uk

** All days other than Saturdays, Sundays and public holidays