Hire Terms and Conditions
Hire of Goods
These are the terms and conditions, as may be updated from time to time by Jennis & Warmann, upon which Jennis & Warmann is willing to hire Items to Customers to the exclusion of all other terms and conditions (including any terms and conditions which a Customer may purport to apply under any other document).
To place an order with Jennis & Warmann for the hire of Items will require the completion of an Order Reservation Form. An Order Reservation Form may be completed at the Shop by one of our sales assistants or completed and submitted by a Customer to Jennis & Warmann online at the Jennis & Warmann web site www.jennisandwarmann.uk (the “Website”).
Jennis & Warmann accepts an order for items when an Order Reservation Form is completed in a shop, at the time the Order Confirmation Form has been signed by the Customer.
Jennis & Warmann accepts an order for Items when an Order Reservation Form is completed and submitted by a Customer online via the Website, at the time Jennis & Warmann sends an email to the Customer confirming that it has received such order.
It is at this moment Jennis & Warmann accepts an order that a contract of hire is made between Jennis & Warmann and the Customer for the hire of Items (“Contract”).
Each Contract is subject to these terms and conditions and the terms and conditions set out in the Order Form accepted by Jennis & Warmann, to the exclusion of all other terms and conditions (including any terms and conditions a Customer may purport to apply under any other document). All Contracts will be concluded in English. If there is any conflict between these terms and conditions and an Order Form, these terms and conditions shall prevail.
Contracts will neither be filed by Jennis & Warmann nor be accessible to Customers. Customers viewing these terms and conditions online can access the latest version of this page. Customers should make a durable copy of these terms and conditions by printing and/or saving a downloaded copy on their own computer.
Except as otherwise set out in the eighth paragraph of Clause 6 below, the terms of a Contract may only be changed if: (i) the Customer physically attends the Store relating to the Contract and the parties agree in writing to the change on the Order Form; or (ii) Jennis & Warmann accepts a change proposed by the Customer online by sending the Customer an email confirming its acceptance of that proposed change. Jennis & Warmann is unable to confirm changes to a Contract by telephone.
An additional fee is payable by the Customer in the event a Contract is varied in any way (including, but not limited to, any agreed change to the Collection Date or the Despatch Date (as applicable), any change from collection to despatch or vice versa, or any change to the items ordered or the period of hire) less than three weeks prior to the Despatch Date (as detailed in Clause 8). The hire fee will also change to reflect any agreed change to the Goods ordered or the period of hire.
The Customer shall ensure Jennis & Warmann receives accurate size information, for all persons who will be wearing items, at least 35 days before the Despatch Date for customers wearing our outfit. Jennis & Warmann cannot guarantee supply of Goods if accurate sizes have not been given within these time frames. A Contract will be cancelled if Jennis & Warmann has not received all required size information within 35 days of the collection date.
We reserve the right to substitute for the nearest size up on any items if size required is not available.
Hired items cannot be custom made and no alterations are allowed whatsoever.
Hire items do not come in odd sizes.
Jennis & Warmann will not be responsible for items not fitting right because of incorrect sizes given by customers.
Collection, delivery and hire period
Where Goods are being collected, they will be available for collection from or after 2pm on the Collection Date.
The Customer shall return the Goods free of damage to our store on the date as set out in the Order Form by 2pm on the Return by Date. This is usually the next working day after the event date.
Where Goods are being delivered, they will be despatched on the date set out in:
- the Order Form, in respect of any Order Form completed in a Contact Store; or
- (ii) an email from Jennis & Warmann to the Customer, in respect of any Order Form completed and submitted by a Customer online. It is the Customer’s responsibility to ensure they are available to sign for Goods on the delivery date notified to them by the courier).
The duration of a Contract or Contractual period of hire shall not exceed a period of greater than 5 days. The Return by Date shall not be longer than 2 days from the Event Date (even if the Order Confirmation Form says otherwise).
Your contractual hire is one day. This means items are hired to you only for the date as set out in your contract confirmation form.
Where suits are being collected from the store, we will allow pick up of items 2 days to your event. Items will be available for collection not earlier than 2pm on the day of collection.
Where suits are being delivered by our courier, we will endeavour to deliver them to you 2 days prior to the event for trying them on and getting comfortable in them. Items will be delivered by close of day on the delivery date as set out in your contract form.
Payment and Security Deposit
If the Order Form is completed in our Shop, the Customer must pay to Jennis & Warmann the full amount of the invoice at the time the Contract is formed, unless agreed otherwise by the parties in writing.
If the Order Form is completed and submitted by the Customer online, the Customer must pay to Jennis & Warmann the full amount of the invoice at the time the Order Form is submitted by the Customer to Jennis & Warmann online, unless agreed otherwise by the parties in writing.
The Customer must pay to Jennis & Warmann any outstanding balance of the Grand Total on or in advance of the Customer’s collection of the Goods, or (if the Goods are to be delivered to the Customer) in advance of Jennis & Warmann’s despatch of the items. This must be done no less than 35 prior to the hire date.
Items will not be released to the Customer until the Grand Total has been received by Jennis & Warmann. Further details of all charges and additional fees that will apply to Contracts can be obtained by a Customer from any Jennis & Warmann hire store or viewed at the Website (such charges and additional fees may be updated by Jennis & Warmann at any time without notice). All such charges and additional fees are exclusive of VAT unless otherwise stated.
For the avoidance of doubt, if the completed Order Form is submitted by the Customer to Jennis & Warmann online, authority for payment is given at the time the Order Confirmation is submitted, however the Customer will not be charged until the order is accepted by Jennis & Warmann. Hire fees submitted online may be submitted by credit card or debit card (but not by American Express, Electron or Solo cards).
In respect of each Order Form completed in a Store, in the event of any discrepancy or difference between the till receipt for the payment of hire fees and the amount payable in respect of those hire fees as set out in the Order Form, then the till receipt value will be deemed to be correct, and the hire fees for that Contract will be adjusted accordingly.
In respect of each set of Goods ordered, the Customer shall pay to Jennis & Warmann a security deposit of £75+VAT per item on or before the Collection Date or (if the Goods are to be delivered to the Customer) before the Despatch Date (“Security Deposit”). The Security Deposit is payable in a Store or online by credit card or debit card (but not by American Express, Electron or Solo cards). No Goods will be released until the Security Deposit has been received by Jennis & Warmann.
The Security Deposit will be held by Jennis & Warmann against the items hired and will be retained by Jennis & Warmann in full in the event that the Goods are not returned to Jennis & Warmann within 5 days of the Return By Date.
In the event that damage occurs to items, a portion of the Security Deposit will be retained by Jennis & Warmann equal in value to the then-current full selling value of the damaged Goods.
We will charge £15 per day per item returned late.
Risk, title, loss and damage.
Ownership of all items remains with Jennis & Warmann at all times and the Customer shall not at any time sell, mortgage, charge, hire or otherwise encumber the items.
The risk in the items will pass to the Customer at the time they are collected from Jennis & Warmann by or on behalf of the Customer.
Peace of Mind is a cover for the Customer in respect of all accidental damage occurring to the Goods whilst in the possession of the Customer, except for malicious damage.
Non-return, loss and theft are not covered by Peace of Mind. This can be requested at the time of placing the order.
The Customer is responsible for and shall take adequate measures to protect the items from loss or damage. The Customer shall indemnify Jennis & Warmann against any loss or damage to the items (to the extent such damage is not covered by Peace of Mind).
In the event that the Goods are damaged and not covered by Peace of Mind, the Customer will pay an amount equal to the then-current full selling value of the Goods in question or the repair or cleaning cost whichever is applicable as decided by Jennis & Warmann.
Any Goods not returned in full by the Return By Date will be subject to an additional daily ‘late return’ fee of £10 per day for the first 5 days that the Goods are late.
Any Goods due to be returned to Jennis & Warmann during Ascot Week that are not returned by the Return by Date will be subject to an additional ‘late return’ fee equivalent to the single day rate for each day, or part thereof, for the first 5 days that the Goods are late.
If an Order Confirmation Form is submitted online via the Website only (i.e. at no point has the Customer physically attended a Store to discuss the order), the Customer may cancel the Contract by email only, within: (i) 14 working days (excluding Saturdays, Sundays and bank holidays) after Jennis & Warmann accepts the order; and (ii) 14 days prior to Despatch Date, without incurring any cancellation fees.
Unless a Customer cancels a Contract in accordance with the paragraph immediately above, cancellation by the Customer of a Contract made more than 28 days in advance of the Despatch Date will be subject to a £60 cancellation fee, per item (i.e. per outfit or any part of it).
Unless a Customer cancels a Contract in accordance with the paragraph immediately above, cancellation by the Customer of a Contract made between 14 and 28 days in advance of the Despatch Date will be subject to a cancellation fee of 70% of the full hire fee.
Unless a Customer cancels a Contract in accordance with the paragraph immediately above, cancellation by the Customer of a Contract made within 14 days prior to Despatch Date will be charged at the full hire fee.
All customers are required to:
Check their order carefully (ensure the goods are correct, complete & in good condition) before they leave the store or upon receipt of the goods (as applicable).
To ensure the goods fit correctly, all wearers are required to try on their complete outfit at the very earliest opportunity (and before leaving the store if goods are collected) or, if this is not possible, then within 24 hours of the collect date or the date of receipt (as applicable).
Jennis & Warmann cannot be held responsible for any error discovered after collection (or after receipt (if despatched)).
Limitation of Liability
Jennis & Warmann does not limit its liability for death or personal injury caused by its negligence, fraud, fraudulent misrepresentation or any other areas of liability which cannot be limited by law.
Jennis & Warmann will use its reasonable endeavours to rectify any errors found upon checking the Goods at the time of collection or receipt; however Jennis & Warmann will not be liable for any loss suffered by a Customer which could have been avoided by complying with the Clauses above.
Jennis & Warmann will not be liable to the Customer under any statute or in contract, tort or otherwise for any:
- loss of profit; or
- (ii) indirect or consequential loss, which arises out of or in connection with these terms and conditions or any Contract.
In respect of each Contract, Jennis & Warmann’s liability (whether such liability arises in contract, tort or otherwise) is limited to the cost of the hire of the items under that Contract paid by the Customer.
In respect of these terms and conditions, Jennis & Warmann’s liability (whether such liability arises in contract, tort or otherwise) is limited to the cost of the hire.
Lost Property – It is the Customer’s responsibility to ensure that all personal items are removed from the items prior to the return of items to Jennis & Warmann.
Jennis & Warmann accepts no responsibility or liability for any personal items returned in error with the items.
These terms and conditions, each Contract and all non-contractual obligations connected with the same will be governed by the laws of England and Wales.
The English and Welsh Courts will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions, each Contract and all non-contractual obligations connected with the same.
Jennis & Warmann is registered under the Data Protection Act 1998. Jennis & Warmann may use a Customer’s personal information to:
- fulfil orders placed by the Customer;
- process the Customer’s payments;
- carry out credit checks;
- disclose information about the Customer to any relevant regulator if they require it or to anyone else if Jennis & Warmann has a legal duty to do so;
- help the Customer use the Website;
- analyse the Customer’s purchasing preferences; and
- contact the Customer in accordance with their marketing preferences about Jennis & Warmann’s goods, services and special offers that Jennis & Warmann thinks may be of interest to the Customer.
Jennis & Warmann may disclose the Customer’s information to its employees, agents, group companies and service providers for these purposes.
In order to protect against fraud and theft, Jennis & Warmann may also share Customer information with lenders and credit reference agencies. Customers have the legal right to ask for a copy of the personal information Jennis & Warmann holds about them (for which Jennis & Warmann may charge a small fee) and to correct any inaccuracies in their information.
Online Specific Clauses
Price of the Goods
The price of the Goods shall be the price confirmed by us at the time the order is placed. While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered (whether this by our error or an error by any third party) we will inform you as soon as possible, and give you the option of re-confirming the order at the correct price or cancel it.
If we are unable to contact you, we will treat the order as cancelled. If you have already paid for the goods and the order is subsequently cancelled, you will receive a full refund.
In the event that we are unable to supply the Goods at the price or specification stated in the order, we will where possible notify you of any changes.
Where the Goods ordered are not available we may offer you substitute goods whereby you will be asked to re-confirm your order at the new price and/or specification. You are not obliged to accept any substitute Goods and will be entitled to receive a full refund if you confirm that the substitute Goods are not acceptable. The price is inclusive of any applicable value added tax or other sales tax (at the rate from time to time in force).
Any packaging or delivery costs for which you shall be liable will be confirmed prior to your order being placed.
Terms of Payment
Please see our Payment Options for our terms of payment.
In the event that a cheque or credit card payment is dishonoured by your bank or credit card provider, they (being your bank, credit card provider or our debt collection company may charge a fee. Where we incur any fee or liability as a result of a dishonoured payment, you will be liable to reimburse us in full for the amount we have incurred.
All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. In addition, in the interests of preventing fraudulent use of credit, debit and charge cards, Jennis & Warmann will validate the names, addresses and other information supplied during the order process against commercially available records (e.g. Electoral Roll data, credit reference services). We reserve the right to instruct a third party to complete these checks. By ordering from our website, you consent to such checks being made. We may need to contact you by letter, telephone or email to verify details before we are able to process and dispatch your order or we may be unable to accept your order and we shall not be liable for any delay or non-delivery this may cause. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Act 1998.
If an order form is submitted online via the website only (i.e. at no point has the Customer physically attended a Store to discuss the order) you shall make all arrangements to take delivery of and provide a signature for the Goods whenever they are tendered for delivery. We aim to provide you with an approximate date on which the Goods will be ready for collection or delivery.
Where we become aware that the date of delivery may be delayed, we shall notify you as soon as possible and aim to provide you with a revised date. We shall not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the estimated date.
Time for delivery shall not be of the essence of the Contract unless previously agreed in writing by us. We may deliver the Goods in advance of the quoted delivery date upon giving you reasonable notice. If we fail to deliver the Goods for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
If you ask our delivery provider to leave the goods in a safe place or at checkout request special instructions, then you are deemed to accept total liability for the goods if we comply with your instructions.
In the event, we fail to deliver the Goods to the cardholder’s registered address or any such alternative address within 2 days of the planned event, or following 3 attempts by us (whichever is earlier) due to reason(s) reasonably considered to be your fault then we may in our discretion refund the sum paid to us by you and cancel the Contract.
If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery, then we reserve the right to store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage or subsequent delivery charges which we may incur.
Please see our Delivery and Returns Policy.